Terms of Service - Planixia

1. Purpose and Acceptance

These General Terms and Conditions govern the provision of cloud software services (SaaS) through the Planixia platform (hereinafter, the "Platform" or the "Service"), owned by PLANIXIA SOFTWARE S.L. (hereinafter, the "Provider").

The purchase of any subscription plan by an individual or legal entity (hereinafter, the "Customer") implies full and unreserved acceptance of these Terms of Service.

2. Account Registration and Use of the Service

To use the Service, the Customer must register and create an account by providing truthful, accurate and up-to-date information.
The Customer is solely responsible for keeping their access credentials confidential.
The Service is granted under a limited, non-exclusive, non-transferable and revocable licence of use for the duration of the subscription.
Reselling, sublicensing, reverse engineering or using the Service for unlawful activities that infringe the rights of third parties or applicable regulations is strictly prohibited.

3. Financial Terms: Pricing, Billing and Cancellation

Plans and Pricing

The fees applicable to each subscription plan are detailed on the Website and can be consulted before purchase. Displayed prices will clearly indicate whether or not they include Value Added Tax (VAT) or other applicable taxes.

Billing and Renewal

Payment is made in advance by credit or debit card. The subscription will renew automatically at the end of each period unless the Customer cancels the subscription before the renewal date.

Cancellation

The Customer may cancel their subscription at any time from their account settings panel. After cancellation, the Customer will keep access to the Service until the end of the current billing period, at which point access will be suspended. No partial refunds will be made for unused periods.

Once the cancellation takes effect, the Provider will keep the data and information entered by the Customer stored for a maximum of thirty (30) days (hereinafter, the "Grace Period"), for the sole purpose of allowing the Customer to recover or export their information. After this 30-day period, the Provider will irreversibly delete all data from its servers, in accordance with the Data Protection clause of this agreement.

4. Data Protection and Data Processor (DPA)

Since the Provider may process personal data for which the Customer is responsible in order to provide the Service, both parties agree that the Provider will act as Data Processor under Article 28 of the GDPR, subject to the following obligations:

Instructions: The Provider will process the data only on the documented instructions of the Customer and for the sole purpose of providing the contracted SaaS service.
Confidentiality: The Provider guarantees that the persons authorised to process personal data have committed themselves to confidentiality.
Security: The Provider will implement appropriate technical and organisational security measures to ensure a level of security appropriate to the risk.
Sub-processors: The Customer authorises the Provider to engage the essential technology providers described in the Privacy Policy (e.g. hosting, payment gateway). The Provider will impose on these sub-processors the same data protection obligations set out herein.
Rights and Assistance: The Provider will assist the Customer, whenever possible, so that the Customer can respond to requests from data subjects exercising their rights under the GDPR.
Deletion or Return: Upon termination of the agreement, the Provider will, at the Customer's choice, delete or return all personal data and delete existing copies, unless the law requires them to be retained.

5. Intellectual and Industrial Property

The Provider is the exclusive owner of all intellectual and industrial property rights relating to the Platform (including source code, algorithms, designs, trademarks and technical documentation).

The Customer retains full ownership of all data, content or information they upload or process within the Platform. The Customer warrants that they hold the necessary rights over such data and releases the Provider from any liability towards third parties.

6. Service Availability and Support

General Availability

The Provider makes its best efforts to keep the Platform available for as much time as possible. However, access to the Service is provided "as is" and "as available", and may be temporarily interrupted for maintenance, updates or force majeure events beyond the Provider's control.

Support

General technical support will be available through the Platform for resolving incidents during the business hours stated on the Website.

7. Limitation of Liability

To the maximum extent permitted by applicable law, the Provider shall in no event be liable for indirect, incidental or punitive damages or loss of profits (including loss of revenue, data, use or goodwill) arising from the use of or inability to use the Service.

In any case, the Provider's total aggregate liability to the Customer for any contractual or non-contractual claim arising from these Terms shall be limited to the total amount actually paid by the Customer to the Provider during the four (4) months immediately preceding the event giving rise to the claim.

8. Changes to the Terms

The Provider reserves the right to modify these Terms at any time. In the event of substantial changes (such as changes to fees or service conditions), the Customer will be notified by email or through a notice on the Platform at least thirty (30) days before they take effect. Continued use of the Service after the effective date will constitute acceptance of the new Terms.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with Spanish law.

For any dispute, controversy or claim arising from the interpretation or performance of these terms, the parties expressly submit to the jurisdiction of the Courts and Tribunals of Almería, expressly waiving any other jurisdiction that may correspond to them.