Kushtet e shërbimit

1. The provider

Preventiv is operated by [LEGAL NAME OF THE OPERATOR] ("Preventiv", "we"), [legal form], registered office [FULL ADDRESS], [NIPT / P.IVA and C.F.], [REA number or Albanian business register (QKB) number], share capital [AMOUNT, if applicable].

Contacts: e-mail support@preventiv.app, certified e-mail (PEC) [PEC, Italy], telephone [PHONE].

[[REVIEW: R-01 Which entity contracts with customers (Albanian sh.p.k., Italian S.r.l., or one entity per country) and the mandatory company information to publish (Italian civil code art. 2250, D.Lgs. 70/2003 art. 7; Albanian Law 10128/2009 on electronic commerce).]]

2. Business customers only

Preventiv is offered exclusively to businesses, professionals and public bodies acting for purposes related to their trade, business, craft or profession. It is not offered to consumers. By accepting these Terms the person registering confirms that they act on behalf of such an organisation (the "Customer") and are authorised to bind it.

Consequently, the consumer protection rules of the Italian Consumer Code (D.Lgs. 206/2005) and of the Albanian consumer protection legislation, including the right of withdrawal for distance contracts, do not apply.

The Terms are accepted electronically at sign-up. The provider keeps a record of the accepted version and of the date of acceptance.

[[REVIEW: R-02 How to exclude consumers in practice (e.g. mandatory VAT number / NIPT before a paid plan) and whether sole traders without VAT number may use the Free plan.]]

3. Definitions

• "Service": the Preventiv web application, the embeddable website widget, the hosted estimator pages, the client share pages, the public API and the related documentation.
• "Customer Data": all data, documents and content that the Customer or its users enter into or generate with the Service, including personal data of the Customer's clients, suppliers and website visitors.
• "User": a natural person invited by the Customer to use the Service under the Customer's account (owner, administrator, estimator, viewer and other roles).
• "End user": a visitor of the Customer's website who uses the widget, or a client of the Customer who opens a share page.
• "Plan": the subscription level (Free, Pro, Team, Business or others) described on the pricing page.

4. The Service

Preventiv is software as a service for construction cost estimating. Among other things it lets the Customer prepare bills of quantities and estimates, unit-price analyses, measurement books, progress certificates (SAL), variations, offers and invoices data, export files (such as FatturaPA XML for Italy or fiscalization-ready data for Albania), share documents with clients for online acceptance, collect requests through a website widget, and integrate other systems through an API and webhooks.

Optional functions, such as AI assistance or address geocoding, may rely on third-party services listed in the Privacy policy and are used only when enabled.

The Service evolves continuously. We may add, change or remove functions, provided that the essential features of the subscribed Plan are not substantially reduced during a paid period without notice under section 22.

Preventiv does not transmit invoices to the Italian Exchange System (SDI) nor fiscalize invoices with the Albanian tax administration (CIS): it prepares data that the Customer or its authorised intermediary must validate, sign where required and transmit.

5. Accounts, users and roles

The Customer creates an account and may invite Users within the limits of its Plan. The Customer decides which role and permissions each User has and is responsible for every action performed with its account.

Users must keep their credentials confidential, use a strong password and, where the Customer requires it, two-factor authentication. The Customer must tell us without delay about any unauthorised use of its account.

Clients of the Customer should receive documents through share links rather than being invited as Users.

6. Plans, prices and payment

The Free Plan has the limits shown on the pricing page. Paid Plans are billed in advance, monthly or yearly, in EUR or ALL. Prices are stated net of VAT and other taxes, which are added where due.

Payments are processed by Stripe. Card details are entered directly in Stripe's systems and are never stored by Preventiv. The Customer authorises recurring charges to the chosen payment method for each renewal.

Usage-based components (for example API calls above the Business Plan allowance) are billed in arrears according to the price list.

If a payment fails, Stripe retries it for a limited period. If it still fails, the account may be moved to the Free Plan or suspended under section 21; Customer Data is not deleted because of a late payment without the notice set out in section 8.

