Terms and Conditions of Use for the Zarcle Service and Platform

 

GENERAL INFORMATION

Zarcle is a service offered by Zarcle S.r.l., Tax Code and VAT number 01917550434, with its registered office in Macerata (MC), at Via Lorenzoni, No. 7.

The service is offered through a Web Platform and Mobile Applications (for example: smartphones, tablets, etc.).

The service is regulated by the following terms and conditions, as well as by the laws of the Italian legal system, where applicable.

Upon registration for the service, it is mandatory to read and accept all the conditions set forth on this page, as well as those related to the Privacy Policy and Cookie Policy, available on the Web Platform and Mobile Applications of Zarcle.

Without this, registration is not possible.

The User acknowledges and accepts that Zarcle is not a party to any agreement, contract, or contractual relationship, of any kind, concluded between the Users of its Platform.

For any information, you can contact our customer service.

TERMS AND CONDITIONS OF USE

This agreement defines the terms and conditions applicable to the service provided by Zarcle S.r.l. through the homonymous Mobile Application.

This agreement is made between the user (also referred to as “client” or “operator”) and Zarcle S.r.l.

INFORMATION ABOUT ZARCLE S.R.L.

Zarcle S.r.l. is a limited liability company registered at the CCIAA of Macerata (MC), in the special section for innovative SMEs, REA No. 192520, Tax Code and VAT number 01917550434.

Our registered office is located in Macerata (MC) at Via Lorenzoni, No. 7, 62100, Italy.

You can contact our customer service via our website: https://zarcle.com/contatti/.

You can also send a registered letter to the following address: Via Lorenzoni, No. 7, 62100, Macerata (MC), Italy.

DEFINITIONS

By way of example and not exhaustively, the following terms must be interpreted as follows within this agreement, the Privacy Policy on the site, and generally throughout all reference legal documentation:

  • Platform, system, site, Zarcle: the set of software through which Zarcle S.r.l. offers users the services and functionalities described in these Terms and Conditions of Use.
  • Application/App: the software, available in iOS and Android versions, installable on compatible mobile devices (such as smartphones, tablets, etc.), which allows users to access Zarcle on the go.
  • Database: the digital archive where user-provided data is stored to allow the system to function.
  • User: the individual, natural or legal person, who registers for the service by filling out the appropriate registration form, providing all required data, and accepting these conditions, as well as any other conditions found on the website www.zarcle.com, in order to use the services and functionalities described below.
  • Client: the user who uses the service by requesting a performance from another user.
  • Operator: the user who uses the service by providing a performance to another user.
  • Registration Form: an online form for entering the data requested by the system in order to complete the registration process.
  • Request Form: an online form for entering data requested to submit a performance request.
  • Username: an alphanumeric string entered by the user during registration to uniquely identify the user account.
  • Password: a personalized alphanumeric string entered confidentially by the user, which, along with the username, grants unique access to the user’s account.
  • Access Credentials: the combination of the username and password.
  • Login: the procedure to access the user account by entering the credentials.
  • Logout: the procedure to disconnect from the account.
  • Account: the set of functionalities, tools, and content assigned to a username by the system, allowing the user to access Zarcle’s services.
  • Performance: any service that can be evaluated economically, provided it is legal under Italian law.
  • Know-how: the set of knowledge necessary and indispensable to offer a particular service, usually professional.

SERVICES PROVIDED AND PAYMENT

3.1 Zarcle is an app-based service that allows users to access:

  • services related to “specific” activities;
  • services related to “general” activities.

3.2 “Specific” services are based on offering performances that, while related to well-defined tasks, do not require recognized training qualifications and are typically provided on an hourly basis.

3.3 “General” services are based on offering “availability” to perform activities of a general nature that cannot be easily classified into specific categories.

In the case of requesting “general” services, Zarcle, through a user-friendly interface, offers clients the opportunity:

i) to request a service simply by providing a brief description of their need; ii) to access services available 24/7; iii) to request anything within the system’s availability and the legality of the request.

