LEGAL DOCUMENT
Terms and Conditions of the «MyPerito» Service
Last modified: 9 July 2026 · Version: 2026-07-09
Courtesy translation This is a courtesy translation. The Italian version is the only legally binding text; in case of any discrepancy, the Italian prevails.
These Terms and Conditions (hereinafter, the «Terms») govern access to and use of the «MyPerito» service, accessible at the domains perito.my (website) and my.perito.my (application), and constitute a legally binding contract between:
- Andrea Salomone, sole proprietorship under the «regime forfettario» flat-rate tax scheme, P.IVA (Italian VAT number) 14760190968, with registered office at Via S. Bartolomeo del Fossato 20, 16149 Genova (GE), Italy, PEC (certified email) salomone.io@pec.it, contact email privacy@perito.my (hereinafter, «MyPerito», the «Provider» or «we»); and
- the person or entity that registers for and uses the Service in its capacity as a professional or professional firm (hereinafter, the «Customer», the «User» or «you»).
Acceptance of these Terms is a necessary condition for access to the Service. By registering, ticking the relevant acceptance box or using the Service in any way, the Customer declares that it has read, understood and fully accepted these Terms, the Privacy Policy and the Data Processing Agreement (DPA) annexed thereto, which forms an integral and essential part of them.
1. Definitions
1.1. In these Terms, the following terms have the meaning set out below:
- «Service»: the «MyPerito» software-as-a-service (SaaS) platform and all its features, which generate artificial-intelligence-assisted drafts of insurance survey reports.
- «Customer»: the independent insurance surveyor or the surveying firm that registers for and uses the Service in the exercise of its own professional activity.
- «Account»: the personal profile through which the Customer accesses the Service.
- «Customer Content» or «Case File Data»: the documents, photographs, data and any other material uploaded by the Customer to the Service for the purposes of drafting the survey report.
- «Output» or «Draft»: the first draft of the survey report, in DOCX format, generated by the Service from the Customer Content.
- «Credit»: the prepaid unit that enables the generation of one survey report (see Art. 5).
- «DPA»: the Data Processing Agreement entered into by the parties pursuant to Art. 28 GDPR.
- «Third-party providers» / «Sub-processors»: the third-party providers indicated in the DPA that MyPerito uses to provide the Service, including — by way of example — Google (Google Cloud Platform, including Vertex AI and Firebase Authentication) and Anthropic for artificial-intelligence processing, Stripe for payments, the electronic-invoicing provider referred to in Art. 5.4 and Resend for sending transactional emails. The up-to-date list, indicating the legal basis for any non-EU transfers, is contained in the DPA.
2. Subject matter and nature of the Service — support tool
2.1. The Service is a professional support tool for drafting insurance survey reports. It operates according to the following flow: the Customer uploads the documents and photographs relating to the case file; the artificial intelligence system extracts the relevant data and drafts a first draft of the survey report in DOCX format; the Customer reviews, corrects, supplements and signs the survey report, assuming full professional responsibility for it.
2.2. The artificial intelligence built into the Service does NOT replace the Customer's professional judgement, assessment and responsibility. The Output constitutes solely a working draft, devoid of autonomous expert value, intended to be verified, corrected and validated by the Customer before any use.
2.3. The Service does not take automated decisions producing legal effects within the meaning of Art. 22 GDPR, does not carry out scoring or assessment of claimants, and does not perform profiling activities. Every expert determination remains entirely a matter for the Customer's human assessment.
2.4. Within the meaning of Reg. (EU) 2024/1689 (AI Act), the Service does not, as matters stand, constitute a high-risk AI system, being an ancillary document-drafting tool without autonomous decision-making functions; the assessment to be carried out in concrete terms in the light of regulatory developments and implementing acts remains unaffected. In relation to the transparency obligations under Art. 50 of that Regulation (applicable from 2 August 2026), the Provider, as far as it is concerned: (i) Art. 50(1) — where the Service interacts directly with the user (for example through the «Interroga i documenti» (query the documents) feature or other dialogue features), discloses that the user is interacting with an artificial intelligence system; (ii) Art. 50(2) — ensures that the generated Output is marked and recognisable as artificial-intelligence-assisted content, without prejudice to the exemption provided for AI performing a merely ancillary drafting function, where the user reviews, edits and signs the document and assumes responsibility for it.
2.5. MyPerito reserves the right to modify, update, suspend or discontinue, in whole or in part, the features of the Service, giving the Customer reasonable prior notice where technically and economically possible.
