This English version is a courtesy translation, provided for convenience only. The Italian version is the sole legally binding text: in case of any discrepancy between the two, the Italian version prevails.
These Terms govern the use of the OptinProof platform (the "Service"), provided by Alessio Galfo (sole trader), Italian VAT number 18214141006. By using the Service you accept these Terms.
1. Subject matter of the Service
OptinProof is a platform to collect consent, keep proof of it that anyone can verify, and send messages to the contacts who gave it — on WhatsApp through Meta's official Cloud API and by email — with automation tools and an AI assistant.
2. Account and registration
- You must provide truthful, up-to-date information and verify your phone number.
- You are responsible for safeguarding your credentials and for all activity carried out through your account.
- The Service is not intended for anyone under 18 years of age.
3. Acceptable use (what is NOT allowed)
- Sending messages to contacts without valid consent or another legal basis; importing purchased or unauthorised lists.
- Sending spam or unlawful, deceptive or harassing content, or content that breaches WhatsApp/Meta policies.
- Attempting to circumvent technical limits, security measures or RLS.
A breach may result in immediate suspension and in loss of quality rating for the WhatsApp number.
4. The customer's GDPR obligations
For the data of end contacts, the customer is the Controller and undertakes to have a valid legal basis (e.g. consent) and to provide the required privacy notices. OptinProof acts as Processor under Art. 28 GDPR, pursuant to a data processing agreement (DPA) and to the customer's instructions.
5. Free trial, plans and payments
The Service may include a free trial with the features and limits stated at sign-up. Plans, prices and payment terms are described on the pricing page and may be updated with reasonable notice.
6. Intellectual property
The software, the trademark and the platform content belong to Alessio Galfo (sole trader). Data and content uploaded by the customer remain the customer's property.
7. Limitation of liability
The Service is provided "as is". To the extent permitted by law, OptinProof is not liable for indirect damages or for the delivery of messages by third parties (e.g. Meta/WhatsApp, SMS carriers).
8. Artificial intelligence features
The Service includes artificial intelligence features (assistant, WhatsApp agent, image generation). AI-generated content is marked as such and interaction with the automated agent is disclosed, pursuant to Regulation (EU) 2024/1689 (AI Act). AI output may contain errors: it is up to the user to check it before sending anything to their own contacts. The user undertakes not to use the AI features for deceptive, unlawful or harmful content.
9. Suspension and termination
We may suspend or close an account in the event of a breach of these Terms or of a security risk. You may stop using the Service at any time; upon closure, data is handled as described in the privacy policy.
10. Changes to the Terms
We may update these Terms; material changes will be communicated and the version in force will always be published on this page.
11. Governing law and jurisdiction
These Terms are governed by Italian law. Any dispute shall be subject to the exclusive jurisdiction of the Courts of Roma, save for the mandatory place of jurisdiction of the consumer where applicable.
12. Contact
For any question about these Terms: support@optinproof.app.