GENERAL TERMS OF USE OF THE ENGISOFT HOTEL SOFTWARE WEBSITE
DEFINITIONS
TITLE I – GENERAL TERMS OF USE OF THE PORTAL AND ACEPTANCE
1. OWNERSHIP OF THE PORTAL
In accordance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that the website www.engisoft.com is owned by Enginyeria de Software, S.A., who provides the following information:
The domain name www.engisoft.com has been registered by Enginyeria de Software, S.A. and is registered in the Commercial Registry of Barcelona in volume 32440, folio 208, sheet B-8619, entry 15th.
This website has been created by Enginyeria de Software, S.A. to provide information about the services and offers of Engisoft. Accessing this website implies knowledge and acceptance of the following conditions.
2. User Acceptance
Engisoft offers Services that the User can access through the Portal or through the Applications available on Compatible Devices.
User registration implies the User’s full and unconditional acceptance of these General Terms of Use of the Engisoft Website, including the Privacy Policy (https://www.engisoft.com/politica-de-privacidad), in the version published by Engisoft at the time the User registered on the Platform, as well as all notices, rules of use, and instructions provided to registered Users by Engisoft, which supplement or modify what is provided in these General Terms of Use.
These General Terms of Use of the Engisoft Website establish the rules for registration and contracting of Engisoft services for Users registered on the Platform, regardless of the device used to access it, and will apply to the contracting of all services performed by such registered Users.
Engisoft expressly reserves the right to modify these General Terms of Use of the Engisoft Website. Each modification may be notified: a) by publishing such modifications on the Portal; b) by notification upon accessing the Platform; or c) by sending a message to the email provided during User registration. The modification will not be effective until three natural days have passed since its publication. The registered User acknowledges and agrees that it is their responsibility to review the General Terms of Use of the Engisoft Website. The use of the Service after such modifications will constitute acknowledgment and acceptance of the modification of the General Terms of Use of the Engisoft Website, and the registered User will be bound by the new Terms.
Engisoft assumes no responsibility for any discrepancies that may exist between printed documents and the electronic version published on this Portal. In the event of a discrepancy between the printed version and the version published on the Portal, the printed version shall prevail.
3. User Registration
To access the services offered by Engisoft, it is necessary to register on the Platform as detailed below.
The User can register on the Platform as a registered User in the following ways: a) by online registration on the Portal, providing the requested data and accepting these Terms; b) by online registration through an Application on a Compatible Device, providing the requested data and accepting these Terms.
Upon registration, the User may receive a welcome email to the Platform, at the email address communicated to Engisoft for notification purposes. In such case, the User must follow the instructions to complete the registration process and access the Platform.
The User warrants that all data provided by them are true and correct, and agrees to notify Engisoft of any changes to their data and any necessary information for the management and maintenance of the contractual relationship between Engisoft, the Client, and the User. The User will be responsible for the truthfulness of the data in accordance with the Privacy Policy. The User agrees that Engisoft may store and use this information for the maintenance and billing of the Service provided and other purposes in accordance with our Privacy Policy.
The User will be responsible for providing truthful and lawful information during the registration process on the Engisoft Portal. During the registration process, a password will be provided to the User to access their profile, which they may subsequently modify if desired. The registered User agrees to use diligence and keep their password to access these services confidential. Registered Users are responsible for the proper custody and confidentiality of their password and agree not to disclose or transfer its use to third parties, whether temporarily or permanently.
For the use of the Portal, the User must use the User code (Username or email) and the password (password) assigned at the time of registration as a User (hereinafter, the “User Keys”). The User is solely responsible for maintaining the confidentiality and security of their account, and for all activities that occur on or through their account. The User agrees to use diligence with the User Keys and keep their User Keys secret, and agrees to notify Engisoft of any loss, disclosure to third parties, unauthorized access, or theft of them as soon as possible, so that Engisoft can deactivate them. Engisoft will not be liable for any loss arising from unauthorized use of the User’s Account. Until such events are reported, Engisoft will be exempt from any liability that may arise from misuse of the password.
The User will be responsible for the expenses corresponding to the use of the Service by any third party who uses the User Keys until, if applicable, the User has requested Engisoft to deactivate such keys.