3. Requirements and intended recipients of the Service
3.1. The Service is reserved exclusively for professionals (independent insurance surveyors and surveying firms) acting in the exercise of their own business, craft or profession. The Service is not intended for consumers within the meaning of D.Lgs. 206/2005 (Codice del Consumo, the Italian consumer code).
3.2. By registering, the Customer declares and warrants that it is of age, that it holds the requirements laid down by law for carrying on surveying activity and that it has the legal capacity to be bound by these Terms.
4. Registration, Account and credentials
4.1. Access to the Service requires the creation of an Account by providing true, complete and up-to-date data. Authentication is handled through the Firebase Authentication (Google) service (see the Privacy Policy and the DPA).
4.2. The Customer is solely responsible for the safekeeping and confidentiality of its own access credentials and for all activity carried out through its own Account. The Customer undertakes to notify MyPerito promptly of any unauthorised access to, or improper use of, the Account.
4.3. The Customer undertakes to keep the Account data up to date and not to assign, share or transfer the Account to third parties without MyPerito's prior written authorisation.
4.4. With regard to the Customer's Account data (email, billing data, credentials), MyPerito acts as an independent data controller, as specified in the Privacy Policy. With regard, instead, to the Customer Content / Case File Data, MyPerito acts as a data processor pursuant to Art. 28 GDPR (see Art. 6 and the DPA).
5. Prepaid Credits, packages and payments
5.1. Credit model. Use of the Service takes place through a system of prepaid credits. Unless otherwise indicated in the price lists in force at the time of purchase, 1 (one) Credit includes the generation of 1 (one) survey report for one case file, comprising a maximum of 1 (one) regeneration and 2 (two) revisions of the same survey report (the «included revisions and regenerations»). Regenerations and revisions within those limits entail no further charge. Further regenerations or revisions beyond those limits require the consumption of a further Credit, which starts a new cycle with the same allowance of included revisions and regenerations. The up-to-date consumption rules are published and visible within the Service.
5.2. Packages and price lists. Credits may be purchased in packages according to the prices and quantities indicated in the price list in force, available within the Service. Prices are stated net or gross of taxes as specified at the time of purchase. As the Provider is under the regime forfettario (Italian flat-rate tax scheme), invoices are issued without VAT charged, pursuant to Art. 1, paragraphs 54-89, Legge 190/2014 («operazione effettuata ai sensi dell'art. 1, commi da 54 a 89, della Legge n. 190/2014 - regime forfettario»).
5.3. Payment methods. Payments are processed through the provider Stripe (Stripe, LLC), which operates as an independent data controller for payment data. MyPerito does not store the complete details of the Customer's payment cards.
5.4. Electronic invoicing. For every purchase MyPerito issues an electronic invoice through the Sistema di Interscambio (SdI, the Italian exchange system), using the provider indicated in the DPA. The Customer undertakes to provide correct and complete billing data (including the codice destinatario or PEC address).
5.5. Final purchase and non-refundability of Credits. Credits constitute the consideration for a digital service performed immediately, supplied at the Customer's request: on purchase the Customer expressly requests its immediate activation and use, without waiting for any period to elapse. Every purchase is final: the consideration paid is not refundable, in whole or in part, and Credits are not convertible into money, assignable to third parties or transferable between different organisations, save for any mandatory statutory obligation to the contrary. Failure to use, or partial use of, the Credits gives no right to any refund. As this is a relationship between professionals — the Customer holds a Partita IVA (Italian VAT registration) and acts in the exercise of its own activity — the provisions of the Codice del Consumo (D.Lgs. 206/2005) do not apply, including those on the right of withdrawal. Should the contract exceptionally be concluded with a consumer, that consumer, having requested immediate performance of the digital service during the withdrawal period, acknowledges that it loses the right of withdrawal pursuant to Art. 59, paragraph 1, D.Lgs. 206/2005 — in the alternative, pursuant to letter a) (service contracts), where the Credit is classified as a service, and/or letter o) (supply of digital content on a non-tangible medium), where it is classified as digital content — so that the loss of the right of withdrawal applies in any event.
5.6. Non-payment. In the event of non-payment or late payment, MyPerito reserves the right to suspend access to the Service pursuant to Art. 12.
6. Customer obligations regarding data protection
6.1. The Customer acknowledges and accepts that, in respect of the data of its own assisted clients, injured parties, counterparties and case files uploaded to the Service, it acts as data controller, while MyPerito acts as data processor (responsabile del trattamento) pursuant to Art. 28 GDPR, as governed by the annexed DPA.