3.4 Furthermore, Zarcle has an always-on system nature. This ensures users perceive the system as always available, even during unusual hours, benefiting both clients and operators who wish to offer or request services outside typical working hours.

3.5 For operators, Zarcle:

  • provides software to manage and organize their work schedule, divided into time slots, with the ability to set availability intervals;
  • automatically checks the operator’s schedule and contacts them only if the request matches their actual availability, preventing pointless interactions between operators and clients;
  • automatically provides information to decide whether to accept or decline a service request, eliminating typical operator/client interaction time.

3.6 Registered users, when accessing the main screen, can enter their request in text format. Thanks to complex algorithms based on Machine Learning, Zarcle directs the request to the most suitable operators for that type of service.

3.7 Zarcle conducts a search based on the evaluation of parameters (e.g., geolocation, rating, availability, relevance, etc.), reaching the operator who may accept the job. If the operator accepts, Zarcle will ask for confirmation from the user and, if confirmed, will proceed with the request, indicating the service execution time set by the client. At the end of the designated time, the user/operator, if they have correctly completed the service, will mark it as completed. If this is not indicated by the operator, Zarcle’s server will automatically mark the service as completed after 48 hours.

3.8 The user acknowledges that request screens will be automatically created by the system, based on the content entered in the respective request form. Formatting, management, and visibility of these aspects are the exclusive responsibility of Zarcle S.r.l. Therefore, by accepting these terms, the user authorizes Zarcle S.r.l. to perform all necessary activities to create and publish requests according to its technical and graphic standards.

3.9 Clients will be able to view the following data of operators: name, surname, photo, rating (automatically assigned by the system), number of services performed, experience level, and hourly rate.

3.10 Costs and availability are provided in real-time, before the transaction is finalized, and mutual confirmation is essential for service initiation.

3.11 Service initiation and closure will occur using the app’s functionalities to record the completion of the service.

3.12 Payment between users will be direct, either through a specific agreement between users or via the payment gateway “STRIPE.” With this method, clients paying for a service enter their credit card details in a simple and secure manner; operators, who must receive payment for services performed, must set up a STRIPE account (the activation process is entirely managed through the Zarcle app). For more information on STRIPE, visit: https://stripe.com/it-us/legal/end-users

3.13 The time spent on a service, recorded by the system through mutual confirmations, will be binding between the users.

3.14 Zarcle S.r.l. does not participate in any way in payment mechanisms between users and is not responsible for the outcome, method, or success of any payment transactions.

Zarcle S.r.l. is also not responsible for the outcome, method, or success of any performance agreed between users.

3.15 Zarcle S.r.l. does not operate as an intermediary or mediator and does not facilitate relationships between clients and operators; therefore, it disclaims any responsibility for damages of any kind related to negotiations and services rendered, nor can it influence client ratings of an operator’s skills. Zarcle S.r.l. also does not establish any employment, agency, or collaboration relationship with users, limiting itself solely to providing the services described above. Additionally, Zarcle S.r.l. does not verify the specific skills, quality, or qualifications required for the services provided by users and disclaims all responsibility for this. Evaluation is always the responsibility of the Client, even through the direct evaluation tools available on the platform, which cannot be considered a guarantee of performance efficiency.

3.16 Zarcle S.r.l. reserves the right to assess at any time any phrases, opinions, questions, and/or messages posted on the system and/or exchanged between clients and operators and reserves the right to delete, without notice, any illegal, offensive, or irrelevant content in relation to Zarcle’s ethics and policies. Furthermore, Zarcle S.r.l. will report any illegal behavior to the relevant authorities whenever appropriate and disclaims any responsibility for user behavior that may escape monitoring.

3.17 Explicit acceptance of these terms is required to complete user account registration on Zarcle and enable access to related services.

3.18 Upon registration, the client confirms that they have read and understood these conditions and acknowledges:

  • The service is available exclusively to adults (18+) who are fully capable of acting or to entities with legal personality and the ability to act.
  • Users are responsible for the security, confidentiality, and authorization of any material or information shared using Zarcle and hold Zarcle S.r.l. harmless from any liability in this regard.
  • Users are responsible for using Zarcle in compliance with Italian laws and the laws of the country where they are located, where applicable, holding Zarcle harmless from any liability.

