1. Who we are and what these terms cover

Muffin Staff is the shift and attendance software from Muffin Suite, the name Antonio Fuccillo trades under, a sole proprietorship with its registered office at Via Molini 26, 36055 Nove (VI), Italy. P. IVA 04650850243, email info@muffin-suite.com, certified email (PEC) antonio.fuccillo@pec.it, phone +39 352 012 5997. The same details, in full, are in the legal notice, which is the page of whoever publishes the site and the software. In the rest of this page Muffin Suite is us, and you are the client.

These terms cover the use of Muffin Staff and the subscription to the service. Together with the contract you sign and with the data processing agreement they make up the agreement between us and you. The privacy notice is not a contract: it's the document where we explain how we handle the data we control, and you'll find it referred to where it matters.

The descriptive pages of the site, the screens and the prices published are there to help you understand the product: they are not a binding public offer, the contract comes about as explained in section 2. One commitment stands, though: the length of the free trial advertised on the site at the moment you ask us to set you up is guaranteed to you, as we say in section 4.

The information you must have before contracting is what is above and what is in the contract, as Legislative Decree 70/2003 on electronic commerce provides.

The two ways of using it

Muffin Staff is used in two ways, and nearly everything you read below changes depending on which one you chose.

In the cloud, on muffin-staff.it: the software runs on our server and the data sits there.
Installed on your company's PC, started with avvia.bat and with the database on your computer: in this case the data never passes through us. We hold no copy of it and we have no access to it.

2. How the contract comes about, and with whom

Muffin Staff is sold only to companies, professionals and organizations, to organize their own staff. It isn't a consumer product.

Whoever signs declares that they can do so in the company's name: owner, legal representative or a person with authority. Anyone who signs without that power answers for the loss we suffer from having relied, through no fault of our own, on the contract being valid, under art. 1398 of the Italian Civil Code.

How it is concluded

There is no paper contract to print, sign and send back. You accept the conditions inside the software: the first time you log in you are shown this text and asked for the two separate confirmations described in section 18 — one on the terms as a whole, one specifically on the list of clauses. The contract is concluded at that moment, and the trial or the subscription runs from there.

Paying is not accepting. Logging into the software or settling the first invoice is not enough on its own: until you give both confirmations, the clauses listed in section 18 have no effect. It protects you, not us.

For every acceptance we record who gave it, when, from which IP address and which version of these documents they had in front of them: that is the evidence that stands in place of a signature. If you would rather sign for real, that can be done — see section 18.

You are not a consumer

Because the contract is between businesses, the rules laid down for consumer contracts don't apply, in particular the fourteen-day right of withdrawal in arts. 52 and following of the Italian Consumer Code (Legislative Decree 206/2005). What you have instead is the free trial described in section 4.

What does stand, because it applies to businesses too, is the law on misleading advertising between professionals (Legislative Decree 145/2007) and the rules on unfair commercial practices that apply to micro-enterprises (art. 19(1) of the Italian Consumer Code). If what we promise on the site doesn't square with what we write here, the promise that favors you is the one that counts.

3. What Muffin Staff does, and what it doesn't do

Muffin Staff is there to plan the shifts, record attendance and keep staff hours and costs under control.

The software does this	The software doesn't do this
Staff records, contracts, holidays and leave	It doesn't work out the payslips
It builds the shifts within holidays, days off and contract hours	It doesn't keep the single employment ledger
Clock-ins with a rotating QR code, absences, tips	It doesn't file anything with INPS, INAIL or the employment office
Statistics on hours, costs and attendance, with export to Excel	It doesn't work out contributions, withholdings and tax filings
Managing the subscription and the payment schedule	It sends your employees the service emails listed in section 4, and it collects the fee through Stripe. Apart from these, it doesn't send your data to third-party services; and every notice appears on screen anyway when you enter the software, even if the email doesn't go out

The software doesn't call outside services on its own. The only link to the outside is the WhatsApp button on the Support page: until you press it nothing goes anywhere, and if you do press it WhatsApp opens with a message already written, carrying your name and the venue's name. From that moment WhatsApp's own notice applies, and WhatsApp is run by Meta Platforms Ireland.

That the software doesn't call outside services doesn't mean the service has no suppliers: the cloud server belongs to OVH SAS, in France, and the contractual communications are sent to you by us, by email or certified email from our own mailboxes, not by the software. There are two lists of suppliers and they shouldn't be mixed up: the sub-processors that handle your employees' data are listed in the agreement described in section 10, with the 30 days notice for changes; the recipients of the data we control — contract, subscription, invoicing, support — are in the table in the privacy notice, and that's the one that governs.

