Software use license contracting conditions

1. LEGAL INFORMATION

The person responsible for the treatment of the data we collect is SOFTWARE KOIBOX SL (hereinafter, “KOIBOX”) with CIF B98661028 and registered office at Avenida de Pio XII, 1, Escalera 5, Piso 1, Puerta 2 - 46009 Valencia, Spain, e identity registered in the Mercantile Registry of Valencia; Volume 9814, page 37, entry 1 with page V-161095. You can contact the entity through the email info@koibox.net

Basic information on Data Protection


2. TERMS AND CONDITIONS OF USE

These terms and conditions of use (hereinafter, "Conditions of Use") regulate the rights and obligations derived from access, navigation and use by the user of the website or through the mobile application (hereinafter, jointly referred to as the "Website") and the KOIBOX services through its complete online management software.

Accessing and browsing the Website implies expressly accepting and knowing the legal warnings, conditions and terms of use contained therein without reservation. The user declares and acknowledges:

Having read, understood and fully understood the terms of use of these Conditions of Use, Cookies Policy and Privacy Policy.

Be a person with sufficient capacity to contract. Participation is aimed at individuals over 18 years of age. The user is solely responsible for the veracity and accuracy of the data provided.

Assume all the obligations set forth herein.

On the contrary, if the user does not agree with these Conditions of Use or part of them, he can refrain from using the Website and / or the services offered by the Company.

KOIBOX reserves, without prior notice, the right to modify or update, in whole or in part, these Conditions of Use. All users are recommended to read them carefully each time they access the services since, due to their own nature, it is possible that they may be modified or include changes in the content.

Likewise, the Company reserves the right to (i) monitor access and / or use of the Website as well as to adopt technical measures (for example, collect the user's IP address) in order to control and verify that use is being made in accordance with these Conditions of Use and current legislation, (ii) suspend, without prior notice, the user's account and deny access to the Website and / or services in the event that it do not respect the terms and conditions set out.


3. SERVICES AND CONTENTS

KOIBOX offers users various services under the formula "Software as a Service" (hereinafter "SaaS"). This will allow the user to manage their administration and business activity in a more efficient way through access to different functionalities in an integrated way such as an agenda or different modules for customer relationship management, agenda, marketing, appointment planning, statistics and billing between others (hereinafter, the "Saas Services") according to the specific needs of the business.

App: KOIBOX offers IT design, development and maintenance services of an App to businesses that will allow comprehensive management. For this, the registered user (hereinafter, the "Center") will manage and obtain all the licenses, permits and administrative authorizations necessary for the design, development and execution of the service. Likewise, it will be responsible for all the taxes accrued as a result of the contract; App development may be for IOS and ANDROID only for clients who choose the PLATINUM hiring pack. For clients who choose the GOLD contracting pack and choose the APP option, they will have access to the APP through Beauty Booking. Once the APP is developed and approved, any development or modification of the same will be budgeted and charged separately to the client.

Online Payments: Within the services offered by KOIBOX, the Center is offered the possibility of integrating KOIBOX with some payment gateways, so that the Center can use the payment gateway that best meets its needs in your country and You can charge for the services and products offered to your customers online, easily, quickly and safely, thanks to the integration of these payment gateways with KOIBOX.

Through the integration of the SaaS with the payment gateway, the Center will be able to allow its clients to pay securely with a card online. The money paid will never go through KOIBOX, but the payment gateway will send it directly to the Center according to the corresponding terms of use agreement between the payment gateway and the Center.


4. PROCESS OF CONTRACTING SAAS SERVICES

To access the SaaS Services, it will be necessary for the user to register as a Center on the KOIBOX registration website (https://softwarekoibox.com) or through the mobile application, and expressly accept these Conditions of Use and Privacy Policies. Any change in the ownership of the Center or of the registration data must be previously communicated to KOIBOX for its authentication and validation. The contract is only formalized upon successful completion of the subsequent KOIBOX registration and confirmation process. Subscription implies, in any case, the express acceptance of the Conditions of Use and Privacy Policies of the Company.

Account Opening - User Identification

The Center must have a device with an internet connection (the network connection costs being the exclusive responsibility of the users), to register and complete the form available for this purpose. To do this, personal data must be provided, the completion of which is mandatory, therefore, without it, the SaaS Services cannot be accessed. The data entered by the Center must be exact, current, complete and truthful.