REGISTRATION, USE OF SERVICES AND COSTS

4.1 Accessing the platform and using it is free, except as follows.

4.2 Operators will pay Zarcle S.r.l. the fees listed in the tariff schedules published on the website www.zarcle.com, which are periodically updated.

4.3 The service is reserved exclusively for users/individuals who are at least eighteen (18) years old when registering an account.

4.4 The service is available only to registered users. Each user may create an account by entering all the requested information through the registration form and following the instructions for authentication and access. Once the registration process is completed successfully and verified, entering the username and password will grant the user access to the system and allow them to start offering or requesting services.

4.5 Once the registration process is completed, Zarcle S.r.l. will proceed with verifying the user’s identity through specific procedures. Zarcle S.r.l. reserves the absolute and unchallengeable right to grant or deny access to a user, without any connection to the mere correct completion of the registration form, which does not imply any acquisition of a right for the aspiring user to access the system or any claim to hypothetical compensation in case of denied access.

4.6 The accounts created are strictly personal and non-transferable to third parties. Any violations will be prosecuted according to the law.

4.7 Under no circumstances will Zarcle S.r.l. request a user’s login details, except for technical interventions necessary due to system issues and with the user’s express authorization, and under no circumstances will Zarcle S.r.l. be responsible for illegal and/or incorrect use of the username and password.

4.8 In case of loss of access credentials, the user must activate the username and password recovery procedure through the Application. If problems persist, it is the user’s responsibility to send a report to Zarcle, which will promptly take action, within possible limits, to resolve the issue.

4.9 The user is prohibited from activating and using more than one account unless specifically authorized, as well as from using false and/or misleading information. In this regard, Zarcle S.r.l. reserves the right to suspend the account pending further verification of the entered data.

4.10 Zarcle S.r.l. reserves the unchallengeable right to modify or discontinue the service, temporarily or permanently, with or without notice and at any time. The user expressly waives any claim for refunds, compensation, or indemnity.

4.11 The user declares and acknowledges that all activities carried out using the access credentials to the platform will be exclusively attributed to them, with all related legal consequences, and they assume full responsibility, including under the provisions of Legislative Decree 70/2003.

4.12 Zarcle shall not be held responsible for the services provided through the Applications, the Web Platform, or any other Zarcle websites. The services provided may also be subject to limitations, delays, and/or other issues related to the use of the Internet and/or electronic communications, and Zarcle does not guarantee that they will always be available or error-free.

REQUESTS AND ADDITIONAL COSTS

5.1 Users agree to use the Services and Platform solely for the purpose of being put in contact with people (operators) who choose to offer the services requested by the users.

5.2 Users/operators offering the requested service to users/clients undertake not to request additional costs (except for the case outlined in point 5.3 below), i.e., higher than the initially requested amount for the execution of the service.

5.3 A user/client, upon initially requesting a service, may add extra requests (which involve an additional cost); however, these must be expressly requested and expressly accepted by the operator.

5.4 If no extra requests are made by the user/client, the operator must adhere to their hourly rate (provided that the hours required by the user/client are in line with the hours necessary for completing the requested service).

CANCELLATION POLICY

6.1 The cancellation or expiration of a service request or failure to confirm its execution is subject to the following rules.

6.2 First, it is specified what is meant by “expiration of the request.” A service request by a user/client is considered expired when:

  • 30 minutes before the scheduled time for the service, the client has not received any execution offer;
  • The client receives an execution offer from the operator but does not confirm it within the next 10 hours (after 10 hours from the offer, the offer is considered expired) or within 30 minutes before the scheduled service time.

6.3 A user/client may not make other service requests without first registering a credit card in the following cases:

  • They cancel a request after the operator has accepted or after confirming with the operator;
  • They do not confirm to the operator who has accepted before the request expires;
  • They request to “change operator.”