The national agreement figures are indicative

The software comes with figures pre-filled from the Italian hospitality agreement (CCNL pubblici esercizi), CNEL code H05Y: premiums, public holidays, night work and the like. They are there to give you an estimate of what a shift costs while you are planning it.

They are indicative and have to be checked with your payroll consultant. If you apply a different collective agreement, or if yours has local or company-level agreements, the figures have to be changed: no pre-filled number takes your situation into account. The cost estimates you see in the statistics are an aid to planning, not a payroll calculation.

How it builds the shifts

The generator is deterministic: it applies rules and priorities you set yourself (how many people you need per slot, jobs, holidays, days off, contract hours, preferences). It uses no machine learning and it doesn't learn from your data.

What it produces stays a proposal: reviewing it, changing it and approving it before publishing it to the workers is a contractual duty of yours, not an option of ours. The human review has to be a real one. The clock-in QR code doesn't detect anybody's location.

Compliance stays your responsibility

You are the employer. Complying with working time and rest rules (Legislative Decree 66/2003), classifying the employment relationships correctly, the pay, the contributions and the duties towards the workers, including the notice on how their data is handled, all stay yours. Yours in particular are:

what art. 4 of Law 300/1970 provides on remote monitoring, as it relates to recording attendance;
the duties to inform workers and unions about the use of automated decision-making or monitoring systems under art. 1-bis of Legislative Decree 152/1997: it's for you, with your consultant, to work out whether and how they apply to the way you use the shift generator and the clock-ins;
the choice of who, in your venue, sees which data.

Muffin Staff is a tool, it's no substitute for your payroll consultant or your accountant.

4. Setting up the account and the free trial

In the cloud there are two routes. If you open the account yourself, from the site, you choose the password and there is no forced change on first login. If instead we are the ones who create the venue and the owner's account, we give you a random initial password that the software makes you change the first time you log in. From there on, in both cases, you create the employees yourself.

The software sends your employees a few service emails, and nothing else: the initial password to whoever logs in for the first time, the shifts as soon as you publish them, a shift assigned or changed or taken away, and the outcome of an absence request or a shift swap. They are not advertising and they can't be switched off, because they are how the software does its job. If the email doesn't go out the operation carries on anyway: the notice stays visible inside the software.

In the version installed on your own PC we hand you the software and the instructions: the installation, the computer, the power and the backups are your business.

The free trial

We tell you the length of the trial in writing when we open the account, and it is never less than the length advertised on the site on the day you asked us to set you up: what is published today is two months, that is 60 days. We can agree a longer one; a shorter one, no. During the trial you pay nothing and you are not committed to carrying on.

What happens when it runs out

Once the trial is over you have 7 days of grace: you carry on working as normal and the owner sees a notice saying how many days are left. If the subscription isn't active by then, access to the software closes, for you and for your employees.

It isn't a deletion. The data stays where it is, exactly as it was, for 90 days, and within those 90 days you can ask us for a copy of your data: how to do it is written in section 11. If you start the subscription, access comes back and you find everything there: shifts, clock-ins, staff records, history. After the 90 days the data is deleted.

The same applies when the contract has been running and then ends, or when a fee goes unpaid: there is one regime only, and it's the one in section 11.

5. License to use

We don't sell you the software: we give you the use of it for the length of the subscription. The software is protected by copyright law (Law 633/1941, arts. 64-bis and following).

The license is non-exclusive, non-transferable and cannot be sublicensed, limited to the venues named in the contract and to the purpose of organizing your own staff. You can let your employees and contractors use it, each with their own login and within the limits of their role: they remain your own affair.

You can't use Muffin Staff to provide a service to third parties, to manage the staff of companies that aren't yours, nor resell it or let somebody else use it. If you are a consultant and you want to use it for your clients, let's talk first: that takes a different agreement.

In the version installed on your own PC the license covers the computers agreed on. You can keep one backup copy, as art. 64-ter of Law 633/1941 allows; you can't make further copies.

When the contract ends the license ends. In the installed version you have to stop using the software and uninstall it; your data stays yours and stays on your computer.

