The contract between Stepcode SRL and the Customer that purchases a subscription to the Supportfast.ai platform. Governs rights, obligations and liabilities of both parties, with particular attention to responsible use of the software by the Customer.
Integrating documents, substantial part of the Contract:
These General Terms of Service (“General Terms” or “Contract”) govern the terms of use of the Supportfast.ai software and services provided by Stepcode SRL, with registered office at Via Valpolicella 238, 37015 Sant’Ambrogio di Valpolicella (VR), Italy, VAT IT05205700239 (“Stepcode” or “Company”), in Software as a Service (SaaS) mode through the website supportfast.ai, the console app.supportfast.ai and the related sub-domains (collectively, the “Platform”).
To access the Platform and use the services (the “Services”), the customer (the “Customer” and, together with the Company, the “Parties”) must complete the registration procedure, fully accept these General Terms and specifically accept the unfair clauses listed in Section 23.
The documents listed in Annexes A, B, C and D form an integral and substantial part of this Contract. By accepting these General Terms, the Customer declares to have read, understood and agreed to comply with them.
2.1 “Account”: the Customer’s personal space on the Platform, accessible by credentials.
2.2 “Chatbot”: conversational assistant (text or voice) created by the Customer through the Software and distributed on one or more Customer Domains.
2.3 “End Customer”: any natural or legal person interacting with a Chatbot of the Customer.
2.4 “Consumer”: a natural person acting for purposes outside its entrepreneurial, commercial, craft or professional activity, pursuant to Article 3 of Legislative Decree 206/2005 (Italian Consumer Code).
2.5 “Customer Content”: texts, documents, knowledge bases, files, configurations, data and any material uploaded by the Customer to the Platform.
2.6 “Customer Data”: personal data of End Customers processed by the Company on behalf of the Customer, as governed by the DPA.
2.7 “Intellectual Property Rights”: patents, copyrights (including software, source code, algorithms), databases, trade secrets, trademarks, distinctive signs, domain names and any other industrial or intellectual property right, registered or not.
2.8 “Customer Domains”: websites, e-commerce platforms, marketplaces, blogs, landing pages, social profiles, phone numbers and any other digital access point owned or used by the Customer on which to distribute Chatbots.
2.9 “AI Output”: the content generated by the artificial intelligence models integrated in the Chatbots in response to user inputs.
2.10 “Software”: the Supportfast.ai software and its modules (chat, voice/Centralino AI, automations, integrations, white-label).
2.11 “Trial”: the period or extent of free use of the Platform granted to the Customer before the activation of a paid subscription.
3.1 Against payment of the fee provided for in the subscription plan, Stepcode grants the Customer:
3.2 The number of Chatbots, integrations, monthly conversations and other quantitative parameters are defined by the subscribed plan.
3.3 Changes to the Service. Stepcode reserves the right to make changes, updates, technical and functional evolutions to the Software, even without prior notice for non-material changes. Material changes that significantly reduce essential functionalities are communicated with reasonable prior notice; in such case the Customer may withdraw pursuant to Section 7.
3.4 Beta functionalities. Some functionalities may be labelled as “beta”, “preview” or “early access”. They are provided “as-is”, without any guarantee of stability, continuity or data retention, and may be modified or removed at any time without notice. Use is at the Customer’s sole risk.
4.1 To access the Platform, the Customer creates an Account by providing the requested data (name, surname, e-mail, company name where applicable, tax data, etc.), reviews the Privacy Policy and fully accepts this Contract.
4.2 Free trial. Stepcode makes available a free trial period or a free plan with limited functionalities to allow the Customer to test the Service before subscribing to a paid plan. The conditions of the Trial (duration, limits, available functionalities) are indicated on the pricing page and in the console. During the Trial, Stepcode may suspend or modify the Service at any time without any obligation towards the Customer.
4.3 Credentials security. The Customer is solely responsible for the confidentiality of its access credentials. It undertakes not to share them with unauthorised third parties, to use strong passwords, to activate multi-factor authentication (MFA) where available, and to promptly notify Stepcode of any suspected breach of Account security by writing to [email protected].
4.4 The Customer indemnifies Stepcode against any loss, damage or claim arising from the failure to safeguard credentials or to promptly notify unauthorised use.
4.5 Inactive accounts. Trial Accounts inactive for more than 180 consecutive days may be suspended or deleted, upon notification to the registered e-mail address.
5.1 The Contract is concluded upon acceptance of these General Terms and lasts for the period of the activated subscription plan (monthly, annual or other, at the Customer’s choice).
