Terms and Conditions of Use

1.Preliminary provisions

1.1. These general terms of contract (the «Terms» or the «Agreement») apply to the services provided by Persico Alessio, sole trader under the Italian flat-rate tax scheme, with registered office at Via Delia 64, 00155 Rome (RM), Italy, VAT no. IT18550941001 (the «Provider»), through the website available at https://pupiko.io (the «Site» or the «Platform»), in favour of the users who access it (the «User»).

1.2. Use of the Platform requires full and unconditional acceptance of the Terms, together with the conditions set out in the Privacy Policy, which forms an integral part of them.

1.3. The Terms apply both to Users of the free services and to those who take out a Subscription. Clauses expressly referring to consumers apply to natural persons acting for purposes outside any business or professional activity they may carry out.

2.Definitions

2.1. Capitalised terms have the following meaning:

• Subscription — the recurring subscription to one of the paid plans offered on the Platform, billed monthly.
• Restricted Area — the section of the Platform accessible to registered Users after authentication.
• Board — the public page associated with the User's username, on which received Thoughts may be published.
• User Content — the Thoughts, display names, profile descriptions, images and any other material uploaded or transmitted by the User through the Platform.
• Fees — the amounts due by the User for the Subscription, as published on the Platform.
• Applicable Law — all binding legal provisions, regulations and orders of the competent authorities.
• Moderation — the activity by which the Board Owner approves, rejects or removes received Thoughts.
• Thought — the text message, optionally accompanied by a graphic element, sent by one User to another User's Board.
• Services — the creation and customisation of the Board, the receipt and Moderation of Thoughts, the archive, the statistics and any other function made available on the Platform.
• Board Owner — the User to whom the Board is associated.

2.2. Terms defined in the singular have the same meaning in the plural and vice versa.

3.Effectiveness of the Agreement

3.1. The Agreement is entered into between the Provider and the User and takes effect when the User accepts it by registering on the Platform and accessing the Restricted Area.

3.2. By registering and using the Services, the User declares to have read and fully understood the Terms. Failure to accept them makes it impossible for the Provider to supply the Services and for the User to use the Platform.

4.Access requirements and minimum age

4.1. Access to the Services is reserved to persons who have reached the age of 14, the age set by Italian law for giving consent independently to the processing of personal data in the context of information society services. Users under 18 are recommended to use the Service with the involvement of the person holding parental responsibility.

4.2. Each User may hold one account only. Creating multiple accounts in order to circumvent blocks, sending limits or other protective measures constitutes a breach of the Terms.

4.3. The User is responsible for safeguarding their credentials and for any activity carried out through their account. The User must promptly notify the Provider at support.pupiko@gmail.com of any suspected unauthorised access.

4.4. Access to the Platform takes place over the public Internet. The User shall obtain, at their own expense, the technical equipment required (device, software, connectivity) for reliable use of the Service.

5.Description of the Service

5.1. The Provider makes available, through the Platform, a service that allows each User to create a public Board associated with their username, to share its link and to receive Thoughts from other registered Users.

5.2. Thoughts received are not published automatically: they are subject to prior Moderation by the Board Owner, who may approve them, reject them, or remove them after publication.

5.3. Anonymity. The User may choose not to have their name shown publicly next to the Thought. That choice takes effect solely towards third parties visiting the Board: the Board Owner always knows the identity of the author of the Thought, a condition necessary to enable moderation, blocking and reporting. Anonymity therefore does not constitute confidentiality towards the recipient.

5.4. The Platform and the underlying software are the exclusive property of the Provider, which grants the User a non-exclusive, non-transferable and revocable licence to use them, limited to the enjoyment of the Services.

5.5. The Provider may make available different features depending on the plan taken out, including sending limits, the length of time Thoughts remain published on the Board, customisation options and statistics. The features in force for each plan are published in the pricing section.

6.User Content and licence

6.1. User Content remains the property of the User who created it. This Agreement does not entail any transfer of intellectual property rights in favour of the Provider.

