Terms of Service

Last updated: April 3, 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of Kontrol ("the Platform"), a marketing intelligence and management platform operated by Vertigo SRL, with registered office in Italy ("we", "us", "our").

By registering an account, joining the waitlist, or using any part of the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Platform.

Important notice: Kontrol is intended for use by both businesses (B2B) and individual users (B2C). Certain rights and protections differ depending on whether you are a consumer or a business user. Where relevant, these Terms will specify which provisions apply to which category of user.

2. Target Audience and Eligibility

The Platform is accessible to business users — including marketing agencies, in-house marketing teams, and companies using the Platform for professional purposes — as well as individual users such as professionals or individuals using the Platform for personal or freelance marketing activities.

To use Kontrol you must be at least 18 years of age, have the legal capacity to enter into binding agreements, and, if registering on behalf of a company, have the authority to bind that company to these Terms.

The Platform is not intended for use by minors, and we reserve the right to terminate accounts where eligibility requirements are not met.

3. Account Registration and Termination

3.1 Registration

Access to the Platform requires account registration. You agree to provide accurate, complete, and up-to-date information during registration and to keep this information current at all times.

3.2 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [support email] if you suspect any unauthorized use of your account.

3.3 Sub-accounts and user permissions

Agency accounts may create sub-accounts for client companies and team members. The account holder is responsible for all activity carried out by sub-users and for ensuring that sub-users comply with these Terms. Permissions and visibility controls are configurable and are the responsibility of the account administrator.

3.4 Termination by you

You may close your account at any time by contacting us at [support email]. Upon closure, your data will be handled in accordance with our Privacy Policy.

3.5 Termination by us

We reserve the right to suspend or permanently terminate your account, with or without notice, if you breach any provision of these Terms, engage in fraudulent, abusive, or illegal activity, fail to pay applicable subscription fees after reasonable notice, or use the Platform in a way that harms other users or third parties.

In cases of serious breach, termination may be immediate and without prior notice.

4. Business Model, Payments and User Rights

4.1 Plans

Kontrol operates on a freemium model with paid subscription tiers. The free tier provides limited access to Platform features. Full access requires an active paid subscription. Details of current plans, features included, and pricing are available at [pricing page URL].

4.2 Billing

Paid subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan). By subscribing, you authorize us to charge your chosen payment method at the start of each billing period.

4.3 Free trial and beta access

During the current private beta phase, access may be granted free of charge or at a reduced rate. We reserve the right to modify, limit, or terminate beta access at any time. Beta users will be given reasonable notice before any transition to paid plans.

4.4 Price changes

We reserve the right to change subscription pricing. Business users will be notified at least 30 days in advance of any price change. Consumer users will be notified at least 30 days in advance and will have the right to terminate their subscription before the new price takes effect.

4.5 Refunds

All subscription fees are non-refundable except where required by applicable law. Consumer users in the EU have a statutory 14-day right of withdrawal from the date of purchase, unless the service has already been fully performed with their prior consent.

4.6 Failed payments

If a payment fails, we will attempt to notify you and retry the charge. Continued failure to pay may result in suspension or termination of your account.

5. Acceptable Use

You may use the Platform only for lawful purposes and in accordance with these Terms.

You agree not to use the Platform in any way that violates applicable Italian, EU, or international law or regulation, and not to attempt to gain unauthorized access to any part of the Platform or its infrastructure. Introducing malicious code, viruses, or any software intended to disrupt or damage the Platform is strictly prohibited, as is using the Platform to transmit unsolicited commercial communications. You may not scrape, copy, or redistribute Platform content or data without our express written permission, nor impersonate any person or entity or misrepresent your affiliation with any person or entity. The Platform may not be used to store or process sensitive personal data beyond what is strictly necessary for your legitimate marketing activities, and you may not resell, sublicense, or otherwise commercialize access to the Platform without our prior written consent. Finally, you agree not to use automated tools to access the Platform in a manner that exceeds normal and reasonable usage patterns.

We reserve the right to investigate and take appropriate action against any user who violates this section, including suspension, termination, and referral to law enforcement where applicable.

6. Content Rights

6.1 Your content

You retain full ownership of all data, content, and materials you upload or connect to the Platform ("Your Content"), including campaign data, brand assets, creative files, scripts, and social media content.

