1. Definitions

In this document, the words in capitals will have the following meanings:

• "Account on Third Site" means the Users’ accounts and the information found on other websites or other applications belonging to the Agreed Suppliers (as defined below), besides the Pago App, over which the Company has no right and for whose functioning the Company may not be liable. Insofar as the Application may not connect by an Account from a Third Site, we recommend you verify if the Third Party’s Site presents connection problems before contacting the Company;
• "Agreed Supplier" means the legal entity included in the Pago App to which the Users may make payments through the functions of the Pago App. The Agreed Suppliers are uploaded in the Application insofar as the Company or any of its collaborators has a contractual relationship with them in this sense;
• "Consumer" means any natural person who intends to order, use, or purchase goods, products, or services primarily for personal, social, family, household, and similar needs, not directly related to entrepreneurial or business activities, according to Clause 3 of the D.Lgs. 206/2005 and/or falling within the meaning set forth in Article 1.2(a) of the Directive 1999/44/EC of the European Parliament and of the Council;
• "Pago App" means the software application, over which the Company (as defined below) is the holder of rights, whereby the Users (as defined below) may make electronic payments online, to various suppliers of services, accessible for being downloaded by the Users on their mobile phones, through Apple App Store and Google Play, directly, or through the Site, by redirecting, indirectly. For the purpose of these terms, this definition will be used irrespective of the modality of accessing the Pago Application (through the Site or with the help of the mobile phone, directly from Apple App Store or Google Play);
• The "Company", "We" or "our" Pago Italia SRL
• "Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, according to the definition from the General Data Processing Regulation ("GDPR");
• "Personal Data Policy" means the policy relating to the processing of the Users’ Personal Data which is adopted by the Company;
• "Professional": the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional, or an intermediary under Article 3 of Legislative Decree no. 206/2005.
• "Starting Date" means the day when the User subscribes to Pago App's fee-based services by paying the Subscription Fee;
• "User" means any natural person, over 18 (or younger provided that he/she has full legal capacity) years old who registers and uses the Pago App, accepting these terms. For the avoidance of any doubt, the Pago App is not meant for natural persons who do not meet the conditions described in this definition and, explicitly, is not meant to the use by minors (in the sense of the legislation applicable to a certain user);
• "Subscription Fee" means the amount to be paid by the User for subscribing to the services offered by the Company through Pago App, which may vary according to the subscription models the Company makes available on the said app.

2. Using and functioning of the Pago App

2.1. The Company offers the User, based on the account created by the User, access to the Pago App whereby it may pay its invoices, contributions, and taxes and may make other payments to the Agreed Suppliers.

2.2. The services provided through the Pago App are meant only for Users who accept these Terms and may be used only after accepting such terms. The User acknowledges that by accepting these Terms, the User and the Company will enter into a binding agreement at the terms and conditions as stated herein (the "Agreement"). Insofar as it is necessary, according to the legal provisions or the requests of any authority, as well as based on suspicions of fraud or damage to its systems, the Company may ask any User to prove their legitimacy as a User, by asking them to supply additional information or documents. In this situation, the Company will not process any Personal Data contained in the offered additional information/documents but for proving the legitimacy of the User.

2.3. Through the Pago App and/or the Site, the Company offers the Users access to the following services:

• payment of invoices to the Agreed Suppliers, by using one of the following methods:
  
  - by configuring an Agreed Supplier as per art. 2.4 f) below;
  
  - by scanning a bill received from a utility provider, considering they are an Agreed Supplier, without the configuration mentioned above. This method is not applicable for other suppliers which are not on the list of Agreed Suppliers, with the exception of suppliers available to Users which have activated the Premium/Unlimited versions and who have previously used the options described in art 31.3. lit. d) and 3 1.4. lit. d) and in these cases, such payments of bills from these suppliers will only be available to these Users.
• viewing the history of the payments made to the Agreed Suppliers;

2.4. In order for a User to benefit, in the best conditions, from the above-mentioned services, they must follow a certain set of steps:

• downloading the Pago App from Apple App Store or Google Play, on a phone compatible with the current version of the Pago App, according to the mentions found on the page of the Pago App from the Apple App Store or Google Play. Thus, the Company does not guarantee the functioning of the Pago App on any mobile device belonging to any user;
• creating a User account, by filling in a form that contains the following fields: the e-mail address, name, forename, and password; when filling in this form, the User is obliged to supply current, complete data; in case the form is not filled in, the natural person may not become User of the Pago App; the purpose of requiring and processing such information by the Company is described in the Personal Data Policy, accessible here;
• as an alternative to the step described at letter b) above, the User may use their Facebook account to connect to the Application. In this situation, the Company will process the User’s name from Facebook. Users who are interested in additional aspects regarding the connection of their Facebook account in other applications/websites may access this link for more details;
• within the process described at letter b) above, accepting the Terms and confirming that it was informed about the content of the Personal Data Policy; these documents are accessible at any moment, for consultation, in the Pago App, after the finalization of the process described at letter b);
• (optional, if the functionality to pay after scanning a bill as per art. 2.3. lit. a) the second bullet is not used) in the case of the action indicated in letter d) above, selecting at least one Agreed Supplier from the list available in the Pago App, organized depending on the type of services offered (electricity, gas, water, sanitation, etc.) and introducing the connecting data (account name and password) which the User uses in its online account in the application/website of the Agreed Supplier;
• after finalizing the action from letter e), the configuration of each consumption place afferent to each Agreed Supplier selected and connected by the User in the Pago Application, by indicating the type of place (home, parents’ home, vacation home);
• introducing the payment details (number of bank account and unique password, created within the Pago App) based on which the payment of invoices is to be made. These details may be processed within the Pago App, according to the Personal Data Policy accessible here;
• the payment of the Subscription Fees, where and in the amount indicated through Pago App.

2.5. Following the pursuit of the steps indicated above, the Company, by means of the Pago App, has access to and processes certain information existing in the electronic accounts of the Users registered in the applications/sites belonging to the Agreed Suppliers. The access and the processing are made according to the provisions of the Personal Data Policy, available here.

2.6. While using the Pago App, the User has the possibility to make at any time any of the following actions:

• adding and erasing the Agreed Suppliers from its account;
• adding a bank card (i) by using the menu Settings – My cards, or (ii) by inserting the bank card details upon the initiation of the first payment;
• changing the data of the bank card used for making payments;
• accessing the settings of the Pago App, wherefrom it may find out more details about the Pago App; it may send written requests or questions to the Company; it may configure the types of notifications it wants to receive from the Pago App; it may set the method for securing the payments (a numerical code or fingerprint); it may change the language in which the Pago App is displayed (Italian or English);
• viewing all the invoices issued by the Agreed Suppliers, in PDF format;
• changing the subscription based on which the App is used, by switching to another subscription, if it wishes to use more or fewer functionalities of the Pago App;
• disconnecting from the Pago App.

2.7. The User is liable for keeping safe the identification and connecting data afferent to the User’s account, to prevent or reduce the chances of unauthorized access to the account created on the Pago App. For more information regarding this aspect, please see the Personal Data Policy, accessible here.

2.8. In the situation when, while using the Pago App, the User notices any elements which could indicate the inappropriate functioning of the Pago App, it may announce this fact to the Company by an e-mail sent at the address support@pago.app or it may access the section “Say your opinion” from the Pago App.

2.9. The User is entirely liable for all the operations made through the Pago App. In exchange, the Company guarantees that it processes the data generated by the User within the Pago App, including the Personal Data, according to the provisions of the Personal Data Policy, accessible here.

2.10. For the avoidance of any doubt, the Company is not liable for the accuracy of the information comprised in the PDF invoices available within the Pago App, belonging to the Agreed Suppliers, such as, without limiting to, the amount owed and its due date, the correct description of the consumption place or the holder of the agreement afferent to the consumption place. For any clarifications or discrepancies related to this information, the Company will direct the User to the Agreed Supplier issuing the invoice.