6.4 If the cancellation or expiration of the request occurs by a user/client who has already registered their credit card, cancellation penalties will apply.

  1. A payment of an applicant_fine (1€) is requested when the user/client, after the operator has accepted the request but before the client has confirmed with the operator:

    • Cancels their request, or
    • Lets their request expire, or
    • Requests to “change operator.”

  2. A payment of a cancellation_fee_basic (2€) is required if the user/client, after confirming with the operator, cancels the service more than 10 hours before the scheduled service time.

  3. A payment of a cancellation_fee (70% of the total service value) is required if the user/client, after confirming with the operator, cancels the service less than 10 hours before the scheduled service time.

All customer payments are issued:

  • In favor of the operator if the operator has a registered account;
  • In favor of Zarcle if the operator does not have a registered account.

CANCELLATION PENALTY TABLE

 

Applicant_fine

1€

 User/customer, after the operator has accepted the request, but before the customer has confirmed with the operator:

  • cancels their request, or
  • lets their request expire, or
  • requests to “change operator”
Cancellation_fee_basic

2€

 User/customer, after confirming with the operator, cancels the service more than 10 hours before the scheduled time for the service.
Cancellation_fee

70% of the total value of the service

 User/customer, after confirming with the operator, cancels the service less than 10 hours before the scheduled service time.

 

  1. PROHIBITIONS AND VIOLATIONS

    7.1. It is strictly prohibited to publish or input in any way on the pages of the site any information that may contain pedophilic, pornographic, obscene, blasphemous, offensive, defamatory, or otherwise inappropriate content for minors.

    7.2. It is also strictly prohibited to transmit files that may potentially be infected with viruses and/or originate from unsafe sources, or files that may be considered potentially harmful (e.g., viruses, spyware, malicious code, Trojan horses, etc.). In general, the use of the platform or performing actions that may damage, disable, overload, or compromise the system’s functionality, or interfere with third-party use, is prohibited.

    7.3. The obligations and warranties outlined in this article, as well as those possibly provided in other articles or sections of this contract, extend to the user’s employees, collaborators, sub-agents, and/or agents.

    RESPONSABILITY

    8.1. The user will be responsible for any damage incurred by Zarcle as a result of violating these Terms and Conditions of Use, misuse of Services provided through Applications, Web Platform, and/or other websites, and/or violation of laws or third-party rights.

    8.2. The user will also be responsible for all activities conducted through their account, unless they prove that the activities were conducted without their authorization and without negligence; even in such cases, Zarcle will not be responsible for the aforementioned activities.

    8.3. To access the Services provided through Applications, Web Platform, and/or websites, the User agrees to indemnify, defend (at our discretion), and hold us and our workers, agents, directors, and employees harmless from and against any claims, liabilities, expenses, damages, penalties, fines, contributions, or taxes arising from, or related to, the violation of these Terms and Conditions of Use, violation of applicable laws, or claims by third parties, whether directly or indirectly related to the user’s use of the Services provided via Zarcle.

    LIMITATION OF RESPONSABILITY

    9.1. Nothing in these Terms and Conditions of Use limits or excludes liability that cannot be legally limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation, nor can it alter the user’s rights as a consumer that cannot be waived under applicable law.

    9.2. In relation to or in connection with these Terms and Conditions of Use, we are not liable (including, for example but not limited to, liability arising from breach of contract or tort, including cases of negligence, false or inaccurate statements, repairs, or otherwise) for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of expected savings; (v) loss of use or corruption of software, data, or information; (vi) loss or damage to goodwill; and (vii) indirect or consequential loss related to the use of the Services provided via Applications, Web Platform, and/or other websites.

    9.3. Except as provided in clause 7.1, we are not liable for:

    • damages or losses arising from any transaction between you and an operator; or
    • the availability and accuracy of content, quality, products, or services of the operator.

    9.4. We are not responsible for delays or failures in performance due to causes beyond our reasonable control.

    9.5. To the extent permitted by law, we exclude all warranties and disclaim any responsibility for any acts or omissions by you or third parties.