Engisoft reserves the right to modify, suspend, or revoke the User Keys initially assigned to the User, due to consequences or needs arising from the Service, always communicating this to the User.
Engisoft may withdraw or suspend, at any time and without prior notice, on its own initiative or at the request of a third party, the provision of the Service to those Users who fail to comply with these Terms or any indication or notification to the User made by Engisoft. In case of suspension due to a violation of the intellectual or industrial property rights of Engisoft or a licensor of Engisoft, Engisoft expressly reserves the right to communicate the User’s data to said licensor for the purpose of initiating the appropriate legal actions, notifying the User of such communication. The User expressly consents to this communication.
The User may cancel their registration at any time by contacting Engisoft through the means indicated in Clause 21 (Notifications).
The User is aware that there are minimum requirements to be able to use the Platform and the Services, and guarantees that they have them before proceeding with the hiring. These requirements are published on the Portal and may be updated by Engisoft at any time.
The User is aware that the Platform and the Services may include advertising and accepts this freely and voluntarily.
The Registered User can correct and/or update their personal information on the Portal.
4. User Obligations
The registered User agrees to use the Service and the Portal in accordance with the law, and to refrain from using the Service for unlawful purposes or effects prohibited in these General Terms, which are harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, or deteriorate the Service, the computer equipment of other Internet users, as well as the documents, files, and all kinds of content stored on the Platform, on their computer equipment, or on that of other Users.
The registered User agrees, within the limits established by mandatory laws, to: a) not copy the contents of the Service in a manner unauthorized by these Terms; b) not transform, distribute, publicly communicate, translate, decompile, or create derivative works of the Service; c) not sell, rent, lease, transfer, distribute, disseminate, or assign rights over the Service to third parties; d) not carry out any action against the Service whose objective is the modification or deletion of any rights management information and protection measures against unlawful acts protecting them; e) not modify or use the Service in a way that may result in an invasion of Users’ privacy or obtaining personal information about them; f) not copy, modify, delete, or damage any type of information contained on the servers used for the control or operation of the Service; g) not engage in spamming, unwanted advertising, or mass email spamming; h) not use applications or services for the extraction of any type of data about the Service; i) not provide Engisoft with data or other information contrary to current legality; j) not engage in any activity that may contravene or directly or indirectly facilitate current legality.
Engisoft is not obliged to control and does not control the content and nature of messages and files transmitted, disseminated, or made available to third parties by Users through the Service that do not originate from Engisoft’s Service, particularly those that may be accessible through the spaces provided for interaction among Users. Nevertheless, and within the limits of current legislation, Engisoft reserves the right to review, at any time and without prior notice, on its own initiative or at the request of third parties, the content transmitted, disseminated, or made available to third parties by Users through the Service and to prevent its transmission, dissemination, or provision to third parties, in case they are contrary to the law or to what is stipulated in these Terms.
Failure to comply with any of these General Terms may result in the withdrawal or cancellation of the services subscribed by the User without prior notice to the User and without giving rise to any compensation.
5. User’s Use of the Service
To access any of the services offered by Engisoft, the use of a Compatible Device with an internet connection is necessary.
The User will be responsible for updating the software and firmware embedded in the Compatible Devices, ensuring they are always up to date to meet the minimum requirements. For further information regarding Compatible Devices, minimum hardware, software, and firmware requirements, and how to access the content of the Platform, the User should visit the Compatible Devices section accessible on the Engisoft Portal. This list and minimum requirements may be updated at the discretion of Engisoft, including or excluding devices, minimum hardware or software requirements, without any contractual breach.
If the User uses a computer to access any of the Services, the User must ensure that the computer meets the necessary specifications to use Engisoft’s Services. In particular, they should verify that the computer meets the following minimum requirements as indicated on the Engisoft Portal. These minimum requirements may be updated at the discretion of Engisoft, including or excluding compatible computers, minimum hardware or software requirements, without any contractual breach.
To enjoy the Platform’s Services, the User will need a high-speed internet connection. In particular, they should verify that they meet the following minimum requirements as indicated on the Engisoft Portal. If the quality of the internet connection deteriorates, the quality of the Platform’s service may be affected.