6.2. For the sole purpose of supplying the Services, the User grants the Provider a non-exclusive, royalty-free and revocable licence, limited to the period the content remains on the Platform, to store User Content on its systems, reproduce it and display it on the recipient's Board and to those who access it. The licence is revoked upon deletion of the content.

6.3. The User represents and warrants that they hold all rights necessary over the User Content and that it does not infringe Applicable Law or third-party rights, including intellectual property, image and privacy rights.

6.4. The Provider does not exercise general prior control over User Content, which remains the exclusive responsibility of whoever transmitted it. The Provider retains the right to remove manifestly unlawful content or content contrary to the Terms, without notice in the most serious cases, and to report it to the competent authorities where the conditions for doing so are met.

7.Prohibited conduct

7.1. The User may not use the Platform to:

• transmit insulting, defamatory, threatening or harassing content, or content otherwise damaging to the dignity of others, including by relying on the public anonymity described in Section 5.3;
• distribute unlawful content, including child sexual abuse material, content inciting hatred or violence, intimate images shared without the consent of the person depicted, and third-party personal data made public without title;
• send unsolicited communications, fraudulent content, phishing attempts, links to harmful software or proposals attributable to pyramid schemes;
• impersonate other natural or legal persons, or the trademarks and distinctive signs of others;
• use automated tools to generate Thoughts, create accounts or alter visit statistics;
• circumvent technical protection measures such as sending limits, blocks and anti-automation checks, or attempt to access data relating to other Users;
• subject the Platform to decompilation or analysis for unlawful purposes, or to reconstruct the identity of authors who relied on public anonymity.

7.2. Breaches of this Section entail, depending on their seriousness, removal of the content, suspension or deletion of the account, with no right to any refund of Fees already paid and without prejudice to compensation for further damages. Facts constituting criminal offences are reported to the competent authorities.

8.Fees, billing and right of withdrawal

8.1. The Platform is made available in a free version and in paid plans. The Fees in force are published in the pricing section and are stated inclusive of value added tax.

8.2. Subscriptions are sold and collected through Stripe, which acts as seller towards the User and fulfils the related value added tax obligations in the User's country. For that reason, the receipt and the payment method statement show LINK.COM* PUPIKO, and requests relating to the transaction are directed to Stripe support. Provision of the Services remains with the Provider identified in Section 1.1.

8.3. The Subscription renews automatically at the end of each period unless cancelled. The User may cancel at any time from the Restricted Area (Account → Manage subscription). Cancellation takes effect from the following period: the period already paid for remains active until its natural expiry.

8.4. Right of withdrawal. Consumer Users have the right to withdraw from the contract within fourteen days of its conclusion, without giving reasons, by notice to support.pupiko@gmail.com. Pursuant to art. 59(1)(a) of the Italian Consumer Code, the right of withdrawal is excluded where performance of the service has begun with the User's express agreement and their acknowledgement of losing the right of withdrawal, which occurs upon the immediate activation of the paid features requested by the User at the time of purchase.

8.5. Changes to the Fees are notified to the User at least thirty days before renewal. If the User does not accept them, they may cancel the Subscription before the change takes effect.

9.Duration, deletion and termination

9.1. The contractual relationship is of indefinite duration and continues until the account is deleted or, for paid plans, until the cancelled Subscription expires.

9.2. The User may delete their account at any time from the Restricted Area (Account → Delete account). Deletion is permanent and entails removal of the profile, the Board, the Thoughts received and the archive, within the times set out in the Privacy Policy.

9.3. Thoughts sent by the User to other Board Owners may remain on their Boards, stripped of any reference to the deleted account, unless the User requests their removal through the dedicated option available during deletion.

9.4. The Provider may terminate the Agreement and delete the account in the event of a serious or repeated breach of the Terms, with prior notice where the nature of the breach allows it. The Provider may also withdraw from the Agreement on thirty days' notice sent to the email address associated with the account.