[[REVIEW: R-03 Invoicing entity and VAT treatment of subscriptions for Italian and Albanian customers (to be confirmed with the accountant), late-payment interest (Italian D.Lgs. 231/2002) and currency rules.]]

7. Renewal, changes, cancellation and refunds

Paid Plans renew automatically for periods equal to the initial one (month or year) unless cancelled before the renewal date from Settings, Billing.

Upgrades take effect immediately and are charged pro rata. Downgrades and cancellations take effect at the end of the paid period; until then the Customer keeps the paid features.

Fees already paid are not refundable, in whole or in part, except where these Terms provide otherwise, where we terminate without cause, or where the law requires it.

We may change prices for future periods by notifying the Customer at least 30 days before the renewal on which the new price applies. A Customer that does not accept the change may cancel before that renewal.

[[REVIEW: R-04 Automatic renewal and price-change clauses: notice periods, and whether specific written approval under Italian civil code artt. 1341-1342 is needed (see R-24).]]

8. Customer Data: ownership, export and deletion

The Customer retains all rights in Customer Data. The Customer grants Preventiv only the non-exclusive right to host, copy, process, transmit and display Customer Data to the extent necessary to provide, secure and support the Service, and to comply with the law.

The Customer may export its data at any time from Settings, Privacy, in a structured, commonly used and machine-readable format (JSON), and documents in PDF and other supported formats. This supports the right to data portability (GDPR art. 20) and switching to another provider.

After the contract ends the Customer has 30 days to export its data. The account is then permanently deleted, together with Customer Data, except data we must keep by law (for example our own invoices). Deleted data disappears from backups at the end of their rotation cycle, as stated in the Privacy policy.

We may use aggregated statistics about use of the Service that do not identify the Customer, its Users or any natural person, to operate and improve the Service.

[[REVIEW: R-05 Compliance with the EU Data Act (Regulation 2023/2854, chapter VI, switching between data processing services, applicable from 12 September 2025): notice period, transition period, exportable data and switching charges.]]
[[REVIEW: R-06 Whether the use of aggregated or de-identified Customer Data (for example anonymous price benchmarks) is wanted; if so, it must be described precisely and must not use personal data processed as a processor.]]

9. Personal data

For account, billing and usage data of Users, Preventiv acts as controller under its Privacy policy.

For personal data contained in Customer Data (for example the Customer's clients, site contacts, suppliers and widget visitors), the Customer is the controller and Preventiv is the processor. The Data processing agreement published at /dpa forms an integral part of these Terms and is accepted together with them.

The Customer is responsible for having a lawful basis for the data it enters, for informing the data subjects (including visitors of its widget) and for answering their requests, with our assistance as described in the Data processing agreement.

10. Calculations, tax and legal outputs

Preventiv is a calculation and document tool. It does not provide tax, legal, accounting, engineering or safety advice.

Amounts, VAT / TVSH rates and categories, natura codes, reverse charge, split payment, withholding tax (ritenuta), pension-fund contributions (cassa previdenza), stamp duty (bollo), FatturaPA and fiscalization fields, ribasso and safety costs, progress certificates (SAL), quick-estimate coefficients, exchange rates and identifier checks are produced from the data and settings chosen by the Customer and from rules that we keep updated with care, but which may be incomplete, change over time or not fit a specific case.

The Customer remains solely responsible for verifying every document, figure, rate and code before using, sending, signing or filing it, where appropriate with its accountant (commercialista / kontabilist i miratuar), lawyer or technical professional. Indicative estimates are labelled as such and are not binding offers by Preventiv.

[[REVIEW: R-07 Enforceability of this disclaimer under Italian and Albanian law, and whether to require specific approval of it (Italian civil code art. 1341).]]

11. Online acceptance and electronic signature

Share pages allow the Customer's clients to accept a document by typing their name or drawing a signature. Preventiv records the name, optional e-mail, method, date and time, IP address and browser of the signatory.