6. LIMITATION OF WARRANTIES AND LIABILITY REGIME OF THE PLATFORM’S SERVICES
The User is aware of and voluntarily accepts that the use of the Services takes place, in any case, under their sole and exclusive responsibility.
Engisoft makes its best efforts to ensure that the Platform is available 24 hours a day and that the security and quality of the Platform are in accordance with the current state of technology. However, Engisoft does not guarantee that the Platform and the server will always function correctly, nor that they are free from viruses, and is not responsible for any damages or losses that may arise from interferences, omissions, interruptions, computer viruses, telephone failures, Internet network failures, or disconnections in the operational functioning of this electronic system, caused by factors beyond Engisoft’s control, delays or blockages in the use of this electronic system caused by deficiencies in telephone lines or overloads in the Internet system or other electronic systems, as well as damages that may be caused by third parties through illegitimate intrusions beyond Engisoft’s control. In any case, Engisoft shall be exempt from any liability arising from possible errors in the Services offered on the Platform that result from factors beyond Engisoft’s control, provided they are not attributable to Engisoft.
Unless expressly provided otherwise in the Contract or in any legal provision, and only to the extent and scope required, Engisoft shall only be liable for direct damages suffered by the Client as a direct consequence of an anomaly in the provision of the Services caused directly by an action or omission of Engisoft. Engisoft shall be exempt from any kind of liability to the Client, its clients, and third parties for damages they may suffer as a result of actions or omissions attributable to the Client, its users, contractors, representatives, assignees, employees, or personnel under its service, or any third parties, as well as for the direct or indirect consequences of misuse or improper handling of the Services by personnel not belonging to Engisoft, the lack of any permission, both for the installation and for modifications to the technical characteristics of the equipment attributed or attributable to the Client. In any case, Engisoft shall not be liable for indirect damages, loss of business, income or profits, consequential damages, loss of profit or business opportunities, savings, or disappearance or deterioration of the Client’s data.
Engisoft excludes any liability arising from the Service, and in particular, but not limited to, for the quality, availability, and continuity of operation thereof, as well as for any defects therein.
Engisoft shall not be liable in any case for: (a) the costs, fines, penalties, charges, damages, or fees arising from the breach of its obligations by the Client; (b) the content, use, and publication of the information and communications distributed through the Services, as well as the use and results obtained from the Services by the Client; (c) the Client’s breach of any rule that may be applicable to causes or in connection with the use of the Services.
The Client is and will be solely responsible for: (a) the use made of the Services; (b) compliance with any rule that may be applicable to causes or in connection with the use of the Services.
Likewise, Engisoft shall not be liable to the Client or any third party for any loss of information or data arising from the use of the Platform and/or the contracted Services; for the installation of third-party applications, computer viruses, electrical anomalies; poor condition or breakdowns of computer systems used by the Client, operating system errors; manipulation by unauthorized personnel, force majeure causes; lack of backup copies; delay or failures in the use of the Platform and/or Applications; or any other case beyond Engisoft’s reasonable control.
EXEMPTION. Engisoft shall not be liable for problems arising from lack of access or problems inherent in Internet connectivity or electricity networks when they have their origin in causes beyond its control or in causes that could have been foreseen by the Parties, or that even being foreseeable Engisoft has made all reasonable efforts to avoid them, or that were considered fortuitous events or force majeure. Engisoft is completely unrelated and does not intervene in the creation, transmission, or provision, and does not exercise any kind of prior control or guarantee the legality, infallibility, and usefulness, of the contents transmitted, disseminated, stored, received, obtained, made available, or accessible through the Services, declining any liability that may arise therefrom. In order to prevent and prosecute infringements for which Engisoft could be held subsidiarily liable, the Client expressly authorizes Engisoft to provide the data and access to the content requested by the competent authority, as well as by the State security forces, in the course of a police investigation. The Client is solely responsible for any claim or legal, judicial, or extrajudicial action initiated by third parties against both the Client and Engisoft, regarding the infringement of third-party rights and/or applicable regulations arising from the contents, assuming the Client all expenses, costs, and indemnities that may be imposed on Engisoft as a result of such claims or legal actions.