6.2. The Customer declares and warrants that it:
(a) has a valid legal basis for the processing of the data uploaded; the Customer further acknowledges that the Case File Content may include special categories of data under Art. 9 GDPR (in particular data concerning health and injuries) and/or data relating to criminal convictions and offences under Art. 10 GDPR, and warrants that it has an appropriate lawfulness condition for the related processing — potentially, but not necessarily, Art. 9(2)(f) GDPR (establishment, exercise or defence of legal claims) — the identification and applicability of which remain the exclusive assessment and responsibility of the Customer as controller;
(b) has provided data subjects with the prescribed privacy notices and has fulfilled every information obligation laid down by Arts. 13 and 14 GDPR;
(c) has carried out, where required, the data protection impact assessment (DPIA) pursuant to Art. 35 GDPR;
(d) processes the data in compliance with the principles under Art. 5 GDPR and uploads exclusively data that are relevant, adequate and not excessive in relation to the surveying purposes.
6.3. The Customer undertakes not to upload data for which it does not have an appropriate legal basis, nor data that are manifestly excessive, unlawful or harmful to the rights of third parties.
6.4. The Customer indemnifies and holds harmless, to the extent permitted by law, MyPerito against any claim, challenge, penalty or compensation demand of third parties or of the supervisory authorities arising from the Customer's breach of the obligations under this article, without prejudice to the allocation of liability under Art. 82 GDPR and the DPA. It is understood that this indemnity operates on the plane of the internal relations between the parties and transfers the related economic burden, but does not affect the administrative fine under Art. 83 GDPR as such, which retains a personal character and remains attributable to the data controller on whom it is imposed, not being transferable to third parties.
6.5. By signing up to these Terms, the Customer fully accepts the annexed DPA, which governs the documented instructions, the security measures, the sub-processors and the non-EU transfers (including the safeguards applicable to individual providers pursuant to Art. 10.3).
7. Artificial intelligence clause and professional responsibility
7.1. The Customer acknowledges and accepts that the Output is generated by means of artificial intelligence systems and constitutes a mere working draft, devoid of any expert value until it has been verified, corrected, supplemented and signed by the Customer.
7.2. The Customer is solely and exclusively responsible:
(a) for the full review of the Output and for the verification of its accuracy, completeness and correctness against the case file documents and the applicable rules;
(b) for the correction of any error, omission, inaccuracy or incorrect content that may be present in the Output;
(c) for the final content of the survey report, for its signature and for its transmission to third parties;
(d) for compliance with the ethical, technical and statutory rules governing surveying activity.
7.3. MyPerito carries out no surveying activity, assumes no professional role in the Customer's case file and is in no way liable for the content, the accuracy or the effects of the final survey report, which remains attributable exclusively to the signing Customer.
7.4. The Customer is aware that artificial intelligence systems may produce inaccurate, incomplete or untrue results («hallucinations») and therefore undertakes not to rely uncritically on the Output.
8. Clause under Art. 13 of Legge 23 settembre 2025, n. 132 — informing assisted clients
8.1. Pursuant to Art. 13 of Legge 23 settembre 2025, n. 132, the use of artificial intelligence systems in the exercise of the profession must be instrumental in nature and subject to the obligation to inform the client/assisted party clearly of the recourse to such systems.
8.2. The Customer therefore undertakes to inform its own assisted clients of the use, in the course of the surveying activity, of artificial intelligence systems supporting the drafting of documents, in compliance with the principles of transparency and by means suitable to ensure that the human professional contribution is understood.
8.3. To that end, MyPerito makes available to the Customer a template notice usable in dealings with assisted clients. It is understood that fulfilment of the information obligation under Art. 13 L. 132/2025 falls within the exclusive remit and responsibility of the Customer, as the appointed professional.
9. Warranties, limitations and exclusions of liability
9.1. The Service is provided «as is» («così com'è») and «as available» («come disponibile»). To the extent permitted by law, MyPerito gives no warranty — express or implied — as to the accuracy, completeness, reliability or fitness of the Output for a particular purpose. MyPerito's liability in cases of wilful misconduct or gross negligence, which cannot be excluded pursuant to art. 1229 c.c. (Codice Civile, the Italian civil code), remains unaffected in any event.
9.2. MyPerito does not warrant that the Service will be uninterrupted, error-free or free from malfunctions, nor that the Output will be free from inaccuracies. The Customer is required to verify the Output in every case before any use.
