Terms and Conditions of Service

• a) SKADO (the “Provider”), headed by Mr. Angelo Cassano, born in Bari on 09/08/1994 and resident in Bari, VAT No. 08706260729, is the original issuer of the Application, as well as the owner and operator of the Platform (the “Operator”). References to “we” or “us” in this document are references to the Provider and/or the Operator, as the case may be, while references to “you” and “your” are references to users of the Platform who have accepted these Terms. We make the Application and all technologies and functions included therein available to the Customer, provided that the Customer accepts these General Terms and all terms and conditions incorporated herein by reference (collectively, the “Terms”) and all additional terms and conditions that apply specifically to the Platform itself.
• b) Any changes to these Terms will apply from the “Last Updated Date” indicated at the bottom of this page. Continued use of the Platform after the “Last Updated Date” will constitute acceptance of and consent to such changes.
• c) By using the Platform, the Customer declares that they have the age and all legally required characteristics to enter into these Terms and that they accept and are bound by these Terms, which govern all the conditions of use of the Platform by the Customer, unless a separate written agreement has been entered into between the parties for this purpose.
• d) In light of the above, the Customer may not use the Platform if: (i) they do not accept these Terms; (ii) they are prohibited from accessing or using the Platform or any content, product, or service of the Platform under Italian law, the law in force in their jurisdiction of residence and/or under any applicable EU and/or international regulations; (iii) they are under 18 (eighteen) years of age.

1. Scope of Application

This service (“Service”) is offered worldwide by SKADO and is addressed solely to natural person users (“Customer(s)” or “Users”).

2. Subject Matter of the Agreement

SKADO is an App created with the aim of reducing food waste by offering the following features:

• Entry of products purchased by the User into a private dashboard, with the possibility to enter the product name, its category (food, pharmaceutical, etc.), its expiry date and the place where it is stored.
• Related viewing and consultation at any time, with filtering of various products by category (Fruit, Vegetables, Meat, Fish, Dairy, Beverages, Medicines, Prepared Food, Other) and status (Fresh, Expiring, Critical, Expired, No Expiry).
• Sending of customisable prenotifications.
• Sending of notifications to signal the imminent expiry of the entered products and sending nonintrusive engagement messages.
• History of notifications received.
• Skado AI (integration with Gemini), which will be available for Pro and Family profiles and will also enable the following functionalities:
• Management (entry, modification, etc.) of products via voice commands.
• Management (entry, modification, etc.) of products via chat.
• Calendar: showing the days on which at least one product is about to expire.
• Product history, which will allow Users to understand and quantify how many products have been “wasted” (thrown away as expired) and how many, instead, have been consumed.
• Product entry in socalled “template” mode (in particular, under the socalled “Free” Plan it will be possible to register up to a maximum of 7 templates, while the possibility to create an unlimited number of templates will be available only for the Pro and Family plans). This will allow users to create metamodels of products in order to simplify and speed up the recurring entry of items. Each template may include predefined information such as category, storage location, expiry date and reminders, allowing a product to be added to the catalogue starting from its name. Users can create, edit, view and delete their templates to optimise cataloguing activities.
• Alexa integration: via the user ID provided by Amazon, SKADO can connect the app to the User’s Amazon account and will store this data on its servers in order to communicate securely with Amazon’s services.
• Receipt scanning: via mistral.ai’s AIOCR scanner, the User’s receipt photo is converted into text and then sent to Gemini, which transforms it into a product list integrated with the SKADO App.
• Subscription management through the App Store/Google Play Store and RevenueCat.
• Ability to change the theme (light/dark/system).
• Ability to change the language (IT/EN); consult information relating to the app, change the password and delete the account.
• Data retention according to the policies detailed in the Privacy Policy.

Unless otherwise specified, the above features are available under the Free plan.

3. Provision of the Service and Disclaimer of Liability

3.1 Conclusion of the Agreement and Technical Steps

Before completing registration and activating their account, the User receives a summary of the technical steps necessary to conclude the agreement and activate SKADO services. These Terms are always available for consultation, download and printing within the Platform. The languages available for entering into the agreement are Italian and English.