5.2 Automatic renewal. Unless cancelled by the Customer before expiry, the subscription is automatically renewed for successive periods of equivalent duration, with automatic charge of the fee on the registered payment method. The Customer expressly accepts the automatic renewal.
5.3 Cancellation. The Customer may cancel the subscription at any time from the Profile > Billing section of its Account, without prior notice and without penalty. Cancellation takes effect at the end of the current billing cycle; the Account remains active until that date.
5.4 No refunds. The fee already paid for the current period is not refundable, not even on a pro-rata basis, in case of early cancellation. Any legal exceptions for Consumers are governed by Section 21.
5.5 Upon termination of the Contract, the end-of-processing procedure provided by the DPA, Section 14, applies, with a 30-day grace period for data export and subsequent deletion.
6.1 Fees are indicated on the pricing page of the Platform and are net of VAT, which will be shown separately on the invoice in the applicable statutory rate.
6.2 Payment is made through the method registered by the Customer (credit card, SEPA direct debit or other method available in the console), managed through the payment provider Stripe. The Customer guarantees the validity of the payment method and undertakes to keep it up to date.
6.3 Electronic invoicing. For Italian Customers with a VAT number, Stepcode issues electronic invoices to the SDI code or PEC address indicated by the Customer at registration, pursuant to Legislative Decree 127/2015.
6.4 Unpaid amounts, B2B Customers. In case of failure to pay by the due date, default interest applies pursuant to Legislative Decree 231/2002 (ECB rate plus 8 percentage points), automatically accruing from the day following the due date, without the need for formal notice. Stepcode reserves the right to immediately suspend access to the Service, to terminate the Contract and to retain data within the limits provided by the DPA until regularisation.
6.5 Unpaid amounts, Consumers. For Consumer Customers, the legal interest rate under Article 1284 of the Italian Civil Code applies, with formal notice of default as required by law.
6.6 Price update. Stepcode reserves the right to modify prices upon renewal of the subscription, giving the Customer at least 30 days’ prior notice by e-mail and in the console. The Customer that does not accept the new prices may cancel the subscription within the notice period.
7.1 Stepcode reserves the right to amend these General Terms, the annexes and the fees for justified reasons (regulatory developments, technological updates, organisational changes, evolution of the Service, security reasons or reasonable commercial needs).
7.2 Material changes are communicated to the Customer with 30 days’ prior notice by e-mail and through in-console notice.
7.3 The Customer that does not accept the changes may withdraw from the Contract within the notice period. In the absence of withdrawal within the term, the changes are deemed accepted and become binding.
7.4 Purely formal changes (typo corrections, link updates, non-material regulatory adjustments) may be made without prior notice, with update of the version number.
The Customer undertakes to:
The Customer may not:
8.3.1 The Customer is solely responsible for any data, information, multimedia content, knowledge base, file, configuration, system prompt, conversation rules and any other material uploaded to the Platform or transmitted through the Service, both by the Customer itself and by End Customers in conversations with the Chatbots.
8.3.2 The Customer guarantees that it has all rights, authorisations, consents and licences necessary to upload and use such Customer Content, and that it does not infringe third-party rights, applicable laws or public order.
The Customer agrees not to use the Service for the purposes listed below. Violation of this AUP constitutes cause for immediate suspension of the Service and termination of the Contract pursuant to Article 1456 of the Italian Civil Code, without notice and with forfeiture of the fees paid.
9.1 The list is not exhaustive. Stepcode may update the AUP at any time to address new types of abuse, with immediate effect for the protection of the Platform and other Customers.
9.2 Stepcode reserves the right to investigate any suspected abuse, accessing logs and, in limited and documented cases, the Customer Content strictly necessary for the investigation, within the limits provided by the DPA. Investigations may result in precautionary suspension of the Service.
The Customer acknowledges that the distribution of Chatbots on third-party channels entails the acceptance and observance, in addition to this Contract, of the terms of use, policies and commercial policies of the individual providers.
The Customer fully accepts the WhatsApp Business Terms, the Business Messaging Policy and Meta’s Commerce Policy. It is the Customer’s responsibility to:
In the event of suspension or ban of the Customer’s WhatsApp number by Meta, Stepcode is in no way liable and the Contract remains effective until its natural expiry.
The same considerations as Section 10.1 apply, referring to Meta’s policies for Instagram and Messenger.
In particular, the Customer:
The Customer, in case of use of outbound e-mail modules, complies with anti-spam legislation, opt-in/opt-out obligations, authentication (SPF, DKIM, DMARC) and the Sender Policies of destination e-mail providers.