9.3. To the maximum extent permitted by applicable law and save for cases of wilful misconduct or gross negligence (art. 1229 c.c.), MyPerito is not liable:
(a) for damage arising from the use of, or uncritical reliance on, the Output;
(b) for indirect or consequential damage, loss of profit, loss of customers, loss of data or loss of opportunity;
(c) for damage arising from the Customer's breach of these Terms, of the DPA or of the applicable rules.
9.4. Cap. Save for cases of wilful misconduct or gross negligence and for liabilities that cannot be excluded by law, MyPerito's aggregate liability towards the Customer, on any ground whatsoever, is limited to the amount of the fees actually paid by the Customer to MyPerito in the 12 (twelve) months preceding the event from which the damage arose.
9.5. The limitations in this article apply in so far as they are compatible with mandatory statutory provisions and do not prejudice the allocation of liability provided for by Art. 82 GDPR.
10. Security, data location and data retention
10.1. MyPerito adopts appropriate technical and organisational measures pursuant to Art. 32 GDPR, including: encryption in transit (TLS) and at rest; multi-tenant isolation at database level (PostgreSQL Row-Level Security per organisation); JWT authentication; role-based access control; infrastructure on Google Cloud Platform within the European Union; secrets management through Secret Manager. The measures are described in detail in the DPA.
10.2. Data location and AI processing. The application and storage infrastructure (Cloud Run, Cloud SQL, Google Cloud Storage) is configured in an EU region (europe-west1). Artificial-intelligence processing on Vertex AI is routed to Google's «eu» endpoint/multi-region, so as to keep the related processing within the European Union; for certain features at a preliminary stage or for models not yet available on the «eu» endpoint, and also for the processing entrusted to Anthropic, non-EU transfers may occur, assisted by the safeguards under Art. 10.3 and in the DPA.
10.3. Non-EU transfers and safeguards. Where transfers of personal data to third countries occur, they take place in compliance with Chapter V of the GDPR. In particular: Google, Stripe (Stripe, LLC) and Resend (PLUS FIVE FIVE, Inc.) adhere to the EU-U.S. Data Privacy Framework (DPF), which constitutes the safeguard adopted for transfers to those providers; Anthropic is not, as matters stand, certified under the DPF, so that the related transfer is assisted by the EU Commission's Standard Contractual Clauses (SCC) and by a dedicated Transfer Impact Assessment (TIA). The up-to-date framework of safeguards is set out in the DPA.
10.4. No training. The Customer Content is not used for the training of artificial intelligence models. That guarantee is contractually secured by the AI providers (Google and Anthropic), as specified in the DPA.
10.5. Retention. The Customer Content / Case File Data (original uploaded documents and survey reports generated on Google Cloud Storage) are retained for the duration of the contractual relationship and for the further period required by law or by the ethical and professional rules applicable to surveying activity. No automatic time-based deletion is provided for: the documents and the survey reports remain available in the Account until the Customer (or an administrator of its organisation) orders their deletion. The Customer as controller may at any time request the deletion of the Case File Data or issue different retention instructions pursuant to the DPA; deletion requests are carried out, including the backup copies, within 30 (thirty) days of the request. On termination of the relationship the data are, at the Customer's choice, deleted or returned and the existing copies deleted, as provided by the DPA (Art. 28, par. 3, letter g, GDPR), save for mandatory statutory retention obligations. Incomplete or abandoned uploads — files uploaded but not associated with any case file or saved document — may be removed, once at least 24 (twenty-four) hours have elapsed from the upload, as part of ordinary storage clean-up activities. It remains in any event the Customer's burden to keep its own copy of the documents and materials it needs.
11. Intellectual property
11.1. All intellectual and industrial property rights in the Service, the software, the trade marks, the logos, the interface and the documentation are and remain the exclusive property of MyPerito and/or its licensors. Nothing in these Terms entails an assignment of those rights to the Customer.
11.2. MyPerito grants the Customer a non-exclusive, non-transferable, non-sub-licensable and revocable licence to use the Service, for the duration of the relationship and within the limits of these Terms.
11.3. Customer Content. The Customer Content and the final survey reports remain the exclusive property of the Customer (or of the respective rightsholders). The Customer grants MyPerito a licence limited to processing that Content for the sole purpose of providing the Service, in accordance with the documented instructions set out in the DPA.
11.4. No training. Art. 10.4 remains unaffected: the Customer Content is not used for the training of artificial intelligence models.