When registering, the Center will indicate a username and password ("Identifiers") that will allow you to access your private area. Said Identifiers are confidential and can only be changed at the request of the Center or at the initiative of the Company. The password will never be asked, neither by email nor by phone.

The Center is entirely responsible for the use of its account and assigned Identifiers and undertakes to keep them secret and not disclose them in any way, being solely responsible for their loss. KOIBOX will not be responsible for the use by any third party of the Identifiers due to their careless use or loss by the Center.

Demo version

KOIBOX offers a one-time trial of a demo version of the SaaS. For this, an online registration of the user is required, which is free of charge. Once the period indicated above has elapsed, the demo version will be deactivated without requiring any additional action by the Center. If the Center wishes to continue using the services after the trial period, a paid subscription is required.

Rates

KOIBOX will make available to the Center different types of management plans (Lite, Basic, Gold, Platinum) and different payment methods (monthly or annual) that must be selected by the Center through the Website or App. Customers who choose the annual payment method explicitly waive the total or partial refund of the amount paid once the system fee has been paid. All plans will include a breakdown, in each case, the corresponding price, including VAT and other applicable taxes.

Commission for return of receipt: this clause affects those clients whose form of payment is by direct debit. If a receipt is returned by the bank, whatever the reason for the return, Koibox is entitled to charge a commission for the return of the receipt, the amount of which is € 2.

Koibox may unilaterally and immediately terminate the License of Use if you breach any term or condition of this contract, without this implying a waiver by Koibox of its right to file as many legal actions as appropriate for the purpose of compensating damages. generated by the Client's breach.

Duration

The duration will be conditioned to the different payment methods (monthly or annual) selected and will be automatically renewed unless the Center notifies KOIBOX of its intention not to renew its subscription at least fifteen (15) days in advance by email . The cancellation of the service will entail the cancellation of the user account and its inability to access the SaaS Services.

To do this, you must send an email to administracion@koibox.es within the estimated period. KOIBOX undertakes to process said cancellation within a period of fifteen (15) business days from the date of receipt of the request. In any case, the cancellation by the Center must occur before KOIBOX has invoiced the advance payment for the next agreed period, so that, if it occurs after said invoicing or within a period less than that indicated, the Center You will have to pay the corresponding invoice, even if you do not intend to continue using the SaaS.

Once the services have been canceled, the Company reserves the right to keep the records of the Center and the records related to its interactions with the SaaS duly blocked for the maximum legally permitted time necessary to meet any responsibilities that may arise. could be legally enforceable.

Modifications

Changes in the SaaS Services will be previously communicated one (1) month in advance before the change is entered. Changes will be communicated to the Center by email. Unless the latter objects within the month following receipt of the notification, the contract will remain in force for the changes with the modified terms and conditions. In any case, none of the foregoing will entitle the Center to claim for damages.

License of use

KOIBOX grants the Center a temporary software use license, conditional on payment of the chosen plan, non-exclusive, non-sublicensable and non-transferable, limited to the benefits of the contracted SaaS Services and without geographical limitation "as is". Notwithstanding the foregoing, the publication service may have geographic or language limitations. The license will be automatically terminated in the event of non-payment of the price.

The Center recognizes that all computer elements, source code, Web pages, applications, data models, images, designs, content, logos, trademarks and any other product that may be protected under the applicable legislation on the subject of Intellectual Property, Patents and Trademarks to which you have access by subscribing to the SaaS Services are the property of KOIBOX and / or third party owners thereof. The payment of the price does not constitute the purchase of the solutions used, nor of the titles, nor of the corresponding copyrights.

The Center may not resell or market in any way, in whole or in part, the SaaS Services provided by KOIBOX subcontracting them to third parties, nor transfer to third parties the rights and obligations that derive from the provision of the same.

Likewise, the Center may not reverse engineer, decompile, disassemble or attempt to obtain the source code, nor may it decipher, modify or create derivative works of the SaaS or any of its computer parts / elements that constitute the applications, Considering in this case, as a breach of the intellectual property rights of KOIBOX and / or third parties.