LIMITATION. Engisoft’s liability under the Contract shall be limited to the sum of all amounts paid by the Client during the last six (6) preceding months from the occurrence of the event causing the damage, both for each incident and for the sum of all incidents occurring during said period.
Without prejudice to the exemptions and limitations of liability agreed in this clause, the Parties agree that any potential compensation arising from a breach of the Contract must necessarily be moderated with reference, among other criteria, to the following: (a) the existence of a reasonable relationship between the levels of guarantees existing and the remuneration agreed; (b) the state of the art at all times and the customs and practices of companies operating in the sector; (c) the type and nature of the Services in relation to the inherent risks of the Client’s business activity; and (d) the precautions taken by the Client to eliminate and/or, as the case may be, mitigate the damages suffered.
Engisoft does not guarantee the availability, continuity, or, in general, the normal operation of the Services if the User does not have Compatible Devices, or if they have Compatible Devices whose software or firmware is not updated as specified at all times on the Portal. Engisoft is not responsible for damages and losses of any kind that may be due to these eventualities.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges that all elements related to the Services, as well as those related to the Platform, the Portal, and the Applications, the offered content (including texts, images, photographs, trademarks, logos, color combinations, as well as their structure, selection, arrangement, and presentation), the structure, selection, arrangement, and presentation of its content, and the computer programs and software are protected by intellectual and industrial property rights of Engisoft or third parties, of which the User does not have any.
Those intellectual and industrial property rights of third parties have been licensed to Engisoft by the third-party rights holders of such content and are protected by intellectual and industrial property rights.
The formalization of the Contract does not imply, in any case, the granting of any intellectual or industrial property rights related to the Services, the Platform, the Portal, or the Applications. However, to allow the provision of the Services, Engisoft grants the Customer a revocable, non-exclusive, and non-transferable license to use the contracted Applications, subject to the conditions established in these General Conditions.
Without prejudice to the right of use referred to in the previous section, the Customer will not use any trademark, trade name, or distinctive sign owned by Engisoft without its prior express consent, nor will it use its own trademarks, trade names, or distinctive signs that are not clearly distinguishable from those of Engisoft.
Except for the rights expressly granted under these Terms of Use of the Engisoft Web, all other intellectual and industrial property rights over the Platform, the Services, and the content are reserved by Engisoft and its licensors.
During the term of the Contract, the Customer will be obliged to: (a) use the Platform and the Applications diligently, correctly, and lawfully and, in particular, undertake not to delete, circumvent, or manipulate the “copyright” and other identifying data of Engisoft’s rights, as well as technical protection devices or any information mechanisms that may be included in the Platform or the Applications; (b) not use reverse engineering techniques, decompile or disassemble the Platform, the Portal, or the Applications, except and only if such activity is expressly authorized by Engisoft; (c) not reproduce, transform, modify, distribute, rent, lend, make available or allow public access through any means of public communication, the intellectual and industrial property rights of Engisoft or third parties; (d) not make alterations to the Platform, Portal, Applications, or Services that may affect their usability, functionality, or content; (e) make a backup copy of the contents of the Applications from their authorized Devices, especially the databases subject to processing through them, on a daily basis, as well as an additional weekly and monthly copy.
The User must use each of the corresponding Services solely for its own needs, undertaking not to carry out either directly or indirectly any commercial exploitation of the Services or the materials, elements, and information obtained through them.
The trademarks, labels, distinctive signs, and logos of Engisoft appearing on the Platform, the Portal, and the Applications are owned by Engisoft and are duly registered or in the process of registration. The names of other products, services, or companies that appear may be trademarks registered by their respective and legitimate owners.
Except for the rights expressly granted under these Conditions, all other intellectual and industrial property rights over the Portal, the Platform, the Services, and the Digital Contents are reserved by Engisoft and its licensors.
8. HYPERTEXT LINKS
No hyperlink to the Engisoft Platform or Portal may be established from any website or application without the prior express consent of its owner. The redistribution of content is prohibited, except with prior agreement between the origin and destination points. Users or owners of other websites or applications intending to create a hypertext link (hereinafter, link) to the Platform or Portal must commit to respecting Engisoft’s rules and ensuring compliance.