6. Proper use

There are things that can't be done, and they are the ones that put somebody else's data, or everyone's service, at risk:

sharing credentials, or letting somebody other than the account holder use them;
trying to get into another venue's data, or getting around the separation between companies;
extracting data in bulk or automatically, with scripts, bots or similar tools, outside the software's own export functions;
getting around or switching off the protections: authentication, session expiry, the lifetime of the QR code tokens, the limits on clock-ins;
making copies of the software, decompiling it or deriving its source code beyond the cases the law allows and that a contract can't exclude;
uploading unlawful content, or using the software for purposes other than organizing your own staff;
writing diagnoses, certificates or any other health detail into the free-text fields, as explained in section 10;
overloading the service, or running security and intrusion tests without our written agreement;
having one person clock in for another, or altering the attendance data.

If we find use of this kind we can act as set out in section 14.

7. Accounts, credentials and technical requirements

Every person has their own login. Credentials are personal: whoever logs in with yours is treated as you.

You are the one who decides who has an account in your venue, with which role, and who closes it when a person leaves. Keep them up to date: it's the first security measure, and for your employees' data you are the data controller.

If you suspect somebody got in where they shouldn't have, change the password straight away and tell us. The software is built so that changing the password drops the sessions open elsewhere, and so that the log-out button also invalidates any cookies copied onto another device.

What you need to use it

In the cloud: an up-to-date browser and an internet connection. The connection is always over HTTPS.
For QR code clock-ins: a screen on site, tablet or computer, showing the code, and a phone with a camera for whoever clocks in.
Installed on your own PC: a Windows computer, switched on when you need it, with Python already installed; on the first run avvia.bat sets everything up by itself. The software opens in your browser at http://localhost:8000 and stays reachable from the other devices on your local network as well: if you don't want that, put it on a separate network or close the port on your firewall. That connection has no HTTPS, so the session cookie travels in the clear over your network: if you use it from more than one device, protecting that network is a security measure that falls to you as the controller (art. 32 of the GDPR). It needs Windows 10 or later and Python 3.12 or later: those are the versions the program is built and tested on, and we neither install nor check anything older than Python 3.12.

If your browser is old, or the connection is down, that isn't a fault in the software.

8. Price, invoicing and term

You pay a fee per venue, not per user: the bill isn't worked out by the number of accounts. If you run two businesses, there are two fees.

Item	How it works
What you pay for	One fee for each active venue, not per user
Billing period	Monthly or yearly, as stated in the contract
Amount	The one agreed and written into your contract. The list price published on the site is 37 € a month per venue, VAT excluded, always the same and with no headcount thresholds: that's the commercial reference, the amount that governs is the one agreed in the contract. For unusual situations the fee is agreed before signing
VAT	The agreed fee is the net amount: VAT is added at the statutory rate, ordinarily 22%. For taxable clients established in other member states the transaction is outside the scope of Italian VAT under art. 7-ter of Presidential Decree 633/1972 and the invoice is issued without tax, under the reverse charge
Invoicing	We issue the invoice under the Italian e-invoicing rules, on the billing details you give us
Start date	From the date stated in the contract, which is also the date the due dates run from

Renewal and cancellation

The subscription renews by itself for a period equal to the last one, unless one of the parties cancels. Cancellation is sent by email or certified email to the addresses given in section 19, 30 days before the end of the current period, for the monthly fee and for the yearly one alike.

The period already paid for runs to its end and isn't refunded: until it expires the service stays on and you use it as normal.

Price changes

We can change the fee at the end of each period, giving you written notice 30 days in advance. If the new price doesn't suit you, you can cancel by that same date at no cost, and until it expires you pay the old fee.

If you don't pay

Late payments accrue the interest that Legislative Decree 231/2002 provides for commercial transactions.

If an invoice goes unpaid we send you a written reminder. 7 days after the due date with no payment we can suspend ordinary use of the service under art. 1460 of the Italian Civil Code; after 30 days we can terminate the contract under art. 1456.

Suspending doesn't mean deleting, and it doesn't mean losing your data: it stays where it is and the 90 days in section 11 apply, within which you can ask us for a copy of your data. The duties the GDPR puts on us as data processor, including the help we owe you in answering your employees' requests, are still owed while you are in arrears: we don't suspend them and we don't hold them back as a defense of non-performance.

9. The software is ours, the data is yours

Let's put it bluntly, because it's the part people care about most.