    WITHDRAWAL AND TERMINATION

    10.1. The User is free to use the Services provided through Applications, Web Platform, and/or other websites (if available) and may withdraw from these Terms and the aforementioned Services by deleting their account.

    10.2. Zarcle may terminate these Terms and prevent the user from accessing the Services provided via Applications, Web Platform, and/or other websites immediately if it believes that the user has violated these Terms or any other agreement between them and Zarcle.

    10.3. Zarcle may, at its sole discretion, terminate the contract or interrupt the Services via Applications, Web Platform, and/or other websites at any time.

    10.4. If Zarcle is unable to charge the costs to the payment method provided by the user, Zarcle may suspend or remove their access to the mobile application and/or Zarcle websites until the payment is made.

    10.5. The User must immediately pay any outstanding amounts due to Operators and/or Zarcle at the time of contract termination. All amounts due and outstanding will survive the termination of these Terms and Conditions of Use. Zarcle also reserves the right to collect payment even after termination.

    DISPUTES AND CLAIMS

    11.1. Users agree to report any inappropriate interactions to Zarcle S.r.l. A Zarcle staff member will handle the report and communicate the outcome of the investigation to the parties.

    11.2. Zarcle S.r.l. reserves the unquestionable right to modify or discontinue the service, temporarily or permanently, with or without notice, at any time. The user expressly agrees, waiving any right to a refund, compensation, or indemnity.

    INACTIVITY

    12.1. In the case of user inactivity, i.e., if no service requests are made through the user’s account for over a year, Zarcle may send an email to the registered address notifying that if no response is received within two months from the email date, Zarcle will proceed with the closure and deletion of the account, resulting in the loss of data, credit, promotion, and/or any accumulated rights.

    COPYRIGHT AND INTELLECTUAL PROPERTY

    13.1. All rights not expressly granted by these Terms and Conditions of Use are reserved. All content and materials (including trademarks, images, domain names, and software), except for user-generated content, are – unless otherwise stated – the property of Zarcle S.r.l., protected by Italian copyright law and national, community, and international intellectual property regulations.

    13.2. The services provided by Zarcle S.r.l. through its software (including but not limited to: Web Platform, Mobile Applications, any additional websites), devices, and all data collected through Applications or Web Platform (including all intellectual property rights) are and remain the property of Zarcle S.r.l. or its licensors. The User cannot, nor allow third parties to: (i) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or rent any part of the Applications, Web Platform, and/or any other websites of Zarcle; (ii) decompile or attempt to extract the source code of the Applications and/or Web Platform and/or other websites of Zarcle, unless permitted by law; (iii) initiate or cause programs or scripts to scan, index, probe, or otherwise extract data from any part of the Applications, Web Platform, and/or other websites; (iv) use, display, or manipulate any of Zarcle’s Names, Trademarks, or Works for purposes other than using Zarcle’s applications and/or services; (v) create or register (1) businesses, (2) domain names, (3) URLs, (4) software application names or titles, or (5) social media pseudonyms or profiles that include Zarcle’s Names, Trademarks, or Works or any substantially similar name, trademark, title, or work that may cause confusion; (vi) use Zarcle’s Names, Trademarks, or Works as account images and/or profile or background images on other social media and/or platforms; (vii) purchase keywords (such as, for example but not limited to, Google AdWords) containing Zarcle’s Names, Trademarks, or Works; (viii) register, use, quote, copy, and/or claim ownership of Zarcle’s Names, Trademarks, or Works.

    13.3. It is not permitted to register such content, either in whole or in part, on any medium, nor to reproduce, modify, publish, distribute, or use them for commercial purposes without prior written authorization from Zarcle S.r.l.

    FINAL PROVISIONS

    14.1. Zarcle S.r.l. reserves the right, at its discretion, to:

    • change, modify, add, or remove parts of these terms at any time, notifying users via the app’s message area and email to registered users;
    • access user content, where necessary and essential to modify and delete content that violates these terms, or when ordered by judicial or police authorities;
    • report illegal activities or activities reported by users to the competent authorities for appropriate verification;
    • use, without limitation, user content and materials uploaded to areas of the site accessible by other users, for promotional and advertising activities of Zarcle and its partners.