KOIBOX may modify this User License provided there is sufficient cause or reason for it. It is understood that there is sufficient cause or reason for the modification, with an enunciative and non-limiting character, when the purpose of the modification is to: 1. Expand the range or number of products that are made available to users or customers or improve existing ones. 2. Modify, replace or update the prices or descriptions of the products or services offered through your program. For this reason, the user or client must carefully read these General Contracting Conditions each time they proceed to contract a product or service.


5. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Company is the owner of all intellectual and industrial property rights over the Website and SaaS, as well as, but not limited to, trademarks and distinctive signs, source and object code, preparatory materials, manuals, diagrams , contents, designs, interfaces and works subject to intellectual property rights related to the aforementioned software and the Website. Also, KOIBOX.

KOIBOX guarantees the authorship and ownership of the SaaS being developed, as well as its originality. It also states that at the time of its creation it holds all intellectual property rights, with the possibility of transmission to third parties. KOIBOX does not grant the Center any intellectual or industrial property rights, especially those related to the exploitation or transformation of any of the SaaS Services and App developed, reserving all rights not assigned or explicitly authorized.

The reproduction, copying, use, distribution, commercialization or any activity that can be carried out with the own contents is prohibited, without the corresponding authorization of the Company.

The Center cannot make copies of the SaaS and services nor can it use them for purposes other than those for which they are intended, without the prior written consent of KOIBOX. The improper use, or for a purpose other than the one agreed upon, of any distinctive sign protected by the industrial or intellectual property rights of another of them, both nationally and internationally, will empower KOIBOX to terminate the contract and request the corresponding compensation for damages. and damages that may arise.


6. DATA PROCESSING, CONFIDENTIALITY AND USE OF COOKIES

The Company acts in accordance with European standards and applicable legislation regarding the protection of personal data, specifically, with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of the same and other applicable regulations. The Center authorizes KOIBOX to store any personal data provided or information related to the Center in a computer database for the purposes described in the Privacy Policy, which must be read, understood and accepted for the provision of KOIBOX services.

The Center agrees to obtain all legally necessary consents, authorizations and approvals and to make all necessary declarations before (i) using the SaaS and (ii) including personal data in it. In the same way, the Center recognizes and accepts that it is the sole and exclusive responsible for any personal data, text, audio, video, images and any other content entered in the SaaS.

KOIBOX undertakes to comply with the obligation of secrecy of personal data, therefore it has adopted the necessary measures to prevent its alteration, loss, treatment or unauthorized access, taking into account the state of technology at all times. . The Company states that it uses the cloud hosting services provided by "Amazon Web Service". Any contingency or eventuality of any nature that causes damage to the Center caused by failures, alterations or modifications of the services provided by "Amazon Web Service" will not be the responsibility of the Company, such extremes being beyond its control and impossible to control. < / p>

Finally, it is reported that by visiting this Website, no personal data that identifies a user is automatically registered, instead there is certain non-personal and non-identifiable information with the specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the web portal in order to later make improvements. All users should consult our Cookies Policy.


7. ADDITIONAL INFORMATION AND LINKS

Additionally, the Company offers services and / or content on the Website related to its activity, these being merely informative. In no case does the Company guarantee the accuracy of this information, reserving the right to update, modify or eliminate the contents, services and, in general, how many elements make up the design and configuration of the Website and the SaaS at any time and without prior notice. being able to limit or not allow access to them. In particular, KOIBOX reserves the right to eliminate, limit or prevent access to the Website and / or the SaaS when technical difficulties arise due to events or circumstances beyond the Company's control that, at its discretion, reduce or cancel the adopted security levels. for the proper functioning of it.

The data entered in the SaaS by the Center is the property of the Center. The Center will have access to download this data from the SaaS in the structure and format that KOIBOX has available. This data is exported based on the internal organization of the KOIBOX database structure.

In the demo version, the center has access to explore and see how to download the stored information, the same being the only way to export all the data from the Center's SaaS.

KOIBOX stores daily backups of a maximum of 15 days of the encrypted database of all clients on its owned servers. KOIBOX does not store backup copies prior to 15 calendar days from the date of the request. It is not possible for the Center to obtain such backup copies physically. In the event that the Center needs to access a backup copy to check its status, it has to request it through a support ticket and the technical department will restore a copy of it, and provide access to the Center to carry out the checks. necessary.