11.1 The Service uses third-party artificial intelligence models (OpenAI and other AI providers indicated in Annex D) to generate conversational responses. The Customer acknowledges and accepts the following.
AI Outputs:
The Customer undertakes to verify AI Outputs before basing relevant decisions on them or transmitting them to End Customers in sensitive contexts. The Customer is solely responsible for the use it makes of AI Outputs and for any direct or indirect consequences arising from their inaccuracy.
11.4.1 The Service is designed as a customer engagement and assistance tool, not as a high-risk AI system within the meaning of Regulation (EU) 2024/1689 (“AI Act”). The Customer, in its role as deployer, undertakes not to use the Service:
11.4.2 Should the Customer intend to use the Service for purposes that would qualify it as a high-risk AI system, it undertakes to give prior notice to Stepcode and to sign a specific addendum.
Pursuant to Articles 50 and following of the AI Act, the Customer is responsible for informing end users, clearly and promptly, that they are interacting with an artificial intelligence system and not with a human operator. Stepcode makes available technical mechanisms (initial disclaimer, AI labels) that the Customer is required to activate and configure.
11.6.1 The Customer may configure its Chatbots using an API key in its own name towards an artificial intelligence model provider (for example, an OpenAI key from the Customer’s own corporate account). In this mode, conversational data flows directly from the Stepcode system to the AI provider using the Customer’s credentials.
11.6.2 In BYOK mode, the contractual relationship for the processing carried out by the AI provider is directly between the Customer and the provider: the AI provider does not qualify as a sub-processor of Stepcode for that specific processing, as detailed in the DPA, Section 8.7. The Customer is directly responsible for verifying the terms of service, privacy notice and Article 28 GDPR agreement of the chosen AI provider, as well as the legal basis for the extra-EU transfer of data.
11.6.3 The Customer indemnifies Stepcode against any claim, sanction or damage arising from the processing carried out by the AI provider used in BYOK mode, including data breaches of the provider, unilateral changes to its terms, suspension of the API key or variations in the availability of the provider’s service.
12.1 Stepcode IP. Stepcode remains the sole and exclusive owner of all Intellectual Property Rights relating to the Platform, the Software, the source code, the algorithms, the trademarks, the distinctive signs, the documentation and any customisation or technical evolution carried out, even at the Customer’s request, within the Service.
12.2 The Contract grants the Customer solely the licence of use referred to in Section 3.1, letter a, without any transfer of ownership.
12.3 Customer IP. The Customer remains the owner of its own Content uploaded to the Platform (knowledge bases, system prompts, files, documents, configurations). It grants Stepcode a non-exclusive, free, time-limited (to the duration of the Contract) licence to use such Content exclusively to provide the Service.
12.4 The Customer warrants that it has all rights necessary on the uploaded Content and indemnifies Stepcode against any third-party claim for infringement of Intellectual Property Rights arising from the Customer Content.
12.5 No provision of this Contract entails the transfer, assignment or licence of Intellectual Property Rights beyond what is expressly provided.
Within the limits allowed by applicable law and by the terms of the AI model providers, the Customer is considered owner of the AI Outputs generated by its own Chatbots in response to End Customer inputs, subject to:
The Customer is solely responsible for the use it makes of the AI Outputs generated by its own Chatbots, including transmission to End Customers, publication, advertising, use in operational decisions. Section 11 fully applies.
The suggestions, comments, ideas, criticisms, bug reports and improvement proposals (“Feedback”) that the Customer communicates to Stepcode are provided on a voluntary and non-confidential basis. The Customer grants Stepcode a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, modify and incorporate the Feedback into the Software and the Services, without obligation of attribution, remuneration or confidentiality.
Consistently with the DPA, Stepcode does not use Customer Content or Customer Data to train artificial intelligence models. It may use aggregated and anonymised data for statistical and security purposes, as detailed in the DPA, Section 7.
14.1 The Customer warrants, under its sole responsibility:
14.2 Stepcode acts as Processor according to the Customer’s instructions, in compliance with the DPA.
14.3 The Customer indemnifies Stepcode against any claim, sanction, damage, cost arising from the failure to comply with its own obligations as Controller, including: absence of legal basis, omitted notice, failure to respond to requests of data subjects, processing of Special Categories of Data without a suitable basis.
Stepcode may immediately suspend the Service, in whole or in part, in case of:
During suspension, Customer Data is retained within the limits of the DPA and access may be restored upon cessation of the cause of suspension and any required regularisation.