The data is yours. Staff records, shifts, clock-ins, absences, tips, statistics, everything that goes into the software stays your property. We don't use it for anything else: we don't sell it, we don't pass it on, we don't aggregate it to build statistics or products of our own, we don't use it to train anything. We handle it only to make the service work for you, on your instructions.

Every venue is separate from the others: two clients never see each other and never exchange anything. The separation is enforced by the software on the database queries and by the constraints of the database itself.

The software is ours. The code, the interface, the database structure, the documentation, the names Muffin Suite and Muffin Staff, the logo and the domains muffin-suite.com, muffin-staff.it, turnipizzeria.it, turniristorante.com, turnibar.it and turnigelateria.it remain Antonio Fuccillo's. The subscription transfers none of them to you.

You can't use our name or our logo in your own communications without our written consent, other than simply saying that you use Muffin Staff.

If you send us suggestions on how to improve the software, we are free to use them and owe you nothing for them. They don't become yours because you were the one who thought of them, and they don't become an obligation for us.

10. Handling personal data

There are two roles here and they have to be kept apart, because the duties differ.

Which data we mean	Who is the controller	Who is the processor
Your employees' data inside the software	You, the client venue, as the employer	Us, under art. 28 of the GDPR
The site, contract, subscription and invoicing data	Us	—

On your employees' data you decide: why you handle it, which legal bases you use, how long you keep it, what notice you give people. We handle it only on your instructions and to make the software work for you.

Sickness and injury are health data

Health data ends up in the software too, because sickness and injury are types of absence. They are special categories under art. 9 of the GDPR and have to be handled as such. Here is what that means in practice.

The software records the bare minimum: only the type of absence and the dates. No diagnosis, no certificate, no health attachment.
Don't write any more than that. You are contractually forbidden from entering diagnoses, certificates or health details in the notes fields or in any other free-text field. If you do, that processing is yours and stays yours.
The legal basis is yours. As a rule it's art. 9(2)(b) of the GDPR — obligations in the field of employment and social security law — read together with art. 88 of the GDPR, art. 2-septies of Legislative Decree 196/2003 and the Garante's rules on employment relationships. Check it with your consultant.
You decide who sees what. In the software an employee sees their own shifts and their colleagues' published shifts, but not their colleagues' absences: the reason for an absence is seen by the owner and by the profiles you authorize. Letting someone who isn't authorized know that a person is off sick or injured is a disclosure of health data to people with no right to it, and the responsibility is yours.
What we do. Passwords protected with scrypt and a salt, signed and revocable sessions, QR code tokens valid for 30 seconds, HTTPS compulsory in the cloud, separation between venues, activity log, nightly backup. The measures are described in full in the agreement below.
The presence of art. 9 data weighs on your assessment. If you have to carry out an impact assessment under art. 35 of the GDPR, take it into account: the assessment falls to you as the controller, and we give you the information you ask us for.

The processing agreement

The details, the security duties, the list of sub-processors, the term, the deletion and the help we owe you in answering data subjects are in the data processing agreement under art. 28 of the GDPR, which you sign along with the contract and which forms an integral part of it. The agreement provides for general authorization of sub-processors, 30 days notice for changes to the list and your right to object by withdrawing at no cost.

Today the cloud infrastructure supplier is OVH SAS, with servers in France. It is not, however, the only one handling data on our behalf: the software sends your employees the service emails listed in section 4 — and so goes through our email providers, who are sub-processors for that data — and collects the fee through Stripe Payments Europe, which receives what the payment needs and never your employees' data. The full list of recipients, by category and with the capacity in which they receive the data, is in the privacy notice: that is the document that governs.

OVH makes available to clients a data processing agreement under art. 28, available on request, which includes the standard contractual clauses of Implementing Decision (EU) 2021/914 for any transfers. Apart from the service emails and the payment collection, the software sends your data to no third-party service, and the only thing that goes out if you press it is the WhatsApp button described in section 3.

For the data we control — contract, subscription, invoicing and support — you'll find the information in the privacy notice and on the cookies page. In short: there is no profiling, and in the software we use technical cookies only, listed one by one with name and lifetime on the cookies page. The recipients of that data are set out in the privacy notice: that's the document that governs.

If the software is installed on your own PC

In the version installed on your own PC we handle nothing: the data doesn't leave your computer, we hold no copy of it and we don't access it. The installed software doesn't contact our servers: it checks no licenses remotely, it sends no telemetry and it reports no errors to us. You are the controller, full stop.