2.11. Insofar as the Personal Data offered by the User when filling in the registration form in the Pago App is false, inexact, or incomplete, the Company, after ascertaining this fact directly or following an announcement, may cancel or suspend this account, totally or partially, or it may refuse to supply any or all services available within the Pago App, insofar as the respective Personal Data may not be rectified by the Company with the help of the User.

2.12. In any case, the Company does not process Personal Data in a way that is not compliant with the Personal Data Policy. Also, the Company does not process Personal Data that is not necessary for offering the services available in the Pago App, for which it did not obtain the prior express consent of the User and in relation to which it has no legitimate interest or another reason for processing.

2.13. In the history of payments afferent to each Agreed Supplier, the User may consult the situation of all invoices paid during the past 6 months, it may find out the contact data of the customer support departments of the Agreed Suppliers or it may ask for the re-transmission of payment confirmation of any invoice, insofar as that payment was previously made with the help of the Pago App. This re-transmission is made through the User’s e-mail.

2.14. The User can pay one invoice or several invoices at the same time, up to the maximum number of payments available monthly on the active subscription. Once the maximum number of invoice payments available is reached, when the User attempts another bill payment, the app will show a message informing that the limit has been reached and suggesting the possibility to activate a subscription, along with information about the features available and the details of the applicable Subscription Fee.

2.15. In case the User has not added a bank card to his/her account by using the menu Settings – My cards, upon the initiation of the first payment, the User will be asked for data regarding its bank card which will be subsequently saved by the payments processor used by the Company, at the relevant time. The confirmation of making the payment is visually signaled in the Pago App and by a confirmation e-mail sent to the User.

2.16. The Company does not process, by any means, the bank card of any User besides facilitating access to such information by the payment processor. More details in this sense may be found in the Personal Data Policy available here.

2.17. We use third products for processing the payments ("Payment processors") made from your account from the Pago App. Processing the payments may be subject to the confidentiality terms, conditions, and policies of the Payment processors, in addition to these Terms.

2.18. We are not liable for any error which may occur in relation to the processing of such payment. You agree to make the payment by using the payment method selected when you instruct the making of such payment.

2.19. The Company does not guarantee a certain interval of time that may lapse between any of the operating steps of the Pago App, as they are described in this section. The Company may not be held liable for the technical difficulties which might occur depending on the mobile device where the Pago App is running and the capacities of this device. The Company is interested in the Users’ feedback, as well as in signaling any issues regarding the functioning of the Pago App, which may be sent by e-mail to the address: support@pago.app or by means of the section “Say your opinion” from the Pago App.

2.20. Notwithstanding the above, the User acknowledges and accepts all the following conditions:

• the Site and the Pago App are provided in accordance with the Company’s needs related to any scheduled or extraordinary and unmissable maintenance work;
• the costs of connection to the Internet network, and those possibly related to the connection modalities, are at the User’s expense.

3. Accessing and updating the Accounts from Third Party’s Sites

3.1. By using the Pago App and accepting the Terms, the User expressly authorizes the Company to access any of its Accounts from a Third Party’s Site, on behalf of the User, according to the provisions of the Personal Data Policy, available here.

3.2. By using the Pago App, the User may automate, totally or partially, the payments it authorizes to the Agreed Suppliers. In order to optimize the use of the Pago App, so that the User may be certain that the payment amounts displayed in the Pago App are correct and complete, the Company periodically accesses and updates the information about the User available in the Accounts from Third Party’s Sites.

3.3. Besides the purpose specified in art. 3.2., the Company will not use for any other purpose the information about the User available in the Account of a Third Site.

3.4. The User understands that, insofar as the information about the User which is available in the Accounts of Third Sites is inconsistent, incomplete, or inadequate, there is the possibility that the Pago App does not display correct, complete information regarding the invoices afferent to the Agreed Suppliers. For the avoidance of any doubt, The Company is not liable for any wrong result, insofar as this result is caused by the wrong information regarding the User found in the Accounts of Third Sites. The User is liable for the constant updating of the information available in the Accounts of Third Sites.

