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, by email and by SMS — 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)
The Service is for communicating with people who have given their consent. You may not use it to:
- send messages to contacts without valid consent or another legal basis, or import purchased, rented, scraped or otherwise unauthorised lists;
- send spam or unlawful or deceptive content, including messages that pretend to come from another person or company or that try to obtain data or payments;
- use offensive, vulgar, obscene or discriminatory language, or spread content that incites hatred, violence or harassment against people or groups;
- spread sexually explicit content and, under no circumstances, content that depicts or exploits minors;
- infringe the rights of others, such as trademarks, copyright or confidentiality, or breach WhatsApp/Meta policies and those of the carriers that deliver the messages;
- attempt to circumvent technical limits, security measures or RLS.
The customer is responsible for the content it creates and sends through the Service, including content prepared with the artificial intelligence features, and is accountable for it as Controller of its contacts' data (section 4).
In the event of a breach of this section we may, in proportion to its seriousness: ask for content to be corrected or taken down; remove or make unreachable content published through the Service, such as a collection page; suspend the sending of new messages; suspend or close the account. In serious cases suspension may be immediate. A breach may also result in loss of quality rating for the WhatsApp number. These measures do not alter the consent proofs already collected and do not take away the contacts' ability to withdraw their consent.
How to report content. Anyone who believes that content sent or published through the Service is unlawful or contrary to this section may write to support@optinproof.app, stating: where the content is or how it was received (for example the sender, the date, the page address), why they believe it is unlawful or contrary to these Terms, and a contact address for the reply.
We review every report we receive. If we decide to take one of the measures listed above, we inform the customer concerned together with the reason; we inform the person who reported of the decision, if they left a contact address. Anyone who receives messages from a customer and no longer wants them can also withdraw consent using the withdrawal link or instruction included in the message.
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
10.1 We may change these Terms. We tell you about every change by email to the account's registered address and with a notice in the dashboard, saying what changes, why and from when, with both the new and the previous text available.
10.2 Notice. A change takes effect no earlier than 15 days after we tell you. If it is material or worsens your position, for example because it reduces features or safeguards, increases obligations or costs, or changes §§ 7, 9, 10 or 11, it takes effect no earlier than 30 days after we tell you. When in doubt, 30 days apply. We tell you by email to the account's registered address: if the email cannot be sent, we try again every day. If 60 days after our first documented attempt we have still not been able to send it, the change takes effect from that day: this is a rule of these Terms. If the email is sent earlier, the full notice period runs from that moment.
10.3 During the notice period the previous Terms apply. You may terminate at any time before it ends, with no penalty or exit cost, and export your data as provided in the data processing agreement (DPA). If you terminate because you do not accept a change that allows you to terminate (during the notice period, when it ends or afterwards, as long as you have not accepted the new version, or after a change with immediate effect), we refund the part of the fee for the Service paid in advance and not used, in proportion to the period remaining from the end of the notice period or, if you terminate earlier, from the date of termination. For the retention of records after closure (Evidence Vault), Annex F of the DPA applies.
10.4 When the notice period ends we ask you to accept the new version to keep using the Service. Until you do, you can log in only to export your data or write to us from the registered email to close the account.
10.5 Immediate effect. A change may take effect immediately, without notice, only to the extent strictly necessary and only where it is needed to: (a) comply with a legal or regulatory obligation or an order of an authority; (b) address an unforeseen and imminent danger to the security of the Service, of customers or of their contacts; (c) prevent abuse or fraud; (d) stop unlawful conduct. Our notice states the reason, and the reason is recorded with the version. We do not use this clause for changes that can wait for the notice period. A change with immediate effect applies from our first attempt to tell you, even if our email could not be sent: in that case we show it to you the next time you log in. You may still terminate and export your data, on the terms of clause 10.3, within 30 days of when our notice reaches you, by email or, if the email could not be sent, at your next login.
10.6 Changes concerning the processing of your contacts' data follow Article 18 of the DPA.
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.