The only possible exception is support: if you ask us for work that involves access to your data, that access happens only with your written authorization, case by case. For the local installation too you sign the art. 28 GDPR agreement along with the contract, and there it covers only the work you authorize us to do. Every access leaves a trace in the software's activity log, and we don't copy your data without a written instruction from you.

Data protection officer

We have not appointed a data protection officer (DPO). Why, the criteria by which we review that assessment and the contact point for personal data matters are in the privacy notice.

11. Export, switching provider and getting your data back

While the contract is running

From inside the software you can export whenever you like, without asking anybody, the Excel sheets of the clock-ins and of the statistics for the period you choose.

For the rest of the data — staff records, contracts, shifts, absences, holidays, tips — there is no export from inside the software today: you can ask us at any time, in writing, for a complete copy of all your venue's data. We hand it over within 15 days of the request, free, in a structured, commonly used and machine-readable format.

Switching provider

The cloud service is a data processing service within the meaning of Regulation (EU) 2023/2854, and the rules in its Chapter VI apply to us. In concrete terms:

you can move to another provider, or bring everything in house, giving us notice of no more than two months;
from the moment you ask, you have a transition period of at least 30 days, extendable at your request if you need longer;
we hand over all the data you entered and the data generated by your use of the service, in the formats set out above;
we prepare the extract ourselves on your written request: there is no button in the software today that downloads everything on its own;
we give you reasonable help with the move and explain how the extract is put together;
we charge you nothing for the move or for extracting the data.

When the contract ends, in the cloud

When the contract ends, when a fee goes unpaid or when the trial isn't converted, access to the software closes, for you and for your employees. It isn't a deletion: the data stays stored for 90 days from the end.

Within those 90 days you can ask us for a copy of your data, writing to info@muffin-suite.com or to the certified email address in section 19. We send it to you free, within 15 days of the request, in a structured, commonly used and machine-readable format. It applies as well if you only used the free trial and never took out the subscription.

Within those same 90 days you tell us what you want done with it, as art. 28(3)(g) of the GDPR provides: full return of the data, or deletion. If you tell us nothing, after the 90 days the data is deleted.

Deleting data while the contract is running

You can delete a single person from the software at any time. To delete the whole business you have to ask us in writing: we carry it out, and it takes away all the attached staff records along with it.

In both cases the operation can't be undone from inside the software. Before going ahead, check your own retention duties: the single employment ledger, pay data, accounting records (art. 2220 of the Italian Civil Code). You are the controller of that data, and the choice to delete it is yours.

When we delete a whole business, the software first saves a copy of it to a file on our server, so that nothing is lost if there has been a mistake, and that copy goes into the nightly backup. We keep it 90 days, then it is deleted: the nightly maintenance flags it and a person carries out the deletion, because an automatic deletion started by mistake couldn't be recovered; from the dated backup copies it disappears within the following seven days, as explained in section 12.

Tax data and invoices we keep for 10 years, because art. 2220 of the Italian Civil Code requires it of us: that retention can't be deleted on request.

In the version installed on your own PC there is nothing to give back: the data is already yours and it sits on your computer. The backups are yours to make too.

12. Service availability, maintenance and backups

We do what we can to keep the service up and reachable, but we don't promise what we can't guarantee.

There is no guaranteed service level with penalties. No contractual uptime percentage, no automatic compensation for outages. If the service stays down for a long time through our fault, the ordinary remedies at law apply, and so does the cap in section 13.

The nightly maintenance

Every night, around 4:30 (Italian time), the server clears things out, runs the backup and restarts. The service is unreachable for the length of the restart, a few tens of seconds. If the backup fails, the restart isn't carried out: the data first, everything else after.

For extraordinary work that calls for a longer stoppage we tell you in advance, when we can. For urgent security work we can act straight away and tell you afterwards.

The backup, told straight

Every night the server rebuilds the main archive, which replaces the previous night's, and it also keeps the last seven dated copies. That means deleted data disappears from the main archive on the first night after, and from the dated copies within seven days.

The archives sit on the same machine that hosts the service. They are there to put right a fault or a recent mistake, not to reconstruct what the data looked like a month ago, and they don't protect against losing the machine.

We undertake to run it every night and to restore the data with our best care if it's needed. You would still do well to export your data from time to time, with the functions in section 11.

Where it runs

The cloud service runs on a server from OVH SAS in France (Hauts-de-France), so inside the European Union. The site is hosted with the same supplier and in the same country. We don't answer for outages that come down to your connection, your browser, your device or general network faults.

