Additional Clauses

The Client represents, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, that it has carefully read and expressly approves the contractual clauses set out in the following articles of the Agreement and its Annexes:

Agreement — General Terms and Conditions

• Art. 4.2 (Fees and economic conditions - Solve et repete and exclusion of the defence of non-performance)
• Art. 4.3 (Fees and economic conditions - Unilateral variation of Fees and payment terms)
• Art. 4.4 (Fees and economic conditions - Automatic renewal and recurring payment)
• Art. 4.5 (Fees and economic conditions - Credits and dynamic pricing of AI generations)
• Art. 5.3 (Duration, notice of non-renewal and withdrawal - Exclusion of the Client's right to withdraw ad nutum and related forfeitures)
• Arts. 5.4 and 5.5 (Agile's withdrawal and the related economic effects)
• Art. 6 (Express Termination Clause)
• Art. 8.2 (Visibility of the Client in the app and in directories - Limitation of liability and indemnification)
• Art. 11 (API and Third-Party Services - Limitation of liability and suspension of functions)
• Art. 12 (Warranties and liability of Agile - Limitation of liability; Delivery of communications)
• Art. 13 (Support and SLA - Service levels and availability of the Platform; Data backup)
• Art. 14 (Communications and points of contact - communications in electronic form)
• Art. 15 (Amendments)
• Art. 17 (Force majeure - Limitation of liability and Agile's right of withdrawal)
• Art. 18 (Suspension of the Services)
• Arts. 20.1 and 20.2 (Assignment of the Agreement - Assignment by Agile, prior consent, release of the assignor and waiver of withdrawal pursuant to Art. 2558 of the Italian Civil Code; assignment by the Client subject to Agile's prior written consent and non-release of the assignor)
• Arts. 21.1 and 21.2 (Beta - Limitation of liability)
• Art. 23 (Free Version - Limitation of liability)
• Art. 26 (Accessibility - Limitation of liability)
• Art. 27 (Templates and Support Forms - Limitation of liability)
• Art. 28 (Competent court)
• Art. 30.7 (Confidentiality - Injunctive and urgent relief)

Annex A — SMS Gateway Service

• Art. 2.2 (Provision of the business messaging service via alias)
• Art. 2.4 (Penalty clause)
• Art. 5 (Database)
• Art. 3.4 (Rate and payment procedures - Variations)
• Art. 3.5 (Rate and payment procedures - Termination and Suspension)
• Art. 4 (Duration, Notice of Non-Renewal and Withdrawal)
• Art. 6.3 (Personal data of recipients and use of the Service - Termination)
• Art. 7 (Service level agreement and Assistance)
• Art. 8 (Client's warranties and liability)
• Arts. 9.3, 9.6 and 9.8 (Prospect List Service - Limitations of liability and suspension)

Annex B — Additional Channels (Cross-Platform Service)

• Art. 1.7 (Application of the Provider Terms; limitations, suspensions and modifications of the Additional Channels)
• Art. 3 (Intellectual property rights)
• Art. 5 (Liability)
• Art. 6.1 (Rates and payment)

Annex C — AI Assistant Service

• Art. 2.2 (Absence of information obligations in the event of modifications)
• Arts. 8.11, 8.12, 8.13, 8.14 (Limitation of liability regarding Output)
• Art. 9.2 (Limitation of liability for breach)

Annex D — Data Processing Agreement (DPA)

• Art. 11.4 (Ability to object to changes to Sub-processors)
• Art. 15.1 (Competent court)

Annex E — AI Chatbot Services (Agent Studio)

• Art. 6 (Output and limitations of liability)
• Art. 7 (Suspension and limitation of the Service)

Annex F — Email Marketing Services

• Art. 5 (Limitations of liability)
• Art. 6 (Suspension of the Service)

Annex G — Booking Engine

• Art. 5 (Limitations of liability)
• Art. 6 (Suspension of the Service)

Annex H — Mini-Sites, Landing Pages, Hosting and E-commerce

• Art. 1.3 (E-Commerce functionalities - Limitation of liability and indemnification)
• Art. 5.2 (Limitation of liability regarding content)
• Art. 6 (Reports, removal, disabling and suspension)

Annex I — Data Collection (Forms, QR Codes, Loyalty Programs)

• Art. 5 (Limitations of liability)
• Art. 6 (Suspension of the Service)

Annex J — AI Analysis and Recommendations

• Art. 5 (Output and limitations of liability)
• Art. 6 (Suspension of the Service)