These rules consist of: (i) not establishing links to pages or subpages other than Engisoft’s homepage, (ii) not making false, inaccurate, or incorrect statements next to the link that may mislead or violate the law, morals, or good customs, (iii) not including any trademark or sign susceptible to protection other than the URL address, (iv) not establishing links with pages containing content, statements, or propaganda of a racist, xenophobic, pornographic, terrorism-promoting nature, or that infringe human rights or that, in general, may harm Engisoft’s or its clients’ good commercial name or image.
In the event that this website or application may contain links to other portals or websites not managed by Engisoft, this company states that it does not exercise any control over the portals or websites nor is it responsible for their content. The links that this website or application may contain will only be offered as informational references, without any evaluation of the content, owners, services, or products offered from them. The inclusion of links to other devices, websites does not imply that Engisoft promotes, endorses, guarantees, or recommends the content of the mentioned mobile devices, portals, or websites.
In any case, Engisoft disclaims all responsibility in relation to the services provided by these third parties regarding any type of claim or demand that may be brought against them.
9. PERSONAL DATA PROTECTION: PRIVACY POLICY
The policy regarding the protection of personal and confidential data of Engisoft extends to all aspects related to the collection and use of information provided through the Platform and the Services offered through it.
The Parties undertake to respect at all times the current regulations on the protection of personal data.
The collection and processing of personal data provided by registered Users at the time of registration or subsequently to access any of the services will be carried out in accordance with the provisions of Engisoft’s Privacy Policy.
The User acknowledges and agrees that the payment data provided by the User when making purchases and subscriptions via credit or debit card are provided by the User to an electronic payment gateway that is not owned by Engisoft. For Subscription payments, the Client acknowledges and agrees that the payment data entered are not stored by Engisoft but may be stored by the electronic payment gateway for the payment of subsequent installments. Engisoft excludes all liability regarding the confidentiality and security of the information and data provided by the User to the payment gateway, to the extent that the processing of such information and data is not under the control of Engisoft.
Engisoft collects User data and data entered by the User on the Platform and on the Devices using Platform Services, which may be stored on mobile devices or in the cloud for the purpose, among others, of providing the requested services, addressing queries and suggestions, conducting market studies, analyzing the user’s use of the Services, creating purchase profiles in order to apply benefits, discounts, and additional offers related to the User’s status, sending promotional communications and newsletters to the User who authorizes it and does not express otherwise, through any means (electronic or not), about news, products, services, offers, and special promotions.
Any User may exercise the rights of access, rectification, cancellation, and opposition to the processing of their personal data by contacting Enginyeria de Software, S.A. as specified in Clause 21 (Notifications).
Given the type of Services contracted, Engisoft may have access to personal data that are part of files owned by the Client. It is expressly stated that the Client is the File Manager and designates Engisoft and Engisoft’s subcontractors as Data Processors or Subcontracted Data Processors, respectively.
Engisoft undertakes not to disclose to third parties and to keep the utmost secrecy of all information and personal data to which it has access in compliance with this Contract and to provide it only to personnel authorized by the Client. Engisoft will only have access to personal data that are necessary to carry out the provision of Services agreed in this Contract.
In particular, Engisoft undertakes to:
Process the data in accordance with the Client’s instructions, not applying them or using them for purposes other than those established in the Contract, nor will they be communicated, even for storage, to any third party without the prior authorization of the User, except as established in relation to Subcontracting as set forth in Clause 16;
Inform its staff, collaborators, and subcontractors of the obligations established in the confidentiality and data processing matter, and will subscribe with them any necessary documents in order to ensure compliance with such obligations;
Provide and maintain, when Engisoft uses only its own information systems for the provision of Services, to comply and maintain, when for the provision of Services Engisoft uses or accesses information systems provided by the User, the necessary technical and organizational measures to guarantee the security of data and prevent its alteration, loss, and unauthorized processing or access in accordance with the regulations and as provided in this Contract;
Once the Contract is terminated, destroy the data subject to processing, except for those that must be kept blocked as a result of a legal provision or as long as liabilities may arise from the relationship between Engisoft and the User.