Registration and activation of the Service are free of charge and do not involve any payment obligation. By ticking the box “I have read and accept SKADO’s terms and conditions”, the Customer confirms that they have read, understood and accepted these Terms and Conditions, which can be stored and reproduced in accordance with applicable law.

3.2 Provision of the Service

Through the SKADO platform, the User can manage and monitor purchased products in a simple, digital way with the aim of reducing food waste. In particular, the User can:

• Manually enter into their personal area the products they wish to monitor, indicating the name, category (such as food, pharmaceutical, etc.), expiry date and storage location.
• View the list of entered products at any time, filtering them by category (Fruit, Vegetables, Meat, Fish, Dairy, Beverages, Medicines, Prepared Food, Other) and by status (Fresh, Expiring, Critical, Expired, No Expiry) for more efficient and targeted management.
• Receive customisable prenotifications and automatic notifications warning of the imminent expiry of products, thereby helping to plan their consumption and reduce waste.
• Consult the notification history directly on the platform.
• Access support functions such as Skado AI (integration in progress and not included in the Free plan), which will allow products to be entered and modified through voice commands or chat.
• View a calendar showing the days on which at least one product is close to expiry.
• Consult a detailed history of consumed and expired products, useful for understanding one’s purchasing and consumption behaviour.
• Customise the user experience by changing the interface theme (light/dark/system), language (Italian/English), account information and password.
• Delete the account at any time through the dedicated function.

The Provider of the SKADO platform undertakes to ensure continuity and quality of the service within the limits of its technical and organisational capabilities, within the limits and in the manner described below.

3.3 Cookies and Marketing

Any future use of profiling cookies and the sending of promotional or informational communications are subject to the User’s explicit consent (“optin”), which may always be withdrawn through the account settings or the dedicated consentmanagement tool. No promotional communications will ever be sent and no profiling cookies will be installed without the User’s prior and specific consent.

4. Processing of Personal Data

The Provider, as data controller, will process any personal data of Users collected through its app exclusively for the provision of the service.

At the Customer’s express request, sent to the email address indicated below to exercise their right to be forgotten, their data will be deleted and thus no longer accessible, not even on the Customer’s profile, within 48 hours of receipt, except in the event of impossibility due solely to technical reasons or force majeure. The only information that will be retained, for internal statistical purposes and for future processing, will be the products entered by the Customer, but dissociated from the Customer’s data and collected in such a way that it will not be possible in any way to trace the identity of the Customer who entered them, nor any other data of theirs relevant under personal data protection law.

Information on data processing, on data subject rights and on how to exercise them will be detailed in the privacy notice published in the dedicated section of the App.

The Customer undertakes to inform end consumers of the existence of this procedure, inviting them to consult the aforementioned information notice.

SKADO adopts appropriate technical and organisational measures to ensure the security of personal data processed, including encryption, segregation of roles, access management, data minimisation policies, staff training and security procedures that are periodically updated. In the event of a personal data breach (data breach), SKADO will notify the event without undue delay to the Data Protection Authority within 72 hours of discovery and, where required, to the data subjects concerned, unless the risk to users’ rights and freedoms is unlikely. All data are processed and retained for the time strictly necessary to provide the service and in any event in accordance with applicable law.

5. Fees, Free Service and Possibility of Changes

Currently, the Service is provided free of charge (Free Plan).

The Provider reserves the right in the future to introduce the possibility to switch to paid plans (Pro / Family), which allow the use of additional features in return for payment of a fee. The Customer may then select a paid profile by changing their current free profile.

The plans will have the following differing functionalities:

Inapp purchases and subscriptions are managed via the App Store/Google Play Store, with RevenueCat as technical intermediary.

In the event of a profile ban under the enforcement procedure set out in section 6 below, any refunds of amounts paid will follow the general rules and conditions of Apple or Google.