4. Authentication by a digital fingerprint

4.1. The authentication by digital fingerprint may be used on devices that have the authentication by digital fingerprint incorporated, minimum iPhone 5S with a minimum operating system iOS8, and on devices with Android operation system, minimum version 6.0. The Company does not process by any means the details of the digital fingerprints stored in the Users’ devices, this serves only for activating algorithms from the Pago App which allows the identification of the User.

4.2. This type of authentication ensures the security degree allowed by the supplier of this authentication solution. More details about the authentication by digital fingerprint may be found:

• in the case of iOS operation systems: here.
• in the case of Android operation systems: here.

4.3. The Company assumes no liability and makes no recommendations as regards the use of a certain type of authentication to the damage of the authentication system based on the PIN code, or vice versa.

4.4. The User is exclusively liable for the use of the authentication by digital fingerprint and the consequences of any unauthorized authentication using this type of authentication.

5. The recommendation feature of the Pago App to the User’s contacts

5.1. The Company will generate for every User of the Pago App a unique alphanumeric code (formed from numbers and letters), which will be associated only with that User and which that User can distribute to their contacts from their phone’s contact list. For the avoidance of any doubt, the User is not obliged to distribute this code, while the distribution of the unique code will not lead to activating features of the App that would be otherwise unavailable to that User.

5.2. The User can receive, in relation to their activity of distributing the unique code attached to their account in the Pago App, a number of Pago Points (in accordance with the Rules described here), as long as the User takes the following cumulative actions:

• the User distributes the unique code attached to their Pago account to their contacts;
• one of the User’s contacts installs the Pago App, as a result of using the link distributed by the User, which contains the unique code attached to the user’s Pago account;
• following installing the Pago App as per point (b) above, the new User connects to an Available Supplier and pays a bill issued by that supplier.

5.3. The unique code attached to the Pago account of every User is available in the Invite friend in Pago section and can be distributed to anyone and to an unlimited number of the User’s contacts. For new Users who have taken the actions described in art. 5.2 points (a) and (b), the User who distributed their unique code (which resulted in the App being installed by the new User), will be able to see, in the Invite your friends in Pago section, the fact that the new Users have not paid a bill, having the option to send them a notification.

6. Changes of the Terms

6.1. The Terms may be modified by the Company. Each time we make modifications, the User will be notified in this sense when accessing the Pago App and will be asked for express consent about accepting such Terms. Additionally, The Users will be notified (via e-mail) of the amendments to the Terms at least 15 (fifteen) days in advance of their entry into force.

6.2. The Users may access, within the Pago App, the Terms in their latest version, at any moment.

6.3. In the event the Company modifies the Terms during the period when the subscription of any User is ongoing, such modifications will only be applicable to that User from the first day after the expiration of the ongoing subscription month. In addition, the User will have the right to withdraw from this Agreement and such withdrawal will take effect only from the day following the expiration of the ongoing subscription month. The User will also have the right to be reimbursed by the Company any Subscription Fee already paid, if any, in relation to the subscription period starting from the date the withdrawal takes effect.

7. The Limitation of liability

7.1. The Company makes constant efforts for keeping the Application in function. Nevertheless, due to technical reasons or to some technical updates, it is possible that the Application does not function in certain moments. In these situations, the Company will communicate these aspects to the Users, when the Users access the Application.

7.2. Nevertheless, the Company does not assume liability in any situation for any damage caused directly or indirectly or for any direct or indirect loss of profit, suffered following the use or interruption of using the services offered by the Pago App.

7.3. The payments made by means of the Pago App are processed according to the information from the notification displayed by the Application to the User, after making the payment. Each payment is registered with the date of the day when the payment was made by the User, irrespective of the date when the amount is collected by the recipient Agreed Supplier or by the Company (with regards to the Subscription Fees). The Company will not be liable for any prejudice or damage which might occur due to the delayed payments made through the Pago App or following the inappropriate functioning of the Pago App, due to objective circumstances.

