The following Terms govern the License granted by Klear Finance S.R.L., with registered office at Via Val Bregaglia, No. 3, 20147 Milan (MI), Tax Code and VAT number IT 13462040968 - N. REA MI - 2724320, contactable at the email address info@klearfinance.com or via PEC at klearfinance@legalmail.it.
The license is granted to the Consumer directly through the website klearfinance.com and drawn up in accordance with regulations on distance contracts, in particular according to Articles 49 and following of Part III, Title III, Chapter I of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) and of Legislative Decree No. 70 of April 9, 2003 regarding e-commerce, updated with the amendments of Law May 3, 2019, No. 37 and Law April 12, 2019, No. 31.
Art. 1 - Definitions
Conditions: these General Conditions of contract.
Company: Klear Finance S.R.L.
Site: the website klearfinance.com.
Customer/Consumer: a natural person who, as such, acts for purposes unrelated to their commercial, artisanal, entrepreneurial, and/or professional activities, and who, after registering on the Site, requests the licensing of Klear Finance software use.
Klear Finance: the software provided under a license for use in software as a service (SaaS) mode, which allows the User to access the Service.
Product: the software known as Klear Finance.
License: the license for use relating to the Product.
Service: the set of services accessible through the License, including access to one's current account data and securities accounts, also in aggregated mode, upon authorization and Strong Customer Authentication (SCA) guaranteed by partner services (such as SaltEdge) or by direct-connect to credit institutions.
Personal data: according to Reg. (EU) No. 679/2016, any identifying information of a natural person, including name, identification codes, address, contacts, and banking details.
Purchase Order: request for the purchase of the License by the Customer.
Art. 2 - Subject of the contract
2.1. These Conditions govern the granting of the license for use in SaaS mode of the Klear Finance software through the Site.
2.2. The Conditions apply to every contract concluded between the Company and the Customer, without the need for an explicit reference.
2.3. The software Klear Finance license is intended solely for final consumers.
2.4. The Customer, before proceeding with the purchase of the License, is invited to carefully read these Conditions, which they declare to know and fully accept at the time of the Order.
2.5. The Company reserves the right to update or modify the Product, adding functionalities without additional costs for the Consumer.
2.6. The Company may make changes to the Conditions if necessary, following regulatory updates, jurisprudential developments, or to adapt the terms to the Service actually offered. Changes will be made available by updating the dedicated webpage on the Site.
Art. 3 - Conclusion and effectiveness of the contract
3.1. On the Site, the Company offers the License to the Customer as an invitation to offer for the purchase of Klear Finance software.
3.2. The License can only be purchased after the Customer registers on the Site.
3.3. To register, the Customer must enter personal information and select a username and password necessary for future access to their personal area.
3.4. To purchase the License, the Customer selects the Product and clicks on “Buy,” finding information on the features of the Product, Conditions, withdrawal methods, and legal guarantees.
3.5. Before finalizing the purchase, the Customer enters the necessary data.
3.6. After verifying the data and accepting the Conditions, the Customer submits the Order by clicking the appropriate box.
3.7. The Order constitutes a binding purchase proposal for the Customer.
3.8. The contract is perfected with the acceptance by the Company, which occurs through an email sent to the address provided by the Customer.
3.9. The Order is retained by the Company for the time necessary for execution, within legal limits.
Art. 4 - Cost of service and duration
4.1. The License is granted upon payment of the fee for the selected service.
4.2. Communications regarding the transaction occur on secure lines.
4.3. The License has a monthly duration and is automatically renewed unless cancellation is sent within 7 days of renewal.
Art. 5 - Shipping and delivery
5.1 Delivery occurs within 2 working days of receipt of payment.
5.2. Delivery is made via digital sending of access credentials to the Product.
Art. 6 - Guarantees and limitations of liability
6.1. The Company assures that the Product complies with the described and declared quality.
6.2. In case of defects, the Customer has the right to free restoration of conformity of the Product, according to Art. 135-octiesdecies of the Consumer Code.
Art. 7 - Right of withdrawal
7.1. The Customer may withdraw within 30 days from the conclusion of the License without additional costs.
7.2. The right of withdrawal can be exercised via PEC at klearfinance@legalmail.it or through functions on the Site.
7.3. With withdrawal, the Company revokes the License and deletes the Customer's data.
7.4. To comply with the withdrawal terms, it is sufficient to send communication within the stipulated time.
7.5. In case of withdrawal, all payments will be refunded within 14 days from the withdrawal notification, using the same payment method, unless otherwise agreed with the Customer.
Art. 8 - Suspension and unilateral cancellation of the account
8.1. The Customer agrees that the service may be temporarily suspended for maintenance or force majeure.
8.2. The Company reserves the right to suspend the service or cancel the Customer's account if the latter violates the Conditions or uses the Product for unlawful purposes or contrary to third-party rights.
Art. 9 - Consumer information
9.1 The Company is liable for conformity defects existing at the time of delivery pursuant to Art. 61 of the Consumer Code. Defects that are not fraudulently concealed must be enforced within twenty-six months from delivery. A post-sales assistance service is provided upon request.
Art. 10 - Processing of personal data
10.1. The Company commits to comply with Regulation (EU) 2016/679, Legislative Decree 196/2003, and related regulations, as specified in the notice published on the site.
10.2. The Company processes data according to principles of fairness and security, as described in the privacy policy.
10.3. Terms and Privacy Policy applied by partner services, such as SaltEdge, integrate what is indicated in this document, in particular, SaltEdge End-user Dashboard Terms of Service and Privacy Policy.
Art. 11 - Applicable law and competent court
Any disputes will be governed by Italian law, and the competent court will be exclusively that of the Consumer's residence.
Deactivation and retention of data
In case of deactivation of your account, the associated personal data will be permanently deleted within 30 days. After this period, the data will be definitively deleted.
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