In particular, depending on the type of subscription, the following rules will apply to Google Play users who activate Pro and For Families subscriptions:

a. Monthly:

• Once activated, the subscription will automatically renew every month.
• The grace period during which it will be possible to use the subscription in case of payment issues will be 7 days.
• If there is a problem with payment on renewal, after the grace period has elapsed the account will be suspended (Account Suspension Period) after 30 days.
• In the event of an offer change and base plan change by customers, an immediate charge will be applied (“Charge immediately”), so the new plan will be charged immediately and customers will still be able to benefit from the remaining time of the old plan. The new plan will be charged at the end of the current billing period.
• Users are allowed to resubscribe from the Play Store after cancelling or after their subscription has expired (“Resubscribe”).
• A trial period will be provided for new customers (customer eligibility is assessed by Google Play) provided that users have never previously used the Pro – Monthly subscription. The trial period will last 14 days.

b. Annual:

• Once activated, the subscription will automatically renew every year.
• The grace period during which it will be possible to use the subscription in case of payment issues will be 14 days.
• If there is a problem with payment on renewal, after the grace period has elapsed the account will be suspended (Account Suspension Period) after 30 days.
• In the event of an offer change and base plan change by customers, an immediate charge will be applied (“Charge immediately”), so the new plan will be charged immediately and customers will still be able to benefit from the remaining time of the old plan. The new plan will be charged at the end of the current billing period.
• Users are allowed to resubscribe from the Play Store after cancelling or after their subscription has expired (“Resubscribe”).

Prices for subscriptions for Google Play users are available at the following link: https://skado.app/pricing.

Upgrades or Downgrades Between Plans

It will be possible to perform plan upgrades or downgrades, which will take effect immediately and will maintain the same billing period as the initial subscription. The possibility to perform upgrades or downgrades between plans may be used without limitation.

Google Play will in any case reserve the right to assess eligibility for access to this feature.

For Apple Store users who activate Pro and For Families subscriptions:

Billing grace period: a 3day grace period will be provided, during which subscribers can maintain access to the app’s paid content even after the subscription has expired due to a billing issue. This period will apply only to subscribers who have signed up for and are currently benefiting from a subscription.

Prices for subscriptions for Apple Store users are available at the following link: https://skado.app/pricing.

6. Customer Rights and Obligations

The Customer undertakes to:

• use the Service solely for purposes that comply with these Terms and in accordance with applicable laws;
• not use the Service for unlawful, abusive or publicorderoffending purposes;
• hold the Provider harmless from any liability arising from improper or noncompliant use by the Customer;
• not share their profile, which the User acknowledges as personal and nonshareable, except as may be provided for Paid Plans and in the manner set out in these Terms.

7. Liability and Limitations

The Provider undertakes to ensure continuity and quality of the Service within the limits of its technical and organisational capabilities.

The Customer acknowledges that the Service is provided “as is” and, given its intrinsic simplicity, without any guarantee of minimum levels of operation or continuity, and that no specific Service Level Agreements (SLAs) are provided. Except in cases of wilful misconduct or gross negligence, the Provider is therefore not liable for any interruptions, suspensions, errors or malfunctions of the Service.

The Customer agrees that the Provider may modify or update the platform at any time, including without notice, unless otherwise provided in these Terms.

8. Further Limitations of Liability

EXCEPT FOR LIABILITY ARISING FROM WILFUL MISCONDUCT OR GROSS NEGLIGENCE, THE CUSTOMER UNDERSTANDS AND AGREES THAT WE WILL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES (OF ANY KIND, WITH THE EXCEPTION OF PERSONAL INJURY ATTRIBUTABLE TO US) THAT THE CUSTOMER MAY INCUR, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, AND UNDER ANY TYPE OF LIABILITY, INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION IN VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CUSTOMER AGREES THAT OUR AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) ANY PART OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL, CRIMINAL AND/OR ADMINISTRATIVE LIABILITY, IS LIMITED TO ANY AMOUNTS ACTUALLY AND LAWFULLY PAID BY THE CUSTOMER UNDER THESE TERMS.

THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PLATFORM HAS BEEN MADE AVAILABLE TO THE CUSTOMER AND THAT THE CUSTOMER HAS ENTERED INTO THESE TERMS IN RELIANCE ON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND THE CUSTOMER AND FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN US AND THE CUSTOMER. WITHOUT THESE LIMITATIONS, WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO THE CUSTOMER.

9. Hold Harmless and Indemnification

The Customer agrees to hold us harmless and indemnify us and our officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (direct or indirect, actual and consequential) of any kind or nature, cause of action, judgment, litigation costs and legal fees arising out of or in any way related to: (i) the Customer’s breach of these Terms; (ii) the Customer’s misuse of the Platform; or (iii) breach of applicable laws, rules or regulations in connection with the Customer’s access to or use of the Platform. The Customer agrees that we will have control of the defence or settlement of any such claim.

10. External Sites

The Platform relies on integration and interaction with several thirdparty providers and services, which are necessary for the proper functioning of its main and ancillary features.

Such services include, by way of example and without limitation:

• Apple Inapp Purchases (inapp purchases via RevenueCat)
• Apple Push Notification Service (sending notifications on iOS via FCM)
• Firebase Cloud Messaging (FCM, intermediary for sending notifications)
• Firebase Crashlytics (app performance/telemetry)
• Firebase Remote Config (feature flags and enabling/disabling functionalities)
• Gemini API (text and voice chatbot)
• Google Analytics (clientside telemetry)
• Google Inapp Purchases (inapp purchases via RevenueCat)
• New Relic (backend performance/telemetry)
• RevenueCat (intermediary for inapp purchases)
• Sign in with Apple (thirdparty login tools on iOS)
• Sign in with Google (thirdparty login tools on Android/iOS)
• Simple Analytics (GDPRcompliant, cookieless website analytics)
• Speech recognition with Apple (texttospeech and speechtotext for voice/text)
• Speech recognition with Google (texttospeech and speechtotext for voice/text)

Using the Platform entails the transmission of the data necessary for the operation of the above services to the respective providers, as described in the Privacy Policy and the published technical documents.

SKADO does not control and is not liable for the functioning and availability of the abovementioned thirdparty services, nor for any changes, suspensions, limitations, interruptions or contractual conditions imposed by such providers, and SKADO’s liability remains limited to the provision of the Platform’s own services.

The User acknowledges that integration with external providers is essential for the proper functioning of the Platform and accepts that any unavailability, modification or cessation of such services may affect the user experience, without this giving rise to direct liability on the part of SKADO.

11. Force Majeure

(i) Force majeure events. We shall not be liable to the Customer, nor shall we be deemed to be in breach of these Terms, for any failure or delay in performing or fulfilling any of these Terms, where and to the extent that such failure or delay is caused by or results from force majeure events (“Force Majeure Event(s)”), such as: (a) floods, fires, earthquakes, epidemics, pandemics, including the 2019 coronavirus pandemic (COVID19) or other similar events or their evolution, tsunamis, explosions; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil disturbances; (c) government order, law or action; (d) embargoes or blockades in effect on the date hereof or thereafter; (e) strikes, work stoppages or slowdowns or other industrial disturbances; (f) lack of adequate or suitable internet connectivity, telecommunications failures or lack of adequate power or electricity; and (g) other similar events beyond our control.

(ii) Performance during force majeure events. In the event of a Force Majeure Event, we will make reasonable efforts to promptly notify the Force Majeure Event, indicating, where possible, the reasonably expected duration of the event. We will use diligent efforts to remedy the failure or delay and to ensure that the effects of such Force Majeure Event are minimised, and we will endeavour to restore the operation of the Platform as soon as reasonably possible.