7.4. The Pago App makes available for the Users answers to frequent questions which may result from using the Application. At the same time, the Users may contact the Company at any time during the use of the Application to send questions about any aspect of the Application. In this context, the Company is not liable for the possible prejudice caused by the inappropriate use of the Pago App.

8. Indemnification

8.1. To the fullest extent permitted by applicable law, the User agrees to indemnify, defend and hold harmless the Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, litigation costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to your use or misuse of the Site, or Pago App, or any other service governed by the Agreement.

9. The applicable law

9.1. The Terms, as well as any contractual obligation deriving from or in relation to them, will be construed according to Italian laws.

9.2. Any disputes related to the use of the Pago App and of these Terms, shall be first amicably settled through mediation. The Company should facilitate mediation by, in particular, identifying at least two public or private mediators with which they are willing to engage to attempt to reach an agreement with the Users on the settlement, out of court, of any disputes between them arising in relation to the provision of the services concerned, including complaints that could not be resolved by means of the internal complaint-handling system. Mediators who provide their services from a location outside the European Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the Users concerned of any legal protection offered to them under European Union law or the law of the Member States, including the requirements of the Regulation EU n. 1150/2019 and the applicable law regarding the protection of personal data and trade secrets. In order to be accessible, fair, and as swift, efficient, and effective as possible, those mediators should meet certain set criteria, as set out in Regulation EU n. 1150/2019. Nonetheless, the Company and the User should remain free to jointly identify any mediator of their choice after a dispute has arisen between them. In line with Directive 2008/52/EC of the European Parliament and of the Council, the mediation should be a voluntary process in the sense that the parties are themselves in charge of the process and can start and terminate it at any time. Notwithstanding its voluntary nature, the Company should examine in good faith requests to engage in mediation.

9.3. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this clause shall not affect the rights of the parties concerned to initiate judicial proceedings at any time before, during, or after the mediation process.

9.4. Any disputes related to the use of the Pago App and of these Terms which have not been settled through the mediation process, shall be settled before the competent courts of the Company’s seat. In case you are a Consumer and have your usual residence in the European Union, you might take advantage of additional protections provided by the mandatory rules of your country of residence.

10. Third-party websites

10.1. The Pago App and the Site contain links to other websites, for whose content the Company is not liable. Accessing these websites is made according to the terms and conditions of each website. The Company is not liable for the content of these websites.

11. The intellectual property

11.1. The Company is the title holder of all the rights over the content of the Pago App and of the Site (including, but not limited to images, texts, trademarks, logo, web graphic elements, scripts, applications, and databases). It is forbidden the use any elements of content regarding the Pago Application and/or the Site, without the prior written consent of the Company.

11.2. The download and the usage of the Site and the Pago App by the User shall not be considered as a license, granted by the Company to the User, over any of the intellectual property rights held by the Company, save for what is expressly stated in this Agreement.

11.3. The Company shall grant to the User a revocable and non-exclusive license to use the Pago App, provided that the User is compliant with the Terms, including those related to correct and lawful use of the Pago App. Such license shall automatically expire upon the termination of this Agreement. Such license does not transfer to the User any other right arising from the Pago App, save for what is expressly stated in this Agreement: hence, the Company will retain ownership of all intellectual property rights in respect of the Pago App even after the Pago App has been downloaded on the User’s mobile phone.

11.4. All the trademarks which are displayed on the Site and their connected rights are held by their legitimate owners. The Company does not claim any right over them, except for those of which the Company is the legitimate owner.

12. Interruption of the service by the Company

12.1. In the event the Company makes any change or update which has the consequence of temporarily interrupting, restricting, suspending, or limiting, in any way, the functioning of the Site and/or the provision of the services to the Users, the Company will notify the User about such circumstances, before or at the time of the restriction or suspension, with the specification that the service is temporarily suspended (or interrupted, restricted or limited), and with a statement of reasons for that decision. If the events as described in this clause 10.1 occur, the payment made by the User for a Pago App's fee-based service, if any, and the subscription will be suspended for the time of the interruption of the Site and/or the services, and they will be reinstated as soon as the service re-starts. In this event, the subscription will be extended for a period that is equal to the period of the interruption, without any additional fee to be paid by the User.

