Terms and Conditions

Please read these Terms and Conditions carefully before using Coney's services. By accessing or using Coney's identity management software or services, you (the "Customer" or "you") signify acceptance of and agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access or use the services.

These Terms and Conditions constitute a legally binding agreement between you and Antonio Christian Toscano (referred to as "Coney," "we," "us," or "our"), operating as a sole proprietorship for the provision of software as a service.

1. Definitions

These definitions apply to this Agreement:

2. Effective Date and Acceptance

This Agreement becomes effective on the date you register for an account and accept these Terms and Conditions during the account registration process (the "Effective Date").

You acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to this Agreement.

3. Description of Services

Coney agrees to provide the SaaS Services through the Application to Customer. Customer acknowledges that this Agreement is a services agreement and Coney will not be delivering copies of the Software to Customer as part of the SaaS Services.

The Services include identity and access management functionality, user authentication, account management, and related features as described in the Application and its documentation.

4. Account Registration and Responsibilities

4.1 Account Registration

To use the SaaS Services, Customers must register or create a Customer account, providing all required data or information in a complete and truthful manner. Failure to do so may result in unavailability of the Service or termination of your account.

4.2 Password Security

Customers are responsible for: - Keeping their login credentials confidential and secure - Choosing passwords that meet strong security standards - Not sharing passwords or account access with any unauthorized person - Immediately informing Coney via [email protected] if they suspect their account, credentials, or personal information have been compromised, disclosed, or stolen

4.3 Age Requirement

The Services are not intended for users under 16 years of age. By registering, you confirm that you are at least 16 years old.

4.4 Account Responsibility

You are fully responsible for all activities that occur under your username and password. Coney shall not be liable for any loss of data or functionality caused directly or indirectly by your actions or inactions, to the maximum extent permitted by applicable law.

5. Restrictions on Use

Customer shall not, and shall not permit anyone to: 1. Copy, republish, or redistribute the SaaS Services or Software 2. Make the SaaS Services available to any person other than authorized users 3. Use or access the SaaS Services to provide service bureau, time-sharing, or other computer hosting services to third parties 4. Modify or create derivative works based upon the SaaS Services or Documentation 5. Remove, modify, or obscure any copyright, trademark, or other proprietary notices contained in the software used to provide the SaaS Services or in the Documentation 6. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the SaaS Services, except and only to the extent such activity is expressly permitted by applicable law 7. Access the SaaS Services or use the Documentation in order to build a similar product or competitive product

Subject to the limited licenses granted herein, Coney shall own all right, title, and interest in and to the Software, services, Documentation, and other deliverables provided under this SaaS Agreement, including all modifications, improvements, upgrades, derivative works, and feedback related thereto and intellectual property rights therein.

6. Donations and Bank Sync Access

6.1 Free Tier

The Free Tier of the Services is provided without charge. Free accounts are provided without consideration and are not subject to withdrawal rights under the Consumer Rights Directive. We reserve the right to modify or discontinue the Free Tier at any time with reasonable notice.

6.2 Donations

Coney operates on a voluntary donation model. You may make a one-time donation to support the Service. Donations are:

By making a donation, you acknowledge that you are supporting the Service and receiving Bank Sync Access as part of the donation arrangement.

6.3 Payment Processing

Donations are processed by third-party payment service providers (such as Stripe) in accordance with their applicable terms and privacy policies. These providers act as independent data controllers for payment data and are not subprocessors of Coney.

6.4 Bank Transaction Import (GoCardless)

Users who have made a Donation and unlocked Bank Sync Access may use our bank transaction import feature via GoCardless (Nordigen). By using this feature:

6.5 Taxes

All donations are processed inclusive of any applicable taxes, including VAT, where required by law.

7. Right of Withdrawal

7.1 Donations and Bank Sync Access

If you are a consumer (a natural person acting primarily outside your trade, business, craft, or profession) and you have made a Donation to unlock Bank Sync Access, you have the right to withdraw from this contract within 14 days of the donation date without giving any reason, in accordance with the Consumer Rights Directive.

