Platform Terms and Conditions
These Terms govern access to and use of the technology platform (hereinafter, the “Platform”). Acceptance is required to use the service.
1. Platform Identification
These Terms govern access to and use of the technology platform operated by:
Company name: MV Esquel SL
Tax identification number: B72674153
Registered office: Passeig de la Tramuntana 48, Castelldefels, Catalunya, 08860, Spain
Contact email address: mvesquelsl@gmail.com
Hereinafter, the “Platform”.
2. Purpose of the Agreement
The Platform provides a software service on a Software as a Service (SaaS) basis, aimed at professionals and businesses (hereinafter, the “Tenant”).
The Platform provides solely a technological infrastructure that enables the Tenant to manage its own professional or business activities.
The Platform does not act as an intermediary, agent, representative, or contracting party in commercial relationships between the Tenant and its customers or third parties.
3. Registration and User Account
Access to the service requires the creation of a user account.
The user agrees to:
Provide accurate and up-to-date information.
Keep their credentials confidential.
Immediately report any unauthorized access.
The Tenant is responsible for managing access for its employees, collaborators, or authorized users. Any action taken from an account shall be deemed to have been taken under the Tenant's responsibility.
4. Nature of the Service
The service is provided “as is” and “as available”.
The Platform does not guarantee:
Uninterrupted availability.
The absence of errors or technical failures.
Compatibility with all devices or systems.
The Platform may make modifications, improvements, or technical updates at any time.
No specific service level agreement (SLA) is offered unless expressly agreed in writing.
5. Tenant Obligations
The Tenant agrees to:
Comply with applicable legislation.
Use the Platform lawfully and in accordance with these Terms.
Not engage in fraudulent, unlawful, or third-party rights-infringing activities.
Be solely responsible for the services or products it offers to its customers.
Comply with data protection regulations with respect to its own customers.
The Platform shall not be liable for the Tenant's business activities or any disputes arising from them.
6. Subscription, Free Trial, and Payment
The Platform offers a free trial period, the duration of which may vary depending on the applicable plan.
Once the trial period has ended, the subscription will automatically renew according to the selected plan.
Payment will be made through third-party providers specializing in payment processing.
The subscription will automatically renew at the end of each billing cycle unless previously cancelled.
Cancellation will take effect at the end of the current billing cycle. No further charges will be made after cancellation.
Amounts corresponding to a billing cycle that has already begun will not be refunded.
In the event of non-payment or a failure in the payment method, the Platform may suspend or cancel access to the service.
7. Suspension and Termination
The Platform may immediately suspend or cancel access to the service in the event of:
Breach of these Terms.
Non-payment.
Unlawful or fraudulent use.
Risk to the security or integrity of the system.
Legal or administrative requirement.
8. Intellectual Property
The Platform owns all intellectual and industrial property rights relating to the software, design, code, and structure of the service.
The Tenant retains ownership of the data, content, and information it adds to the Platform.
The Tenant grants the Platform a limited, non-exclusive license to process and store such data solely for the purpose of providing the service.
9. Limitation of Liability
The service is provided under a technological model that may be subject to technical incidents, interruptions, and third-party dependencies.
To the maximum extent permitted by law:
The Platform shall not be liable for indirect damages, loss of profits, loss of revenue, loss of business opportunities, reputational damage, data loss, or business interruption.
The Platform shall not be liable for failures or interruptions caused by external providers.
The Platform shall not be liable for unauthorized access, cyberattacks, or security breaches that are not the result of willful misconduct or gross negligence.
The Platform shall not be liable for the Tenant's business activities or its contractual relationships with third parties.
In all cases, the Platform's total cumulative liability shall not exceed the total amount actually paid by the Tenant during the twelve (12) months immediately preceding the event giving rise to the claim.
If the contractual relationship has lasted less than twelve (12) months, liability shall be limited to the amount actually paid during that period.
Nothing herein shall limit liability for willful misconduct, bad faith, or liabilities that cannot legally be excluded.
10. Indemnification
The Tenant agrees to indemnify and hold the Platform harmless against any claim, damage, liability, cost, or expense, including reasonable legal fees, arising from:
Its business activities.
The products or services offered to its customers.
Failure to comply with applicable legislation.
Infringement of third-party rights.
Content or data entered into the Platform.
The Platform shall not be liable for commercial disputes between the Tenant and its customers.
11. Data Protection
The processing of personal data is governed by the Privacy Policy.
The Tenant acts as the data controller with respect to its customers' data.
The Platform acts as the data processor when it processes data on behalf of the Tenant.
12. Data Processing Agreement
To the extent that the Platform processes personal data on behalf of the Tenant, the following shall apply: Data Processing Agreement which forms an integral part of these Terms.
Acceptance of these Terms constitutes express acceptance of the aforementioned Data Processing Agreement.
In the event of any conflict between these Terms and the Data Processing Agreement regarding data protection, the provisions of that Agreement shall prevail.
13. Service Discontinuation
The Platform may modify, suspend, or discontinue the service in whole or in part.
In the event of permanent discontinuation, the Platform will endeavor to notify active Tenants with reasonable advance notice when technically and commercially feasible.
The Tenant shall be responsible for exporting its data within the specified period following termination.
Discontinuation of the service shall not entitle the Tenant to additional compensation beyond amounts corresponding to unused periods, if any.
14. Amendments
The Platform may amend these Terms to adapt them to technical, legal, or commercial changes.
Continued use of the service after notification shall constitute acceptance of the new terms.
15. Governing Law and Jurisdiction
These Terms shall be governed by Spanish law.
The parties submit to the Courts and Tribunals of the Platform's registered office, unless otherwise required by mandatory law.