12.2. In the event the interruption of the functioning of the Site and/or the provision of the services to the User as described above is not temporary, the Company will notify the User about such circumstance at least 7 business days prior to the interruption, with the specification that from a particular day the User will no longer be able to use the services through the Pago App.

12.3. In the event the User is in breach of the Agreement, the Company may, at its sole discretion and without any obligation to pay compensation:

• deny any of the Users further registrations and/or access to the Site, Pago App or any other service governed by the Agreement and/or access to the Site;
• take against any of the Users any action for its own protection, including those aimed at obtaining compensation for damages.

12.4. In particular, the User agrees that the Company has the right to immediately suspend the User’s account, pause or cancel his/her access to the Site, Pago App or any other service governed by the Agreement, if We suspect, in our sole discretion, that:

• the User’s account is being used for money laundering or any illegal activity;
• the User concealed or provided false identification information or other details;
• the User engaged in fraudulent activity;
• the User is using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity on the Site or Pago App;
• the User is otherwise in breach of the Agreement.

13. Termination and Withdrawal

13.1. If the User uses the free services of Pago App, the User can terminate the Agreement at any time by simply stopping using Pago App.

13.2. If the User is a Consumer and has subscribed to Pago App's fee-based services, such a User may withdraw from the Agreement and obtain a full reimbursement within 14 (fourteen) days from the Starting Date, by using the Cancel Subscription option in Settings > My Subscription

13.3. The right of withdrawal as regulated in clause 13.2 is applicable to the User provided that the User, after having subscribed to Pago App’s fee-based services, does not request payment of the first invoice covered by the paid subscription. In the event the User requests payment of the first invoice covered by the paid subscription, as the digital product is considered already consumed and no longer returnable to the Company, clause 13.2 will not apply, and the User will have the right to withdraw from the Agreement according to the following clause 13.4.

13.4. In all cases other than the aforementioned, if the User, regardless of his legal qualification, has subscribed to Pago App's fee-based services, such User may terminate the Agreement at any time by unsubscribing such services, but such termination will take effect only from the day following the expiration of the ongoing subscription month and the Subscription Fee for a such month cannot be reimbursed.

13.5. If the User is a Professional (or for any other reason does not qualify as a Consumer) and has subscribed to Pago App's fee-based services, such a User does not benefit from the right of withdrawal referred to in the previous clause.

13.6. The Company may terminate the Agreement in the event that the User is in breach of the Agreement and in all other cases in which the Agreement authorizes the Company to cease or suspend the provision of Pago App and related services.

13.7. In the event of termination by the Company, the Company shall provide the User concerned with a statement of reasons at least 30 (thirty) days before the termination. The notice period of 30 days shall not apply when:

• the infringement of legal or regulatory obligation occurred;
• the rights of termination under national law are in compliance with European Union law which allows immediate termination;
• the Company can demonstrate a repeated infringement of terms and conditions by the User.

The various exceptions to the 30-day notice period can in particular arise in connection with illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or suitability of the good or service to minors.

13.8. In the event the User has subscribed to Pago App's fee-based services and the Company intends to terminate the Agreement according to clauses 13.6 and 13.7, the termination will take effect from the day following the expiration of the ongoing subscription month, and the Company will reimburse to the User the Subscription Fee relating to the subscription months that the User will not be able to enjoy due to such termination.

13.9. In the event of termination of the Agreement, the Company will cease to provide the services to the User, the User account will be deactivated. Nevertheless, the User will still have access to the Pago App and the information contained therein, including those related to all the invoices issued by the Agreed Suppliers and the User’s payment history.

14. Miscellaneous

14.1. In the event any provision of this Agreement is or becomes illegal, and/or declared invalid or unenforceable by any court or any other competent authority, that provision will be considered no longer part of the Agreement and it shall not affect the remainder of this Agreement, which will continue to be fully valid and applicable.

14.2. Any full or partial limitation of liability of the Company pursuant to this Agreement is valid within the limits set by the applicable law.