Pursuant to Article 1456 of the Italian Civil Code, Stepcode has the right to terminate the Contract by operation of law, with immediate effect and by simple written communication, in case of breach by the Customer of the clauses considered essential, including by way of example and not limitation Sections 3 (Licence), 4.3 (Credentials security), 6 (Payments), 8 (Customer obligations), 9 (AUP), 12 (Intellectual property), 14 (GDPR compliance).
The right of each Party to act for termination of the Contract pursuant to Articles 1453 and 1454 of the Italian Civil Code and to claim damages remains unaffected.
Upon termination of the Contract for any cause: (i) the Customer’s right to use the Service ceases; (ii) the end-of-processing procedure provided by the DPA, Section 14 (30-day grace period plus subsequent deletion) applies; (iii) the fees accrued up to the date of termination remain payable, without right to refunds.
The following Sections survive the termination of the Contract, for the time strictly necessary to their function: 12 (IP), 13.3 (Feedback licence), 14.3 (GDPR indemnification), 16 (Limitation of liability), 17 (Indemnification), 19 (Confidentiality), 22 (Governing law and jurisdiction), and any other clause that by its nature must survive.
16.1 “As-is” service. The Service is provided “as-is” and “as-available”, without express or implied warranties beyond those mandatorily set by law. Stepcode does not guarantee that the Service will be uninterrupted, error-free, 100% secure, suitable for a particular purpose of the Customer, or will produce specific results.
16.2 Best effort. Stepcode operates with professional diligence to guarantee continuity and quality of the Service, but does not offer a contractual uptime SLA. Any periods of unavailability do not entitle to refunds, credits or compensation, save as mandatorily provided by law.
16.3 Liability cap. Within the limits allowed by law, Stepcode’s overall liability towards the Customer for any cause arising from or connected to this Contract may not exceed the amount of fees actually paid by the Customer in the 12 months preceding the event giving rise to the claim.
16.4 Exclusion of indirect damages. In no case shall Stepcode be liable, within the limits allowed by law, for:
16.5 The limitations of liability do not apply in case of wilful misconduct or gross negligence of Stepcode, death or personal injury, or within the limits in which the applicable law does not allow their exclusion. For Consumers, the mandatory protection provisions of the Italian Consumer Code remain unaffected (Section 21).
17.1 The Customer undertakes to hold Stepcode, its directors, employees, collaborators and suppliers harmless and to indemnify them from any claim, action, cost, expense (including reasonable legal and defence costs), damage, sanction, compensation, arising from or connected to:
17.2 Stepcode notifies the Customer, without undue delay, of the claims covered by this indemnification and cooperates reasonably with the Customer in their management. Stepcode reserves the right to manage its own defence autonomously, with costs to be reimbursed by the Customer.
17.3 The indemnification survives the termination of the Contract.
18.1 Neither Party is liable for failure to perform its obligations arising from force majeure events, understood as unforeseeable circumstances beyond the Party’s control (by way of example: war, acts of terrorism, natural disasters, pandemics, national strikes, acts of Authorities, significant interruptions of network and essential telecommunications or energy services, prolonged unavailability of essential suppliers such as OpenAI, Meta, Hetzner, AWS).
18.2 The Party affected promptly informs the other Party and adopts reasonable measures to limit the impact. In case of force majeure lasting more than 90 days, either Party may withdraw from the Contract without obligation of indemnification, with adjustment of the fees accrued on a pro-rata basis up to the date of the event.
19.1 Each Party undertakes to keep confidential the confidential information of the other Party received in the context of the Contract, not to use it for purposes other than the performance of the Contract itself and not to disclose it to third parties without prior written authorisation.
19.2 Confidential information includes, by way of example: product roadmaps, commercial and financial information, technical configurations, system prompts, End Customer data, know-how, strategic data.
19.3 The confidentiality obligation does not extend to information: (i) already in the public domain without fault of the receiving Party, (ii) known to the receiving Party before disclosure, (iii) legitimately received from third parties not bound by confidentiality, (iv) developed independently, (v) the disclosure of which is required by law or by competent Authority.
19.4 The confidentiality obligation survives the termination of the Contract for a period of 5 years.
20.1 The Service relies on third-party services and technologies (by way of example: OpenAI, Meta WhatsApp Business, Hetzner, AWS, Stripe, Cloudflare; complete list in Annex D). The functioning of the Service depends on the availability and operating conditions of such services.