10.Service availability and limitation of liability

10.1. The Service is provided as it stands and in the version available from time to time. The Provider applies appropriate technical care to keep it accessible and working, without guaranteeing absolute continuity of service, absence of defects, or perpetual retention of data in the event of incidents affecting the infrastructure.

10.2. The User acknowledges that events beyond the Provider's control — including technical malfunctions, connectivity outages, cyber-attacks and suspensions attributable to infrastructure providers — may cause temporary interruption or degradation of the Service.

10.3. Save in cases of wilful misconduct or gross negligence, the Provider is not liable for indirect damages suffered by the User or third parties in connection with the Services, including loss of data, loss of profit and reputational harm arising from User Content transmitted by other Users.

10.4. In relation to consumer Users, the mandatory rights granted by the Italian Consumer Code and by other applicable legislation remain unaffected in all cases and prevail over any clause of these Terms that is incompatible with them.

10.5. The User shall hold the Provider harmless from any claim, damage, expense or charge arising from: conduct attributable to the User in breach of the Terms; unauthorised use of the Platform attributable to the User or to third parties facilitated by them; third-party claims relating to User Content transmitted by them.

11.Personal data protection

11.1. The parties undertake to comply with the obligations set out in Regulation (EU) 2016/679 and in the national implementing legislation. The processing carried out by the Provider is described in the Privacy Policy.

12.Intellectual property rights

12.1. The software, editorial content, graphic elements, trademarks, logos, illustrations and other distinctive signs of the Platform are owned by or licensed to the Provider and are protected by copyright and industrial property law.

12.2. The User acquires no right over them beyond the limited licence to use referred to in Section 5.4. Any use of the Platform not expressly permitted by the Terms constitutes a breach and an infringement of the Provider's rights.

13.Communications

13.1. Any communication relating to these Terms shall be sent to the following contact points:

Provider

Persico Alessio

Registered office

Via Delia 64, 00155 Rome (RM), Italy

VAT no.

IT18550941001

Email

support.pupiko@gmail.com

13.2. Communications from the Provider to the User are sent to the email address associated with the account or made available within the Platform. It is the User's responsibility to keep that address up to date.

14.Unilateral modification of the Terms

14.1. The Provider reserves the right to modify the Terms unilaterally, in particular as a result of changes to the Platform's features, operating methods, the costs incurred, or applicable law.

14.2. Modifications entailing an increase in the Fees or a substantial change to the features of the Services are notified to the User at least thirty days in advance. Without prejudice to the right of cancellation under Section 9, use of the Platform after the effective date constitutes acceptance of the updated Terms.

15.Miscellaneous provisions

15.1. Entire agreement. The Agreement constitutes the entire expression of the parties' intent regarding its subject matter and supersedes any previous understanding, arrangement or agreement, whether oral or written.

15.2. Severability. The invalidity or unenforceability of one or more clauses does not affect the validity of the remaining ones. Invalid clauses shall be interpreted or replaced so as to reflect, as far as possible, the original intent of the parties.

15.3. Assignment. The Provider may assign the Agreement, in whole or in part, to third parties, giving notice to the User, who may withdraw if the assignment prejudices their rights.

15.4. Third-party links. Links to third-party sites or services that may appear on the Platform are provided for information purposes and do not form part of the Terms. The User is required to review the terms of use and policies of the sites they access.

16.Governing law and jurisdiction

16.1. These Terms are governed by Italian law. Matters not expressly covered are governed by the applicable statutory provisions.

16.2. For disputes with consumer Users, exclusive jurisdiction lies with the court of the consumer's place of residence or elected domicile, pursuant to art. 66-bis of the Italian Consumer Code. In all other cases, exclusive jurisdiction lies with the Court of Rome.

16.3. Consumer Users resident in the European Union may also use the online dispute resolution platform established by the European Commission, available at ec.europa.eu/consumers/odr.