This is a simple electronic signature within the meaning of Regulation (EU) 910/2014 (eIDAS) art. 3(10). It is not an advanced or qualified signature. Under eIDAS art. 25 it cannot be denied legal effect solely because it is electronic, but its evidential value is freely assessed by the court (in Italy, Codice dell'Amministrazione Digitale art. 20 para. 1-bis; in Albania, Law 51/2026 on electronic identification and trust services).

It is not suitable for acts that require written form with a qualified or digital signature, for example many public contracts, real-estate deeds or documents that must be filed with authorities. The Customer decides whether this level of signature is adequate for its purpose.

[[REVIEW: R-08 Wording of the e-signature limits for Italy and Albania, evidence kept (consider a hash of the accepted document), and whether acceptance on a share page forms the contract between the Customer and its client.]]

12. Website widget and end users

The Customer may publish the widget on its own website or use the hosted estimator page. The Customer is responsible for the questions, prices and texts it configures, for the information given to visitors, and for the privacy notice and any consent required on its website.

Requests sent through the widget belong to the Customer. Preventiv processes them as processor, protects the form against abuse (including with Cloudflare Turnstile) and does not use visitors' data for its own purposes.

Amounts shown to visitors are indicative estimates generated from the Customer's settings; the Customer is responsible for presenting them as such.

13. API, integrations and webhooks

API access is available on the Plans indicated on the pricing page, within the published rate limits and monthly quotas. The Customer keeps its API keys and OAuth credentials secret and is responsible for the applications it connects.

Data sent by the Customer to third-party systems through the API or webhooks leaves Preventiv under the Customer's responsibility; those systems are not sub-processors of Preventiv.

We may change the API with reasonable notice; incompatible changes to a stable version will be announced at least 90 days in advance, except where needed for security or legal reasons.

14. Acceptable use

The Customer and its Users must not:
- use the Service in breach of the law or of third-party rights, or to process data without a lawful basis;
- upload malware or content that is unlawful, defamatory or infringing;
- send unsolicited communications through the Service;
- attempt to access other customers' data, test the security of the Service without written permission, or circumvent limits, quotas or technical measures;
- overload the Service, scrape it or use it to build a competing product;
- resell or make the Service available to third parties outside the permitted roles.

We may remove content or restrict access when we receive a substantiated notice that content is unlawful, informing the Customer of the reasons.

[[REVIEW: R-09 Obligations under the EU Digital Services Act (Regulation 2022/2065) for hosted content and public share pages: point of contact, notice-and-action procedure and statement of reasons.]]

15. Availability, support and backups

We take reasonable care to keep the Service available, but we do not guarantee uninterrupted or error-free operation. Planned maintenance is announced in advance where possible.

Customer Data is stored in data centres located in the European Union (eu-west-1 (Ireland)). Databases are backed up automatically every day, with point-in-time recovery for [NUMBER] days.

Support is provided by e-mail in Albanian, Italian and English on business days, [SUPPORT HOURS].

The Customer remains responsible for keeping its own copies of documents it is required to retain by law (for example accounting records and invoices).

[[REVIEW: R-10 Whether to commit to an availability target (e.g. 99.5% per month) with service credits, or to keep a best-effort clause.]]

16. Intellectual property

Preventiv, its software, design, documentation, demo price lists and trademarks belong to the provider or its licensors. The Customer receives a non-exclusive, non-transferable right to use the Service during the subscription, for its internal business purposes and for its dealings with its own clients.

Price lists imported by the Customer (for example regional price lists or the Albanian Manual of Prices) remain subject to the rights of their publishers; the Customer is responsible for having the right to use them.

Suggestions and feedback may be used freely by Preventiv to improve the Service, without obligation.

17. Third-party services

The Service uses or links to third-party services, such as Stripe for payments, map and geocoding services from OpenStreetMap, and, if enabled, AI assistance. Their availability is not under our control. Where they process personal data on our behalf they are listed as sub-processors in the Privacy policy and the Data processing agreement.