20.2 Stepcode is not liable for interruptions, malfunctions, changes or discontinuations of third-party services, nor for any price changes made by underlying providers. Stepcode reasonably undertakes to mitigate the impact of such events on the Service.
20.3 Change of underlying providers. Stepcode reserves the right to replace third-party providers (including the AI model used) for technical, cost, quality or compliance reasons, providing information through the sub-processors page and with reasonable prior notice for material changes.
This Section applies exclusively to Consumer Customers within the meaning of Section 2.4. In case of conflict between this Section and the other clauses, for Consumers only the provisions set out here and the mandatory rules of the Italian Consumer Code prevail.
21.1.1 Pursuant to Articles 52 and following of the Italian Consumer Code, the Consumer has the right to withdraw from the Contract within 14 days of signing, without having to provide a reason and without penalty, by writing to [email protected] or using the withdrawal form available in the console.
21.1.2 Important exception: express waiver of withdrawal. Pursuant to Article 59(1)(o) of the Italian Consumer Code, in case of supply of digital content through a non-material medium (as Supportfast.ai), the Consumer loses the right of withdrawal if: (i) it has expressly consented to the start of the Service before the lapse of 14 days; and (ii) it has acknowledged that it loses, as a consequence, the right of withdrawal.
Upon activation of a paid subscription during or immediately after the free Trial, the Consumer will be asked to expressly consent to the immediate start of the Service and to accept the consequent loss of the right of withdrawal, by ticking a specific box. Such acceptance is a condition for the immediate activation of the subscription: failing it, activation is postponed to the fifteenth day following payment.
21.1.3 If withdrawal is validly exercised within the time limits and before the waiver under point 21.1.2, Stepcode will refund the Consumer the amounts paid within 14 days, by the same payment method used.
Pursuant to Article 33 of the Italian Consumer Code, the competent jurisdiction for disputes between Stepcode and the Consumer is exclusively the place of residence or elected domicile of the Consumer, by way of derogation from Section 22.
The unfair clauses pursuant to Articles 33 and following of the Italian Consumer Code, insofar as applicable to Consumers, are subject to the statutory unfairness assessment and, if deemed unfair, are unenforceable against the Consumer.
The Consumer may resort to the European online dispute resolution platform at ec.europa.eu/consumers/odr, pursuant to Regulation (EU) 524/2013.
22.1 This Contract is governed by Italian law.
22.2 For disputes with Customers acting in the context of their professional or entrepreneurial activity (B2B), the competent jurisdiction is, exclusively and mandatorily, the Court of Verona.
22.3 For Consumers, the rules of Section 21.2 apply.
Pursuant to and for the effects of Articles 1341 and 1342 of the Italian Civil Code, the Customer acting in the context of professional or entrepreneurial activity declares to specifically approve, by separate acceptance at registration, the following clauses:
Specific acceptance of the unfair clauses is required through a second separate tick-box at registration, distinct from the general acceptance box of the Contract. The dual acceptance is recorded electronically with identification of the account, date, time, IP address and version of the Contract accepted.
24.1 Communications. Communications from Stepcode to the Customer are made to the e-mail address registered in the Account, through in-console notice or by PEC where applicable. Communications from the Customer to Stepcode are addressed to [email protected].
24.2 Assignment of the Contract. The Customer may not assign this Contract or individual positions without Stepcode’s prior written consent. Stepcode may assign the Contract, in whole or in part, in case of extraordinary corporate operations (merger, acquisition, transfer of business branch), with reasonable notice to the Customer.
24.3 Severability. Any invalidity or ineffectiveness of a single clause does not entail the invalidity of the Contract as a whole; the Parties shall negotiate in good faith a substitute clause reflecting the original intent.
24.4 Waiver. The failure to exercise a right by Stepcode does not constitute a waiver of the right itself.
24.5 No partnership. This Contract does not constitute a relationship of partnership, association, agency, joint venture, representation or employment between the Parties. The Parties are and remain independent.
24.6 White-label programme. For Customers joining the Supportfast white-label programme (resale to own customers as a branded service), a specific addendum signed separately applies, supplementing these General Terms for the resale part only.
24.7 Language. This Contract is drafted in Italian. Any translations into other languages are provided for convenience; in case of interpretive conflict, the Italian version prevails.
24.8 Electronic acceptance. The Customer accepts this Contract by ticking the appropriate boxes at registration and at subscription activation. The date and time of acceptance, the IP, the user-agent, the version of the Contract accepted and the separate ticking of the unfair clauses are recorded electronically in the Stepcode systems with evidentiary value.