Terms of service

The domain www.zefiroplatform.com has been registered by Kaleidos Studio srls, via delle Piante 2/b Merano (Italy). VAT no.02922390212, business register code BZ-216877.
For every questions contact us at info@kaleidosstudio.com or kaleidosstudiosrls@pec.it

In these Terms of service, the parties agree on the definition of the following terms, whether in singular or in plural:
“Application”: software designed to be available to the public to download from a platform such as Appstore® or GooglePlay® and to be run on mobile devices such as smartphones and tablets.
“Customer”: person or company that register in order to develop Applications in accordance with the present contract terms.
“Zefiro”: computational platform built and managed Kaleidos Studio srls where the Customers are able to develop their own Applications.
“Website”: is referred to the website www.zefiroplatform.com.
“Plan”: the plan manages the price, the number of push notifications and all the services that are connected to a specific Application created through Zefiro. To read the detailed description of the Plans offered by Zefiro go to the dedicated page.
“Developer”: person or company that, after registered on Zefiro, creates and publishes Applications.
“Service”: bunch of services made available by Zefiro and consisting mainly in creating and publishing Applications.
“Application User”: everyone who downloads and has access to any Application developed through Zefiro.

Acceptance of contract
The use of Zefiro to build Applications is offered subject to the Customer's acceptance without modification of all the present contract terms and all other operating rules governed by the Plans, policies (including, without limitation, Zefiro’s Privacy Policy) and procedures that may be published from time to time on the Website. ATTENTION: the Terms of service can change with time. It is Customer's responsibility to access the Website regularly to be informed about the updates.
By accessing or using any part of Zefiro, the Customer agrees to become bound by the present Terms of service. If the Customer does not agree to all the Terms of service, the Customer may not access to Zefiro.
Zefiro is available only to companies and individuals who are at least 18 years old.

Description of the Service
Zefiro provides an online platform that enables the Customers to create their own Application and publish it through the online store Appstore® or GooglePlay®. The Service includes as well functionalities enabling the Customers to update the Application and the related content.
The period of time required for the publication of an Application on such stores may vary from one store to another. The Customer is warned that Appstore® and GooglePlay® may not publish an Application not meeting their own technical criteria or violating their own applicable general terms and conditions. Zefiro cannot be held responsible for such mishap. The Customer is warned he or she has to comply with such applicable conditions that may regulate the type of disclosed content as well.
When publishing an Application, the Customer is requested to choose a Plan(Iron or Silver) that governs the number, the type, the accessibility of the proposed functionalities and the price. If the Customer does not choose a specific Plan in the dedicated section ("Upgrade the Plan")the publication of the App in not going to be performed. A detailed description of the offered Plans is available at this address: www.zefiroplatform.com/prices.
The use of the Service requires the Customer to subscribe to an internet connection with proper hardware which costs are independent from the Zefiro Service. Besides, in order to build an Application with Zefiro, the Developer may have to open at his own expense an account in an online Application store and subscribe to the developer account.
As part of the use of the Service, a certain amount of information (newsletters, administrative mail, etc.) could be sent to the Customer. These information are part of the subscription of the Service, the Customer cannot refuse it.

Plans in Zefiro
Zefiro offers you two Plans, described in detail at the address www.zefiroplatform.com/prices.
Plans govern all the place where the app is visible, namely the Online Stores Google Play and iTunes as for the native app and the web, as for the web app.
After the subscription of a new account the Customeris allowed to access his/her account, work on the Application, create new Applications and change them whenever the Customer wants. This procedure is totally free but does not allow the publication of the Application on the online stores.
In order to publish the Application on the online stores the Customer is requested to choose a Plan.
The limits and prices connected to these Plans can be modified, it is Customer's responsibility to access the Website regularly to be informed about the updates.
Any change will be applied when a new Plan is subscribed or renewed.

Push notifications and other functionalities
Until the subscription plan is active, all the functionalities (push notification, fidelity card, coupon, stats) will properly work. As soon as the renewal of the subscribtion plan has been removed, the app will continue to work, but the other funcionalities will be dismisssed progressively.

Subscription of the Service
To use Zefiro and create Applications, the subscription process must be fully completed by the Customer. Valid billing information, a permanent and valid E-mail address and a certain number of other subscription information must be communicated. The Customer must define himself a username, a password and a name for the Application.
By using the Service, the Customer undertakes to provide true, accurate, up-to-date and complete information during the subscription process, to regularly update the subscription and, when required, credit card information so that it remains true, accurate, up-to-date and complete.
The Customers are invited to regularly check their email-box as well as spam emails in order to avoid missing any communication sent from Zefiro.

Access to the Service
The username and the password created by the Cutomer allow him or her to have direct access to his or her account once the subscription process is completed.
IMPORTANT: the Customers are responsible for all actions occurring on their account with their username. In case of any security breach the Customers undertake to contact immediatey the Zefiro staff. Zefiro cannot be held responsible for any loss or damage related to a Customer’s error.