In the version installed on your own PC availability depends on your computer alone: if it's off, the software isn't there. The backup, in that case, is yours to make too.

13. Warranties and limitation of liability

We are a sole proprietorship and we sell a subscription costing a few tens of euros a month: the rules below are there to keep the risk in proportion, without writing clauses that wouldn't stand.

We undertake to provide the service with professional care and to fix the faults you report to us. We don't warrant that the software is free of errors, nor that it is fit for purposes other than those described in section 3.

We don't answer for:

indirect losses: lost profit, loss of goodwill or of clients, damage to reputation, the cost of replacement;
the penalties, challenges or costs that come from obligations that stay yours: pay, contributions, working time, compulsory filings, notices to workers;
the consequences of using the pre-filled collective agreement figures without having had them checked, as said in section 3;
the decisions you take from reading the software's numbers;
data entered wrongly, or entered by people you authorized yourself;
in the version installed on your own PC, the loss of the data on your computer, of your backups, of your own breakdowns;
events outside our reasonable control: failures at OVH SAS or at its datacenter, power cuts, network outages, orders from the authorities, disasters.

In the cloud version, keeping your data safe is our main obligation, not a side service: on that we answer according to the commitments in section 12, and we don't hide behind the fact that you could have exported it. The exemption for not having exported applies only to the data the software lets you export on your own, and within the limits of section 11.

For the rest, where we are liable, the total we owe you for the whole relationship in a year doesn't exceed the sum of the net fees you paid us in the twelve months before the event that caused the loss.

These limits don't apply, and couldn't apply, in cases of willful misconduct or gross negligence on our part: art. 1229 of the Italian Civil Code voids any agreement that excludes or limits them. They don't apply to personal injury, nor where a mandatory rule forbids it. They don't touch the liability towards your employees under art. 82 of the GDPR, which follows its own rules and the agreement in section 10.

14. Suspension and withdrawal

When we can suspend

We can suspend ordinary use of your venue if: you don't pay within the terms of section 8; you use the software in one of the ways forbidden in section 6; your use puts security, other clients' data or the stability of the service at risk; an order from the authorities requires it of us.

First we tell you in writing and, where possible, we give you time to put it right. In urgent security cases we suspend straight away and tell you as soon as it's done. The suspension lasts until the cause is removed. Here too: suspending isn't deleting. The data stays, and so does your right to ask for a copy within the 90 days in section 11.

When you can withdraw

You can cancel at the end of the period, with the 30 days notice in section 8. You can also withdraw straight away if we raise the price or change the terms in a way that weighs on you, in the cases set out in sections 8 and 15, and if we assign the contract, in the case set out in section 17.

Termination

Either of us can terminate the contract if the other fails to meet the essential obligations and doesn't put it right within the deadline of the written formal notice, which is no shorter than fifteen days, save for the different reasonable deadline allowed by art. 1454(2) of the Italian Civil Code (arts. 1453 and 1454). For non-payment within the terms of section 8 and for the use forbidden in section 6, the express termination clause of art. 1456 applies: our written communication is enough.

In every case of termination the 90 days of retention in section 11 apply, with the right to ask for a copy of the data, and the choice between return and deletion stays yours.

15. Changes to these terms

These terms can change: the software changes, the laws change. We tell you by email 30 days in advance and the new version takes effect on the date we state.

If a change makes your terms appreciably worse, you can withdraw by that date at no cost and with no penalty: we invoice you only for the period used. If you don't withdraw and you carry on using the software, the new version applies. The clauses in section 18, if they change substantially, have to be approved again in writing.

Changes imposed by a law or by an order from the authorities apply from the moment the rule requires it, with no notice.

Every version carries its own date at the bottom of the page.

16. Support

Support on how the software works is included in the fee and runs on these channels:

Inside the software, on the Support page: open a ticket and we answer you there, so the conversation stays in writing and tied to your venue.
WhatsApp on +39 352 012 5997, with the button on the Support page or from the link on the site. It's only a link: it opens if you press it, and from there on the conversation lives on WhatsApp, not inside the software.
Email to info@muffin-suite.com.
Phone on +39 352 012 5997.

Hours: Monday to Friday, 9:00 to 18:00. Anything that comes in outside those hours, on a Saturday, a Sunday or a public holiday, we deal with on the first working day after. We don't guarantee a contractual response time: we answer as soon as we can, and anything that stops the work goes ahead of the queue.

