Terms of Service

Last updated: 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of AskAgain (the "Service"), operated by Massimiliano Bertinetti, a registered sole proprietor (libero professionista) in Italy, VAT / Tax ID: IT12679810015, with registered office at Via Vittorio Amedeo II 21 Torino Italy. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

AskAgain is a software-as-a-service platform that helps small businesses send polite email reminders to customers to collect online reviews. The Service includes email delivery, analytics, and customer management tools.

3. User Accounts

3.1 Account Creation

To use the Service you must create an account and provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3.2 Account Responsibilities

You must notify us immediately of any unauthorized use of your account. We are not liable for losses arising from unauthorized use of your account unless such losses are caused by our gross negligence or willful misconduct.

4. Acceptable Use Policy

4.1 Permitted Use

You may use AskAgain only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You agree not to use the Service to:

• Send spam, unsolicited communications, or unlawful content
• Harass, abuse, or harm others
• Violate privacy rights or other applicable laws
• Impersonate any person or entity
• Interfere with or disrupt the integrity or performance of the Service

4.2 Email Compliance

You are solely responsible for ensuring that all emails you send through AskAgain comply with applicable laws and regulations, including but not limited to the CAN-SPAM Act, the ePrivacy rules, and the EU General Data Protection Regulation (GDPR). You must obtain any required consents from recipients before sending marketing emails.

5. Customer Data and GDPR

5.1 Data Ownership

You retain ownership of all customer data you upload to the Service. We act solely as a data processor with respect to customer data processed on your behalf.

5.2 Data Usage and Compliance

Customer data is used only to provide the email reminder service you request. We do not use customer data for our own marketing purposes. We process data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Italian privacy laws. Further details are in our Privacy Policy.

5.3 Data Deletion

Customer data is automatically deleted 30 days after your last use of the Service unless you maintain an active subscription or request continued retention. You can export your data prior to deletion.

6. Payment Terms

6.1 Billing

Service fees, if applicable, are billed in advance based on your chosen plan or usage. Payment is due according to the applicable invoice or payment terms.

6.2 Price Changes

We may change pricing with at least 30 days' notice. Price changes will not affect fees you have already paid for an active billing period.

6.3 Refunds

Refunds may be granted at our discretion. Except as required by applicable consumer protection laws, we generally do not provide refunds for unused service periods.

7. Service Availability

7.1 Uptime

We strive for high availability (target: 99.5% uptime) but do not guarantee uninterrupted service. We will communicate scheduled maintenance in advance when practicable.

7.2 Service Changes

We may modify, suspend, or discontinue features of the Service with reasonable notice. Critical changes that materially affect the Service will be communicated via email.

8. Intellectual Property

8.1 Our IP

All intellectual property rights in AskAgain and its content are and will remain the exclusive property of AskAgain or its licensors. You must not copy, distribute, modify, create derivative works of, or reverse engineer the Service except as expressly permitted by us.

8.2 Your IP

You retain ownership of your content and customer data. By uploading content or data to the Service you grant us a limited, worldwide, royalty-free license to use, reproduce, and process that content solely to provide and improve the Service.

9. Termination

9.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Outstanding charges for services already rendered remain payable.

9.2 Termination by Us

We may suspend or terminate your access to the Service for breach of these Terms or for reasons of security, legal compliance, or misuse. We will notify you of termination and, where appropriate, provide a reason.

9.3 Effect of Termination

On termination your access to the Service will end. We will delete your data within 30 days unless required by law to retain it or unless you request export/retention.

10. Disclaimers

10.1 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, to the extent permitted by applicable law.

10.2 Email Delivery

While we strive for high deliverability, we cannot guarantee delivery of emails to all recipients due to factors outside our control (recipient server policies, spam filters, recipient settings, etc.).

11. Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or related to these Terms or the Service will not exceed the amount you have paid to us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless AskAgain and its officers, agents, and employees from and against any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and AskAgain regarding the Service and supersede all prior agreements and understandings.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of Italy. Any dispute, controversy or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Torino, Italy.

15. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email or via the Service prior to the change taking effect. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. Contact Information

For questions about these Terms, legal concerns, or GDPR-related matters, contact us at:

• Legal & Privacy Email: legal@askagain.app (or privacy@askagain.app)
• Registered Office: Via Vittorio Amedeo II 21, Torino, Italy
• VAT / Tax ID: IT12679810015

If you are a consumer, some jurisdictions may provide you with consumer protection rights that cannot be waived or limited by contract. Nothing in these Terms is intended to limit such rights where they apply.