6.2 License you grant us

By uploading Your Content to the Platform, you grant us a limited, non-exclusive, royalty-free license to store, process, and display Your Content solely for the purpose of providing the Platform's services to you. We do not use Your Content for any other purpose, including advertising or training AI models, without your explicit consent.

6.3 Our content

All Platform software, design, interfaces, trademarks, logos, and documentation are the exclusive property of [Company Legal Name] or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, or distribute any part of the Platform without our prior written consent.

6.4 User generated content

Where the Platform allows users to create or store content (reports, branding assets, archived files), that content remains your property. You are solely responsible for ensuring that Your Content does not infringe any third-party rights.

7. AI Features and Klara

The Platform includes Klara, an AI-powered assistant that provides insights and answers based on data you have connected to the Platform.

You acknowledge that Klara's outputs are informational only and do not constitute professional marketing, financial, or legal advice. AI-generated insights may contain errors or inaccuracies and should always be verified before being relied upon for any business decision. We accept no liability for any outcome or decision made on the basis of Klara's outputs.

8. Third-Party Integrations

The Platform connects to third-party services including Meta Ads, Google Ads, Google Analytics, TikTok, and Instagram. Your use of these integrations is subject to the respective terms and conditions of those third-party platforms. We are not responsible for the availability, accuracy, or conduct of any third-party service.

9. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy, available at [Privacy Policy URL], and in compliance with the EU General Data Protection Regulation (GDPR) and applicable Italian data protection law (D.Lgs. 196/2003 as amended).

For business users acting as data controllers in relation to their client data, we act as a data processor. A Data Processing Agreement (DPA) is available upon request.

10. Disclaimers of Warranties, Limitations of Liability and Indemnity

10.1 Service availability

We aim to maintain high Platform availability but do not guarantee uninterrupted or error-free service. The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by applicable law.

10.2 Limitation of liability — B2B users

To the maximum extent permitted by law, our total liability to business users for any claim arising out of or relating to these Terms or the Platform shall not exceed the total fees paid by you in the three months preceding the claim. We are not liable to business users for indirect, incidental, consequential, or punitive damages.

10.3 Consumer rights — B2C users

Nothing in these Terms limits or excludes any rights you have as a consumer under applicable Italian and EU consumer protection law, including rights relating to faulty or misdescribed services. Consumer users retain all statutory rights to which they are entitled under applicable law.

10.4 Indemnification — B2B users

Business users agree to indemnify and hold harmless [Company Legal Name] and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Platform, your breach of these Terms, or your infringement of any third-party rights.

10.5 EU/UK practice

For users based in the EU, Switzerland, or the UK, applicable statutory limitations on exclusions of liability apply and take precedence over any conflicting provisions in these Terms.

11. White-Label and Agency Features

Agency accounts on eligible plans may apply custom branding to the Platform interface through the white-label feature. You represent and warrant that you have the right to use any brand assets, trademarks, or logos you apply through this feature. We accept no liability for any intellectual property infringement arising from your use of the white-label functionality.

12. Accessibility

Kontrol is committed to making the Platform accessible to all users. We aim to meet applicable accessibility standards and continuously work to improve the user experience for people with disabilities. If you encounter any accessibility barriers, please contact us at [support email] and we will endeavor to resolve the issue promptly.

13. Common Provisions

13.1 Governing law

These Terms are governed by the laws of Italy. For consumer users, mandatory consumer protection provisions of your country of residence also apply and take precedence where they offer greater protection.

13.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Venice, Italy, except that consumer users in the EU, UK, Switzerland, Norway, or Iceland, as well as consumer users in Brazil, retain the right to bring proceedings in the courts of their place of residence.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. This applies to both EU-type and US-type legal systems.

13.4 Changes to these Terms

We reserve the right to update these Terms at any time. We will notify you of any material changes at least 30 days before they take effect, via email or a prominent notice within the Platform. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. Consumer users have the right to terminate their subscription before updated Terms take effect without penalty.

13.5 Entire agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and us regarding your use of the Platform and supersede all prior agreements or understandings.

13.6 Contact

For any questions regarding these Terms, please contact us at Vertigo SRL, Corte Marin Sanudo 5, Venice (VE), Italy, Email: info@vertigo.it