11.5. The Customer may not copy, modify, decompile, reverse engineer, resell or create derivative works from the Service, save within the mandatory limits laid down by law.
12. Suspension, term and withdrawal
12.1. Term. The relationship lasts for as long as the Account exists, save for withdrawal or termination pursuant to this article.
12.2. Suspension. MyPerito may suspend access to the Service, in whole or in part, with immediate effect, in the event of: (a) non-payment; (b) breach of these Terms or of the DPA; (c) unlawful, fraudulent or abusive use of the Service; (d) risks to the security, the integrity or the availability of the Service; (e) statutory obligations or measures ordered by the authorities.
12.3. Withdrawal by the Customer. The Customer may withdraw at any time by ceasing to use the Service and requesting the closure of the Account. Withdrawal gives no right to a refund of unused Credits, save for any mandatory statutory obligation to the contrary (see Art. 5.5).
12.4. Withdrawal/termination by MyPerito. MyPerito may withdraw from the relationship on reasonable prior notice, or terminate the contract with immediate effect pursuant to art. 1456 c.c. in the event of serious breach by the Customer of the obligations under Arts. 5, 6, 7 and 11.
12.5. Effects of termination. On termination of the relationship, access to the Service is disabled. The return and/or deletion of the data are governed by the DPA and by the applicable legislation.
13. Amendments to the Terms
13.1. MyPerito reserves the right to amend these Terms, in particular in order to align them with regulatory, technical or organisational changes. Amendments are notified to the Customer on reasonable prior notice, as a rule of not less than 15 (fifteen) days, by email or by notice within the Service.
13.2. Continued use of the Service after the amendments come into force constitutes acceptance of them. In the event of non-acceptance, the Customer may withdraw pursuant to Art. 12.3.
13.3. By way of derogation from point 13.2, where an amendment introduces anew or aggravates an unfair clause (clausola vessatoria) within the meaning of art. 1341, paragraph 2, c.c., it does not bind the Customer by mere continuation of the use of the Service, but requires a fresh and specific act of approval by the Customer pursuant to arts. 1341, paragraph 2, and 1342 c.c.; failing that, the clause is of no effect and the corresponding pre-existing provision continues to apply.
14. Miscellaneous
14.1. Assignment. The Customer may not assign this contract or the rights arising from it without MyPerito's prior written consent. MyPerito may assign the contract in the context of reorganisation, merger or business-transfer transactions, notifying the Customer thereof.
14.2. Partial invalidity. The possible nullity, invalidity or ineffectiveness of a single clause does not prejudice the validity of the remaining provisions.
14.3. Forbearance. Any forbearance by MyPerito in respect of Customer conduct in breach of the Terms does not constitute a waiver of the rights arising from the clauses breached.
14.4. Notices. Notices relating to this relationship are given to the email addresses indicated in the Customer's Account and, for MyPerito, to the address privacy@perito.my (or to the PEC address salomone.io@pec.it).
14.5. Annexed documents. The Privacy Policy and the Data Processing Agreement (DPA) form an integral part of these Terms. In the event of conflict between these Terms and the DPA on matters of personal data protection, the DPA prevails.
15. Governing law and jurisdiction
15.1. These Terms are governed by Italian law.
15.2. For any dispute relating to the interpretation, performance, validity or termination of these Terms, the Foro di Genova (the courts of Genoa) has exclusive jurisdiction, this being a relationship between professionals (to the exclusion of the consumer rules on the consumer's forum).
15.3. The mandatory powers of the Autorità Garante per la protezione dei dati personali (the Italian data protection authority) and the remedies provided by Arts. 77-79 GDPR on data protection remain unaffected.
16. Unfair clauses (art. 1341 c.c.)
16.1. Pursuant to and for the purposes of arts. 1341 and 1342 c.c., the Customer declares that it specifically approves the following clauses: Art. 2.5 (modification/discontinuation of the Service); Art. 5.5 (non-refundability of Credits); Art. 6.4 (indemnity); Arts. 9.1, 9.2 and 9.3 (warranty exclusions and liability exclusions); Art. 9.4 (liability cap); Art. 10.5 (retention and deletion of data); Arts. 12.2 and 12.4 (suspension and termination); Art. 13 (unilateral amendments to the Terms); Art. 14.1 (assignment of the contract); Art. 15.2 (jurisdiction).
16.2. The Customer accepts these Terms — including the clauses referred to in point 16.1 — by means of the dedicated acceptance box presented at registration. MyPerito retains evidence of the acceptance (date and time, user identifier, version of the Terms accepted).