18. Warranties

We warrant that we will provide the Service with professional care and substantially as described in the documentation. Apart from this, and to the extent permitted by law, the Service is provided "as is" and "as available", without further warranties, express or implied, including fitness for a particular purpose.

19. Limitation of liability

To the extent permitted by law, each party's total liability arising from the contract in any twelve-month period is limited to the fees paid or payable by the Customer for the Service in the twelve months before the event giving rise to the claim. For the Free Plan the limit is [AMOUNT, e.g. EUR 100].

Neither party is liable for indirect or consequential loss, loss of profit, revenue, business or goodwill.

These limits do not apply to wilful misconduct or gross negligence, to death or personal injury, to the Customer's payment obligations, or to any other liability that cannot be limited by law. In Italy any clause excluding liability for wilful misconduct or gross negligence is void (civil code art. 1229).

[[REVIEW: R-11 Amount of the cap, whether data-protection liability (GDPR art. 82) sits inside or above the cap, and equivalent mandatory limits under the Albanian Civil Code.]]

20. Indemnity

The Customer will indemnify Preventiv against third-party claims arising from Customer Data, from its use of the Service in breach of these Terms or of the law, or from documents it issues to its clients, including fines and reasonable legal costs.

[[REVIEW: R-12 Scope of the indemnity and whether a reciprocal indemnity by Preventiv for intellectual-property infringement claims should be offered.]]

21. Suspension and termination

The Customer may terminate at any time by cancelling the subscription and deleting the company from Settings; section 7 applies to fees already paid.

We may suspend access, after notice where reasonable, in case of non-payment for more than [14] days, a serious breach of these Terms, a security risk, or an order of an authority. We may terminate the contract for serious breach not remedied within 15 days of a written notice, or with 60 days' notice without cause, in which case we refund the unused part of any prepaid fees.

On termination, section 8 applies to the export and deletion of Customer Data.

[[REVIEW: R-13 Suspension and termination periods and the express termination clause (Italian civil code art. 1456).]]

22. Changes to these Terms

We may amend these Terms for legal, technical or commercial reasons. Material changes are notified by e-mail and in the application at least 30 days before they take effect. If the Customer does not accept them, it may terminate before that date and receive a refund of the unused prepaid fees; continued use after the effective date means acceptance.

Changes required by law or for security reasons may take effect sooner.

23. Confidentiality

Each party keeps confidential the non-public information received from the other in connection with the contract and uses it only to perform the contract. This obligation lasts for three years after termination and, for trade secrets and Customer Data, for as long as the information remains confidential.

24. Governing law and jurisdiction

Option A (Customer established in Italy): the contract is governed by Italian law and the courts of [CITY] have exclusive jurisdiction.

Option B (Customer established in Albania): the contract is governed by Albanian law and the courts of Tirana have exclusive jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

[[REVIEW: R-14 Choice between one governing law for all customers and the per-country option; competent court or arbitration (e.g. Chamber of Arbitration of Milan or Tirana), and recognition of judgments between Italy and Albania.]]
[[REVIEW: R-24 Clauses that under Italian civil code artt. 1341-1342 need specific written approval (limitation of liability, suspension, termination, tacit renewal, jurisdiction, price changes) and how to collect it online (separate approval step at sign-up).]]

25. General provisions

• Neither party is liable for delays caused by events beyond its reasonable control (force majeure).
• The Customer may not assign the contract without our consent; we may assign it to a company of our group or to a successor of the business, with notice.
• We may use subcontractors and sub-processors, remaining responsible for them.
• Notices are sent by e-mail to the addresses in the account; for the provider, to support@preventiv.app or [PEC].
• If a clause is invalid, the rest of the Terms remains in force.
• These Terms are published in Albanian, Italian and English. [[REVIEW: R-15 Which language version prevails in case of inconsistency.]]