    14.2. Zarcle S.r.l. disclaims any responsibility for the continuity of service use, proper display, access speed, and any issues caused by variables, factors, or circumstances not directly controllable.

    14.3. The user waives any indemnity or compensation for data loss or damages of any kind related to such circumstances or in the case of service deactivation, suspension, or closure.

    14.4. If any clause is invalid or ineffective, the invalidity or ineffectiveness will not extend to the remaining contract clauses.

    14.5. The latest version of these terms and conditions can be viewed at the following web address: https://zarcle.com/termini-e-condizioni-duso/

    ACCEPTANCE OF THE CONTRACT

    15.1. Zarcle S.r.l. undertakes to make all documents related to the Terms and Conditions of Service, Privacy Policy, and Cookie Policy easily visible and accessible, promptly notifying users of any changes or additions.

    15.2. All the conditions of use of the service, contained in any part of the www.zarcle.com site, are considered read, understood, and accepted upon completion of the registration procedure on Zarcle. This procedure cannot be completed without explicit acceptance of these and all other terms.

    DISCLAIMER

    16.1. Zarcle S.r.l. is in no way responsible for the information entered by the user when filling out forms – particularly regarding accuracy, completeness, non-deceptiveness, legality – nor is it obligated to verify or control them.

    16.2. Zarcle S.r.l. undertakes to provide services according to the quality standards appropriate to the ordinary professional diligence of the sector.

    16.3. Zarcle S.r.l. cannot be involved in contractual relationships that may arise between users related to services or negotiations. As a result, Zarcle S.r.l. cannot be held responsible for non-compliance or disputes arising from contracts concluded between users or pre-contractual measures, nor any damages, direct or indirect, resulting from the failure to conclude a potential contract.

    16.4. In any case, the User agrees to indemnify and hold harmless Zarcle S.r.l. from any detrimental consequence resulting from the improper use of the platform.

    PERSONAL DATA PROCESSING

    17.1. Processing activities will be carried out in accordance with Regulation (EU) 2016/679 (“GDPR”) and the Privacy Code.

    For further information, please refer to the Privacy Policy, available on the Zarcle platform and specifically accessible at: https://zarcle.com/privacy-policy/

    The Cookie Policy, also available on the Zarcle platform, is accessible at: https://zarcle.com/cookie-policy/

    17.2 By accepting these Terms and Conditions of Use, the user declares that they have reviewed the above documents (Privacy Policy, Cookie Policy) and agree to the necessary compliance with them.

    ADDITIONAL PROVISIONS

    18.1. Zarcle is free to modify these Terms and Conditions of Use from time to time. Zarcle will inform Users of the changes within a reasonable time by sending an email. The User will be bound by the contractual changes once notified. If the User disagrees with the changes, they are free to delete their account as provided in clause 8.1.

    18.2. The invalidity of any clause in these Terms and Conditions of Use does not affect the validity and applicability of the remaining clauses.

    18.3. Zarcle may assign, subcontract, or transfer the entire contractual relationship resulting from these Terms, or any of our rights or obligations contained herein, to third parties, in whole or in part, without prior consent, provided that this does not reduce the rights entitled to the user under these Terms or by law. The User may not assign, subcontract, or transfer the contractual relationship resulting from these Terms or any of our rights or obligations to third parties.

    18.4. These Terms represent our entire agreement with the User, along with any further agreements related to the provision of Services through Applications/Web Platform/any other websites.

    18.5. There are no third-party beneficiaries of these Terms, except as expressly provided here.

  1. APPLICABLE LAW AND EXCLUSIVE JURISDICTION

    19.1. The use of the Zarcle platform and access to it are governed by Italian law. Any dispute related to or connected in any way to accessing and/or using the service will be under the exclusive jurisdiction of the Court of Macerata, except in cases where the so-called Consumer Court applies, as regulated by Italian law in this regard