Obligations and Responsability
Zefiro undertakes to bring full care to the supply of a quality Service pursuant to the profession standards and the state of the art.
The Customer agrees to hold Zefiro harmless from all claims and actions resulting from illegal usage of the Application. Indeed, all information, messages and contents published in Applications developed through Zefiro by the Customers are their exclusive responsibility.
The Service is based on complex technologies accessible via the Internet network, Zefiro denies any kind of responsibility in case of a potential damage which may result from the unavailability of the Service or a problem of connection to the Service.

Support for Application Users
The Developers are solely responsible for customer support services, maintenance or complaint related to their Applications. All the Applications developed through Zefiro and published have to report contact information of the Developer.

License to use the Zefiro Service
Zefiro hereby grants to the Customer, for the whole world, a non-exclusive, limited term, personal, non-assignable license to use the Service for the duration of the contract, exclusively for its own activity, in the conditions expressed by the Terms of service.
Unless Zefiro authorizes, nobody can reproduce, redistribute or sell part of the source code of Zefiro’s web, neither mobile applications generated with it, changing, and compilation or reversing engineering.

The Plans Iron and Silver require a payment and are related to a single Application. The Customer may pay by credit card only.
As soon as the payment has been completed, the Plan chosen by the Customer is performed. In case of non-payment Zefiro does not go on with the publication of the Application unless the payment will be performed.
Unless Zefiro specifies it differently, the payment is made on a monthly or annually (depending on the choice made by the Customer) and no refund will be made.
In case of non-payment after the expiration of the Plan a white screen will be displayed.
The Customer can opt to upgrade or downgrade the Plan at any time he/she needs. The upgrades and downgrades will take effect immediately as soon as the payment for the new Plan has been received. In both cases, for upgrade and downgrade, no refund of any sort will be made and the payment required from the Customer is that indicated by the new chosen Plan.
The Plans manage the available funcionalities, the Numbers of Requests and the number of Push notifications. E-mail will be sent to the Customer by Zefiro to allert if the Application is about to exceed the limits, in case the Application exceeds the limits imposed by the Plan a white screen will be displayed. The Application will be available again as soon as the Plan upgrade is carried out and the payment is performed.
There is the possibility of publishing the Application by asking for Zefiro's support. In this case, Zefiro will take care of all steps of publication on behalf of the Customer with an additional cost of 50€, which must be paid to Zefiro before being activated the support.
In case of app rejection on the Appstore® or GooglePlay®, no refund will occur because the Customer is sole responsible of the content.
In case a discount is offered to you by Zefiro, this discount can be applied just within 6 month from the communication and is valid just for the first purchase.

Duration of the Service
The Customer is ableto manage the Applications whenever it is needed. However, in case of no activity on the account for more than 6 months Zefiro will remove the account and this process is irreversibile.
When the Customer wants to publish one Application, the Customer has to choose a Plan among Iron and Silver Plans. Depending on the choice of the Customer, the Iron and Silver Plans are valid for a fixed one year period of time or a month. Then, at the end of this period of time, there is an automatic renewal. An email will communicate the Customer the Plan is expiring and that Zefiro will automatically renewed it at the same conditions, the payment will also be performed automatically. The Customer can in any moment disable the auto renewal of the Plan in the Account section. In case of non-payment, a white screen will be displayed.

Content restrictions
It is totally forbidden to use Zefiro to create, edit or publish Applications whose content:
  • Violates copyrights
  • includes racist, violent, defamatory or discriminatory connotations towards individual or collective groups.
  • Shows illegal acts or extreme violence.
  • Promote actions and fraudulent business models.
  • Sexually explicit content and themes that are not appropriate for the online stores.
  • Break any of the laws of the countries where the Application is going to be published.
If Zefiro detects any of these infractions will remove the Application from server, if Zefiro does not detect them but they exist, Zefiro will be exempt of any responsibility about the content that breaks any law, being the Zefiro Customer the only responsible for the infraction of any law.

Personal data
Personal data is kept as long as legally necessary for judicial proof. Zefiro won’t sale such data to third parties.

Termination and Cancellation
The Customer can cancel his/her user account anytime by notifying Zefiro via email. After cancelling the account, the Customer can no longer access with username and password and the Applications already published are removed from server. All the personal data of the Customer stored for the account are removed, too. If the cancellation takes place before the expiration of the subscribed Plan there is no refund.

Intellectual property rights
Zefiro is the only owner and author of its website, including the whole source code and logos. Zefiro will not give any user the source code of any Application built with it in the native language . As for the content of the Application, the Developer who publishes an Application with Zefiro is the intellectual holder and the only responsible for the content of the Application. If it has contents whose Intellectual Property belongs to others, the Customer must have their permission. If not, the Zefiro Customer will be liable to any intellectual property dispute that may occur with the real holder of that content.

If a Customer deletes any Application previously built with its Zefiro account or part of it, on purpose or by mistake, Zefiro is not responsible for it and the Customer cannot demand Zefiro to restore the deleted information. Zefiro is not responsible in case of lost or damage in information of the account that may occur as a result of any change made by Zefiro in its services or products, or any storing corruption or failure due to a bad information transmission or an error in the computer systems, a misidentification of a registered user account, the misuse of password allowing access of others to the account.