When the processing of personal data is carried out on Engisoft’s premises or in a technological environment controlled by it, Engisoft undertakes to adopt and maintain the necessary technical and organizational measures to guarantee the security of the data and prevent its alteration, loss, and unauthorized processing or access, and depending on the level of security measures required at any given time. These measures refer, among others, to the files, processing centers, premises, equipment, systems, programs, and persons involved in the processing. In this regard, Engisoft informs the Client that the storage and processing of personal data are carried out on servers located in the European Economic Area. Additionally, by subscribing to this Contract, the Client consents to Engisoft being able to, if necessary, make international transfers of the Client’s personal data, and authorizes Engisoft to, after notifying the Client for this purpose, in compliance with the current data protection legislation, request, in cases where it is relevant, the corresponding authorization from the competent authorities, as well as in general to comply with the obligations imposed by the current regulations on the data exporter.
The Client accepts that Engisoft transfer its rights and obligations with respect to the processing of personal data of the Client to third parties and/or subcontract to third parties for this purpose. In the contract to be signed by Engisoft and the third-party Data Processor and only in relation to data processing, it will be understood that Engisoft acts on behalf of and for the account of the Client. Additionally, in the aforementioned contract, the Subcontracted Data Processor will assume all the obligations prescribed by the regulations to the Data Processor. Engisoft will notify the Client of the data of this Subcontracted Data Processor (as set forth in Clause 16). Any communication, supervision, control, or dispute related to the Subcontracted Data Processor will be carried out and resolved directly between the Client and Engisoft.
The Client affirms and guarantees that the personal data contained in its files have been collected in accordance with the provisions of current regulations, as well as that it complies with all the obligations established in said regulations.
Engisoft will inform the Client if a significant security incident occurs whenever the regulations require Engisoft to do so. In this regard, a security incident is defined as a breach of Engisoft’s computer security policies or standards. Engisoft will specify in its report the type of incident, the likely consequences of the incident for the affected personal data of the Client and their access, as well as any measure that Engisoft has taken or will take to address these consequences, to end the incident, and to prevent it from occurring in the future. If the incident is likely to have consequences for the Client and/or their personal data, Engisoft will immediately notify them. Engisoft will cooperate with the Client, if necessary, to inform them about the security incident.
10. CONFIDENTIALITY
The Parts undertake the strictest duty of confidentiality regarding the content of conversations, negotiations, and actions related to the subject matter of the Contract.
In particular, the User will keep confidential all information regarding the infrastructures, procedures, and technical tools managed by Engisoft to which they have access, committing not to disclose them, either wholly or partially, to third parties without the prior written authorization of Engisoft.
For its part, Engisoft will keep confidential all content and information that are subject to processing by the Client through the Platform and the Applications, committing not to disclose, either wholly or partially, their content to third parties without the prior written authorization of the Client.
This clause shall remain in effect after the resolution or termination of the Contract or any of the Services subject to it.
11. NULLITY OF CLAUSES
12. APPLICABLE LAW AND JURISDICTION
These General Conditions shall be interpreted and governed in accordance with Spanish law.
For the resolution of any dispute that may arise in relation to the execution or interpretation of the Contract, and with express waiver of any jurisdiction that may correspond to them, both the User and Engisoft agree to submit to the jurisdiction and exclusive competence of the Courts and Tribunals of the city of Igualada.
TITLE II – CONDITIONS FOR CONTRACTING THE SERVICES
13. PURCHASE OF HARDWARE AND THIRD-PARTY PRODUCTS
Engisoft provides services through the Platform. However, Engisoft also occasionally offers the possibility of purchasing hardware, consumables, or other products from third parties and other manufacturers, which registered Users can acquire upon payment of the specified amount. The registered User is required to pay the established price for the product, plus applicable taxes and/or duties, if any.
Engisoft offers the option of purchasing products to entrepreneurs, professionals, or legal entities, excluding consumers in all cases.
Published prices do not include applicable taxes and are subject to change without prior notice. Any promotions will be expressed in prices excluding taxes (unless explicitly stated otherwise).
