Terms
General terms and conditions for the use of KISO.
1. Scope and provider
These general terms and conditions (the “Terms”) govern the use of the software and services provided via kiso.pro (“KISO”). The provider and contracting party is Hannes Schmidt, Kapuzinerstraße 18, 39011 Lana, Südtirol / Italien (“we”). Differing terms of the user do not apply unless we expressly agree to them.
2. Conclusion of contract and registration
Using paid features requires creating an account. A paid contract is concluded once you complete the order process and we confirm it. You undertake to provide accurate information during registration and to keep your access credentials confidential.
3. Services
KISO is provided as web-based software (software as a service). The scope of functions follows from the service description applicable at the time of the order. We endeavour to ensure the highest possible availability but do not owe uninterrupted availability. Maintenance, further development and technical outages may lead to temporary restrictions.
4. Prices and payment
The prices stated at the time of the order apply. Unless stated otherwise, prices are exclusive of any applicable statutory VAT. Payment is processed via our payment service provider Stripe. For subscriptions, the fee is due and charged in advance for the chosen billing period (e.g. monthly or annually).
5. Term and cancellation
Subscriptions renew automatically for the chosen billing period unless cancelled before its end. You may cancel at any time with effect from the end of the current billing period, either via your account settings or by email to [email protected]. The right to extraordinary termination for good cause remains unaffected.
6. Refunds
Fees already paid for a current billing period are not refunded on a pro-rata basis; after cancellation, access remains available until the end of the paid period. There is no claim to a refund for services already rendered or used — in particular consumed quotas or unlocked features — unless a statutory right of withdrawal or warranty right (see sections 7 and 8) provides otherwise.
You may submit a refund request at any time by email to [email protected]. We review every request and decide at our discretion as a goodwill gesture; this does not create any claim to a refund beyond your statutory rights. Any refunds are made via the payment method originally used.
7. Right of withdrawal for consumers
Consumers have a statutory right of withdrawal. The details are set out in our Withdrawal Policy. For digital content and services, the right of withdrawal expires early if you have expressly consented to us beginning performance before the end of the withdrawal period and have confirmed that you thereby lose your right of withdrawal.
8. Warranty and defects
Statutory warranty rights apply. If a service does not function as agreed, we endeavour to remedy this promptly. For justified defects that we do not remedy within a reasonable period, you may assert your statutory rights.
9. User obligations
You undertake not to use KISO in an abusive or unlawful manner, not to infringe the rights of third parties, and not to take any measures that impair the security or functionality of the service. In the event of serious violations, we are entitled to suspend or permanently block access.
10. Liability
We are liable without limitation for intent and gross negligence as well as for injury to life, body or health. For slight negligence, we are liable only for the breach of an essential contractual obligation and limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded. Mandatory statutory liability provisions, in particular under consumer protection law, remain unaffected.
11. Changes to the Terms
We reserve the right to amend these Terms with effect for the future, for example to adapt the scope of services or to reflect changes in the law. We will inform you of changes in good time in text form. If you do not object within the stated period and continue to use the service, the amended terms are deemed accepted; we will separately point out your right to object and the consequences.
12. Final provisions
The law of the Italian Republic applies, excluding the UN Convention on Contracts for the International Sale of Goods. With regard to consumers, this applies only insofar as it does not restrict mandatory consumer protection provisions of their country of residence. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr. We are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.