Important: Since Bank Sync Access is a digital service that begins performance immediately upon donation, and you explicitly consent to this immediate performance, your right of withdrawal may be limited or excluded under Article 16(m) of Directive 2011/83/EU once the service has been fully performed.

To exercise your right of withdrawal, you must inform us (Antonio Christian Toscano, Via Roma 79, 89063 Melito di Porto Salvo (RC), Italy, email: [email protected]) of your decision to withdraw by an unambiguous statement by email.

The withdrawal period will expire after 14 days from the day of the donation.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal:

If you withdraw within the 14-day period and have not yet used the Bank Sync Access feature, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have already used the Bank Sync Access feature, we reserve the right to withhold reimbursement proportionally to the service already consumed, or may deny reimbursement entirely if the service has been fully performed with your prior express consent.

7.2 Free Tier

The Free Tier is provided without charge and is not subject to withdrawal rights under the Consumer Rights Directive.

8. Account Termination

8.1 Account Deletion by Customer

You may delete your account at any time through the Application settings or by contacting us at [email protected]. Upon account deletion:

8.2 No Recurring Obligations

Since donations are one-time payments and not subscriptions, there are no recurring payments to cancel. Once you make a donation and unlock Bank Sync Access, that access remains available to you as long as your account exists and the Service operates.

8.3 Termination by Coney

Coney reserves the right to cancel or suspend access to the SaaS Services if the Customer: - Violates any of the terms of this Agreement - Engages in fraudulent or illegal activity - Attempts to compromise the security of the Services

8.4 Data Deletion Upon Termination

Upon termination or cancellation, Customer's data will be deleted and removed from the Application within a reasonable period, not exceeding 30 days, except where we are required by law to retain such data.

9. Data Ownership, Protection, and GDPR

9.1 Data Ownership

Customer retains all right, title, and interest in their data and content uploaded to the Services.

9.2 Data Protection

Coney agrees to take reasonable technical and organizational measures to protect customer data from unauthorized access, alteration, disclosure, or destruction.

9.3 GDPR Compliance

For detailed information about how we process your personal data, your rights under the General Data Protection Regulation (GDPR), and contact details, please refer to our Privacy Policy at [PRIVACYPOLICYURL]. The Privacy Policy is incorporated into this Agreement by reference.

9.4 Your GDPR Rights

Under the GDPR, you have the following rights: - Right to access: Request a copy of your personal data - Right to rectification: Request correction of inaccurate personal data - Right to erasure: Request deletion of your personal data - Right to restriction: Request restriction of processing - Right to data portability: Request your data in a structured, commonly used format - Right to object: Object to processing of your personal data - Right to withdraw consent: Withdraw consent at any time where processing is based on consent

To exercise these rights, contact us at [email protected]. We will respond to your request within 30 days, extendable by a further 60 days if necessary.

9.5 Data Controller Information

For the purposes of GDPR, the Data Controller is:

Antonio Christian Toscano Via Roma 79 89063 Melito di Porto Salvo (RC) Italy Email: [email protected]

10. Digital Content and Consumer Rights

10.1 Compliance with Digital Content Directive

This Agreement is subject to Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services, as implemented in Italian law by Legislative Decree no. 173 of 2021.

10.2 Updates and Modifications

We may update or modify the Digital Content or Services to: - Improve functionality and performance - Fix bugs or security vulnerabilities - Implement new features - Ensure compliance with legal requirements

Updates will be provided to you as part of the Services. You are responsible for maintaining compatible equipment and internet connection to receive updates.

10.3 Non-Conformity

If the Digital Content or Services do not conform with this Agreement, you have the right to: - Request repair or replacement of the Digital Content or Services - Request a price reduction - Terminate the contract, if the non-conformity is not remedied within a reasonable period

11. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to patents, copyrights, trademarks, trade secrets, and other proprietary rights, are owned by or licensed to Coney. This Agreement does not grant you any rights to any Coney trademarks or service marks.

12. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the term of this Agreement.

13. Customer Responsibilities

13.1 Information Provision

Customer agrees to: 1. Provide Coney with the information required to set up the SaaS Services 2. Provide Coney with information about any bugs, errors, or other issues with the SaaS Services if required by Coney to resolve the issue

13.2 Legal Compliance

Customer shall comply with all applicable local, state, national, and foreign laws in connection with its use of the SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data.

Customer acknowledges that Coney exercises no control over the content of the information transmitted by Customer through the SaaS Services. Customer shall not upload, post, reproduce, or distribute any information, software, or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.

13.3 License to Coney

Subject to the terms and conditions of this SaaS Agreement, Customer shall grant to Coney a limited, non-exclusive, and non-transferable license to copy, store, configure, perform, display, and transmit Customer Content solely as necessary to provide the SaaS Services to Customer.

13.4 Third-Party Integrations

The Service may offer integrations with third-party services (such as Google Drive). By enabling these integrations:

14. Limitations of Liability

14.1 General Limitation

To the maximum extent permitted by applicable law, Coney's aggregate liability arising out of or in connection with this Agreement shall not exceed the amount paid by you in the 12 months preceding the claim, or €100 for Free Tier users.

14.2 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, Coney shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.

14.3 Exclusions Not Permitted

Nothing in this Agreement excludes or limits Coney's liability for: - Death or personal injury caused by Coney's negligence - Fraud or fraudulent misrepresentation - Any matter for which it would be illegal or contrary to public policy to exclude or attempt to exclude liability - Breach of mandatory consumer protection rights under Italian Consumer Code (Codice del Consumo, D.Lgs. 206/2005)

14.4 Force Majeure

Coney shall not be liable for any failure or delay in performing its obligations or Services due to a cause beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.

15. Indemnification

You agree to indemnify and hold harmless Coney, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these terms; or c) Content posted on the Service.

16. Dispute Resolution

16.1 Amicable Resolution

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be settled amicably through negotiation between the parties.

16.2 Consumer Alternative Dispute Resolution

For consumers residing in the European Union, the European Commission provides an online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. Governing Law and Jurisdiction

17.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Italy, specifically including the Italian Consumer Code (Codice del Consumo, Legislative Decree 206/2005) and all applicable European Union regulations and directives.

17.2 Jurisdiction

For consumers resident in Italy, the competent court for any dispute arising from this Agreement shall be the court of the consumer's place of residence or domicile, in accordance with the Italian Consumer Code.

For users not resident in Italy or for business users, any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Reggio Calabria, Italy.

18. Modification of Terms

18.1 Right to Modify

Coney reserves the right to modify these Terms and Conditions at any time.

18.2 Notification of Changes

We will notify customers of material changes to these Terms and Conditions by: - Posting the revised terms on the Application - Sending an email notification to registered customers for significant changes

18.3 Continuing Use Constitutes Acceptance

Your continued use of the Services after the effective date of the revised Terms and Conditions constitutes acceptance of the revised agreement.

19. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20. Waiver

No waiver by either party of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of either party to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

21. Entire Agreement

This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations relating to its subject matter.

22. Data Act Notice

We are actively monitoring the implementation of the EU Data Act (Regulation 2023/2854), which establishes new requirements for data access, sharing, and portability for data processing services. The Data Act's requirements will become applicable from September 2025 through 2027. We will update these Terms and Conditions and our data portability capabilities as implementation deadlines approach.

23. Contact Information

For any questions about this Agreement or the Services, please contact:

Antonio Christian Toscano Via Roma 79 89063 Melito di Porto Salvo (RC) Italy Email: [email protected]

Thank you for reading these Terms and Conditions.

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