The Website may contain links to third-party websites whose ownership and management correspond to distributors or independent service providers over which the Company does not have any type of control or ownership, for which KOIBOX does not guarantee or take responsibility in In any way, content, commercial activities, products and services included in the Website by themselves or by third parties that may be linked, directly or indirectly, through it. The presence of such links, unless expressly stated to the contrary, has a merely informative purpose and in no case does it imply a suggestion, invitation or recommendation regarding them, corresponding to the user to verify how much information seems necessary and appropriate. The Company reserves the right to withdraw unilaterally and at any time the links that appear on its Website.


8. EXCLUSION OF GUARANTEES AND LIABILITY

The Company makes every effort to avoid any error in the content that may appear on the Website. However, this does not guarantee, nor is it responsible for the consequences that may arise from errors in the content that may appear in them, nor does it assume any responsibility derived from the veracity, completeness, accuracy, legality and / or reliability of the information published by the Center in it. For this reason, the Center may not host, store, disseminate, publish, distribute, make available or share through it any content or material - texts, brands, logos, links, files, photographs, etc. - (i) on which does not have or holds the right or consent or is not legitimized to reproduce, transmit, disseminate, distribute, make available to third parties; (ii) that infringes or violates industrial or intellectual property rights or personal rights of third parties (including, but not limited to, copyrights, trademarks, patents, designs and industrial secrets); (iii) is illegal, false, misleading or inaccurate, threatening, insulting, hostile, defamatory, libelous, fraudulent, invasive of privacy, obscene, vulgar, pornographic, offensive, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is inappropriate as determined by KOIBOX in its sole discretion.

KOIBOX has adopted, within its possibilities and the current state of technology, all reasonable measures in order to guarantee the correct functioning of the Website. In any case, at no time does it guarantee its suitability for a particular purpose or its satisfactory quality. KOIBOX is not responsible for nor does it guarantee that access to it will be uninterrupted, free from error or cause any damage. By way of example, not limiting, in no case will the Company be responsible for losses, damages or damages of any kind in relation to the access and use of the Website and / or the SaaS derived from:

The Center guarantees to KOIBOX that all the aforementioned content that it transmits rigorously complies with these conditions, exempting the Company from any potential responsibility in this regard and will hold harmless and, where appropriate, will compensate and indemnify KOIBOX, its directors, employees, affiliates, agents and any other related persons, regarding any claims, responsibilities, penalties, damages, losses, expenses or any other concepts that are a consequence of any breach of these General Conditions.

KOIBOX does not grant the Client any warranty, either expressly or explicitly, in relation to the Software, services, documentation or material related to the SaaS to the license granted under this agreement.

KOIBOX specifically excludes any warranty regarding the suitability of the SaaS for a particular purpose for which the Customer intends it. KOIBOX does not guarantee that the use of the SaaS and the services provided can be completely secure, uninterrupted or error-free.


9. FRANCHISES

Those franchises that, as franchisors, have contracted with KOIBOX the comprehensive business management service for their franchisees or their own centers, can opt for a special profile through which they can access the statistics of all associated centers and access your facilities as an administrator.

Regarding the use of the Software by the franchised Centers, the franchise is obliged to:

a) Inform in writing to the Franchise Centers the functionalities and data of the Software to which you will have access from the special profile as a franchise and that they accept it.

b) Carry out all the necessary steps so that those in charge of the franchised Centers create their corresponding user and, where appropriate, offer the instructions that they consider necessary for a correct use of the Software.

c) Ensure and control that the use that the franchised Centers make of the Software is adjusted to the law, so that no violation of the applicable legislation can be generated with their acts or omissions.

In any case, for KOIBOX, a client is the one who signs these General Conditions and is responsible for the amount of the selected fee. Therefore, franchises are advised, in order to avoid any type of conflict situation with the franchisees, take charge of paying the fee for each franchisee.


10. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Any controversy or conflict that may arise from the access, use or contracting of the services offered on the Website will be governed in accordance with the provisions of Spanish legislation and subject to the exclusive jurisdiction of the Courts and Tribunals of Valencia, expressly waiving any other jurisdiction that may correspond to it.


11. INTEGRAL CONTRACT.

This User License agreement constitutes the entire agreement between the Client and KOIBOX and supersedes any previous or current agreement between the parties. This agreement cannot be amended, modified or ratified, except by a written document signed by both parties.


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