These Terms and Conditions govern the use of the DealCoach service operated by Exito S.r.l. ("Provider", "we", "us"). By accessing or using the Service, you agree to be bound by these Terms.
DealCoach is an AI-powered negotiation preparation tool. The Service is provided strictly on an "as is" and "as available" basis. The Provider makes no representations or warranties of any kind, express or implied, regarding the Service, including but not limited to warranties of accuracy, reliability, completeness, fitness for a particular purpose, or suitability for achieving specific business outcomes. Use of the Service is entirely at your own risk.
The Service is primarily intended for professional and business use. Users acting in a professional or commercial capacity expressly waive any consumer protection provisions that are not mandatory under applicable law. Where the user is a consumer (a natural person acting outside their trade, business, craft, or profession), the mandatory consumer protection rules of the applicable jurisdiction shall apply exclusively to the extent required by law.
The user is solely and exclusively responsible for:
Users must not input into the Service: (a) data that is unlawful, harmful, or in violation of any applicable law; (b) sensitive personal data of third parties unless duly authorized by applicable data protection law; (c) confidential information of third parties without a valid legal basis for processing such information.
IMPORTANT: DealCoach uses artificial intelligence to generate outputs. AI-generated content may be inaccurate, incomplete, outdated, or misleading. The Service does not constitute and shall not be construed as professional, financial, legal, tax, or investment advice of any kind. The Provider does not warrant the accuracy or fitness of any AI-generated output for any purpose. All decisions, actions, and outcomes arising from the use of the Service are the user's sole and exclusive responsibility. Users should independently verify all outputs before acting on them.
To the maximum extent permitted by applicable law, Exito S.r.l. and its directors, employees, agents, affiliates, and licensors shall not be liable for: (a) any indirect, incidental, special, consequential, exemplary, or punitive damages; (b) loss of profits, revenue, business, contracts, anticipated savings, or goodwill; (c) loss, corruption, or destruction of data or information; (d) reputational damage; (e) business interruption of any nature, however caused and whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable. The total aggregate liability of Exito S.r.l. to the user, for any and all claims arising out of or in connection with these Terms or the Service, shall not exceed the total amounts paid by the user to the Provider in the twelve (12) calendar months immediately preceding the event giving rise to the claim.
The user agrees to fully indemnify, defend, and hold harmless Exito S.r.l., its directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the user's misuse of the Service or violation of these Terms; (b) any unlawful processing, use, or disclosure of data or personal information by the user; (c) any breach by the user of applicable laws, regulations, or third-party rights.
The Provider reserves the right to interrupt, modify, suspend, or permanently discontinue all or any part of the Service at any time, with or without notice, for any reason including maintenance, upgrades, legal compliance, or commercial decisions. No uptime guarantee is provided unless expressly agreed in a separate written agreement signed by an authorized representative of Exito S.r.l.
The Provider may immediately suspend or terminate the user's access to the Service, without notice and without liability, in the event of: (a) suspected or actual misuse of the Service; (b) conduct that creates legal risk or liability for the Provider; (c) violation of these Terms or any applicable law. Termination does not affect any accrued rights or obligations of either party.
Paid subscriptions automatically renew at the end of each billing period unless cancelled by the user before the renewal date. All payments are non-refundable except where required by applicable mandatory law. The Provider reserves the right to change pricing with reasonable advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
Where the user qualifies as a consumer under EU law, the user may have a statutory right of withdrawal within 14 days of subscription. However, by expressly requesting immediate access to the Service upon purchase and acknowledging that the Service has been fully performed, the user expressly waives the right of withdrawal in accordance with Article 16(a) of Directive 2011/83/EU and applicable national implementing legislation. This waiver applies only where the Service has been fully performed prior to the expiry of the withdrawal period.
All intellectual property rights in and to the Service, including software, technology, design, text, graphics, trade marks, and other content, are and remain the exclusive property of Exito S.r.l. or its licensors. The user is granted a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service solely for their own internal purposes in accordance with these Terms. No rights in the Service are transferred to the user beyond this limited licence.
These Terms are governed by and construed in accordance with Italian law, without prejudice to mandatory consumer protection rules that may apply in the user's country of residence. For users acting as consumers, any dispute shall be subject to the exclusive jurisdiction of the courts of the user's place of residence or domicile. For users acting in a professional or commercial capacity, any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Verona, Italy.
Pursuant to EU Regulation No. 524/2013, consumers residing in the European Union may submit a complaint via the European Commission's Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr
The Provider's contact email address for ODR purposes is: info@taholding.it