12. Changes to the Platform

The Platform is constantly being improved to offer the best possible experience. The Customer acknowledges and agrees that the form and nature of the Platform, and of any part thereof, may change from time to time, and that we may add new features and modify any part of the Platform at any time.

13. Term, Withdrawal and Termination

The agreement has an indefinite duration.

The Customer may exercise the right to withdraw from the Service at any time, without giving any reason.

To exercise the right of withdrawal, the Customer may use the account deletion function or send a notice to the contacts indicated at the end of these Terms.

It is understood that, with regard to paid plans, the methods of withdrawal, any refund and any other financial aspects will be those provided by each of the Platforms (Google Play or iOS) on which the App can be found.

The Provider may terminate the agreement with immediate effect in the event of a breach of these Terms or unlawful use of the service.

14. Changes to the Terms and Conditions

The Provider reserves the right to amend these Terms and Conditions at any time, giving written notice to the Customer at least 15 days in advance. Continued use of the Service after such notice constitutes acceptance of the changes.

Failure by the Customer to expressly accept the changes, to be notified in writing, will result in termination of the agreement between the parties and the immediate cessation of the Customer’s ability to use the App.

15. Jurisdiction and Applicable Law

This agreement is governed by Italian law.

For any dispute, the exclusive jurisdiction shall lie with the Court of Vercelli, without prejudice to any mandatory statutory provisions to the contrary.

16. Miscellaneous

• (i) Entire agreement. These Terms and our Privacy Policy constitute the entire legal agreement between the Customer and us and will be deemed to be the final and integrated agreement between the Customer and us, and govern the Customer’s access to and use of the Platform, and completely supersede any prior or contemporaneous agreement between the Customer and us relating to access to or use of the Platform, whether oral or written.
• (ii) Some of the Products we offer may also be subject to additional terms. If you use any such Products, you will be given the opportunity to accept the additional terms, which will become part of your agreement with us. In the event of a conflict between these Terms and any additional terms, the latter shall apply to the extent of the conflict only.
• (iii) Severability. If any part of these Terms is found to be unenforceable, the unenforceable part will be deemed modified to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable, it will be deemed excluded and the remainder of these Terms will remain valid and in full force and effect.
• (iv) No waiver. Failure to enforce any part of these Terms in any way shall not constitute a waiver. Failure or delay in exercising or enforcing a right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of that right or provision. A waiver of a right or provision of these Terms will be effective only if made in writing and signed on our behalf by a duly authorised representative. Any amendment or waiver of these Terms must be made in writing and signed by the natural or legal person providing the SKADO service.
• (v) Assignment. The Customer may not assign any of their rights or obligations under these Terms, nor may they assign these Terms, whether by operation of law or otherwise, without our prior written consent. The Customer hereby consents to the assignment of these Terms and/or our rights and obligations under these Terms to third parties, including in the event of corporate transactions involving the succession to the contract, such as, by way of example, sale, contribution, usufruct or lease of a business or business unit, merger, demerger.
• (vi) These Terms do not grant any rights to thirdparty beneficiaries.
• (vii) In some circumstances, we may need to change an account’s username.
• (viii) We always appreciate the Customer’s feedback and suggestions regarding our products and services. However, we may use such feedback and suggestions without limitation or obligation to remunerate the Customer and have no obligation to keep them confidential.
• (ix) Notices. We may provide the Customer with any notices (including, by way of example, those relating to changes to these Terms) by posting them on the Platform. By providing us with your email address, you consent to the use of that address for sending any notices.
• (x) Continued use of the Platform by the Customer after any changes to the Terms constitutes the Customer’s consent to such change and acceptance of the amended Terms. If we change, amend, modify, alter or supplement these Terms, we will post and communicate the amended version of the Terms reflecting such amendment. The amended Terms will be effective from the date of publication on our website or from another date indicated in the amended Terms. If the Customer does not accept the Terms in force at the time of accessing or using the Platform, they must stop using the Platform.

17. Contacts

The Customer may contact us at the following email address: info@skado.app or according to the instructions at https://skado.app/.