Contractual communications — cancellations, formal notices, complaints — are not sent over WhatsApp: for those the addresses in section 19 apply.

The fee includes support on use, fixing faults and updates. It doesn't include, and we quote for them in writing beforehand, migrating data from other business software, training on site and customizations of the software.

Support covers how the software works. It isn't payroll, tax or legal advice: that's what your consultant is for.

17. Assignment of the contract

You can't assign the contract, or the license, without our written consent (art. 1406 of the Italian Civil Code). If you sell the business or a branch of it and whoever takes over wants to carry on with Muffin Staff, we won't refuse consent without a serious reason: telling us beforehand and sorting out the billing details is enough.

We can assign the contract if the sole proprietorship is converted, is contributed to a company or sells the branch of the business relating to Muffin Staff. We tell you beforehand; if that doesn't suit you, you can withdraw at no cost within 30 days of the notice, and we refund the part of the fee already paid and not used.

We can hand parts of the service to suppliers of ours, remaining answerable to you ourselves. For suppliers that handle personal data, the list of sub-processors and the 30 days notice set out in the agreement in section 10 apply.

18. Governing law, jurisdiction and clauses to be approved

Italian law applies to the contract.

For any dispute the Court of Vicenza has exclusive jurisdiction. Since this is a relationship between businesses, and not between a professional and a consumer, choosing a court other than those set out in arts. 18, 19 and 20 of the Italian Code of Civil Procedure is allowed: the consumer's court doesn't apply, because you are not a consumer. The derogation is agreed as exclusive under art. 29(2) of the Italian Code of Civil Procedure.

Clauses to be approved specifically in writing

These terms are general conditions drawn up by us. Under arts. 1341 and 1342 of the Italian Civil Code, the clauses below take effect only if you approve them specifically and separately in writing, with a second signature besides the one on the contract:

section 4, closing access to the software if the trial isn't converted;
section 5, the limits on use of the license, the ban on sublicensing and the ban on using the software for third parties;
section 8, automatic renewal, notice of cancellation, price changes, the current period not being refundable, suspension and termination for non-payment;
section 9, our free use of the suggestions you send us;
section 11, access closing at termination, the deadlines for asking for a copy of the data and deletion when the 90 days run out;
section 12, the absence of a guaranteed service level and the stated limits of the backup;
section 13, the exclusion of warranty, the exclusions of liability and the cap on compensation;
section 14, the right to suspend the service and the express termination clause;
section 15, unilateral changes to the terms;
section 17, the ban on assignment placed on you and the right of assignment given to us;
section 18, the derogation from territorial jurisdiction in favor of the Court of Vicenza.

Acceptance happens inside the software, before the payment is set up. We ask you for two separate confirmations: one on the terms as a whole, and a specific one on the list above, which is shown to you in full. They are two distinct boxes precisely because the clauses on that list have to be approved apart, and not together with the rest.

For every acceptance we record who gave it, when, from which IP address and which version of these documents they had in front of them. It's the evidence that takes the place of a signature, and you can ask us for a copy whenever you like.

If you would rather have a real signature, that can be done: on request we send you the contract and the list of clauses to be signed with a digital signature or a qualified electronic signature. It's the most solid form, and for important contracts it stays the one we recommend.

19. Final clauses

If a clause is void, only that clause falls: the rest carries on applying, and in place of the fallen clause the rule of law closest to what we had in mind applies (art. 1419 of the Italian Civil Code).

Tolerance is not a waiver. If we let a delay or a breach go once, it doesn't mean we give up the right to enforce it the times after.

Entire agreement. These govern, in this order: the signed contract, these terms. On the protection of personal data the art. 28 GDPR processing agreement prevails in any case, its content being set by law and not open to derogation by contract. The privacy notice is not a contractual document: it informs, and we cite it as a reference. Verbal agreements, sales promises and screens from the site don't count against what is written here, save for what section 2 says about advertised promises.

Communications. Communications are sent by email to the addresses stated in the contract, and to us at info@muffin-suite.com; for the formal ones, cancellation included, the certified email address antonio.fuccillo@pec.it applies. If you change address, company name, registered office or billing details, tell us: until then the last details you gave us are the ones that count.

Language. The Italian text is the only authoritative one. Any translations are provided as a courtesy.

Last updated: August 4, 2026

Terms