The Customer will pay the cost of shipping and delivery of the purchased products, the amount of which will be provided to the Customer before confirming the purchase. The available shipping methods, their conditions, and prices are available at the URL http://shop.engisoft.com/pos_mobile_entrega_de_productos
The Customer has access to the Warranty and Return policy for products and their applicable conditions, available at the URL http://shop.engisoft.com/pos_mobile_entrega_de_productos
14. MODALITIES OF CONTRACTING PLATFORM SERVICES
The provision of Services by Engisoft is carried out through the Platform in the “SaaS” (Software as a Service) mode, whereby the Client utilizes the infrastructure provided by Engisoft via Cloud Computing solely to access the Platform and the contracted Services, i.e., by accessing via the Internet the resources and applications available on the cloud infrastructure maintained by Engisoft, where the contents owned by the Client are hosted as well as performing backups of the same.
The Platform offers a wide range of Services, which are periodically updated, such as software services in SaaS mode, data storage accessible through Compatible Devices and the Portal, support services, reports on stored information, FAQs, and user forums, among others.
Users can access one or more Services from the catalog through the following contracting modalities:
i) Purchase: Allows the Client, upon payment of the specified amount, to acquire services provided by Engisoft (e.g., support services, training services, business consulting services, etc.).
ii) Subscription: It is a monthly, quarterly, semi-annual, or annual subscription that allows, through the payment of a fixed periodic fee, registered Users to access the Platform and use dedicated resources in the Cloud infrastructure for hosting and sharing data. The subscription may include functionalities for the User on the Portal regarding such data, as well as user support services. The specific conditions of each type of subscription are regulated in the corresponding Service Subscription Contract Conditions.
Engisoft may add new service contracting modalities as well as new service packages in the different contracting modalities, which will be communicated through its publication at the URL http://www.engisoft.com/precios_servicios. These new modalities and service packages will also be subject to these General Conditions.
Engisoft reserves the right to make modifications to the Platform as it deems appropriate, at any time and without prior notice, being able to update the Services as it deems necessary.
Regarding the Applications for Compatible Devices, Engisoft will inform the Client about the availability of updates and the need to install them on their Devices. Failure by the Client to install the available updates within the notified period by Engisoft, with a maximum of 30 days if not specified in the notification, will result in the inability to enjoy the new functionalities developed for the contracted Services, as well as the suspension of the service provided by Engisoft, exempting the Client from any responsibility towards Engisoft for the possible defective operation of the Applications or contracted Services or the deficiency in their provision.
The User can cancel their subscription to the Service or its renewal, as stipulated in Clause 19 (Cancellation of Services).
15. CONTRACTING AND PAYMENT
The registered User may purchase products according to the conditions detailed in Clause 13 (Purchase of Hardware and Third-Party Products) by following the steps indicated on the Platform.
The registered User may contract the Services in any of the modalities detailed in Clause 14 (Modalities of Platform Service Contracting) by following the steps indicated on the Platform.
As consideration for the contracting of a product or Service from Engisoft, the registered User is obligated to pay the established price for it, plus applicable taxes and/or duties, if any. The rates in effect for the Service will apply at all times, including cases where the User may benefit from any promotions available at the time of contracting.
These General Terms of Use of the Engisoft Website accepted by the registered User at the time of registration will be the conditions that apply to the contracting of Engisoft’s Products and Services and will be deemed accepted by the registered User each time a Service from Engisoft is contracted.
Furthermore, in the Subscription modality, the specific conditions offered at the time of contracting will apply, as outlined in the Conditions of Subscription Service Contracting. The contracting of a Subscription implies acceptance of automatic renewal upon expiration of the contracted billing period.
Access to the services is subject to payment of a price (a periodic fee in the case of Subscription). The prices indicated on the Platform do not include the taxes and/or duties applicable at the time of service provision, which will be those legally in force at the corresponding time.
When the Customer makes a purchase, the Platform will redirect them to the electronic payment gateway. The electronic payment gateway will request payment data from the Customer’s credit or debit card. The Customer acknowledges and agrees that the payment data provided by the User when paying for their purchases and subscriptions by credit or debit card are provided by the User to an electronic payment gateway that is not owned by Engisoft. For Subscription payments, the Customer acknowledges and agrees that the payment data entered is not stored by Engisoft but may be stored by the electronic payment gateway for subsequent installments.
When the registered User provides their payment data to the electronic payment gateway, they authorize Engisoft to use such data, credit or debit card, to charge the corresponding price for each of the contracts the registered User makes on the Platform as well as for the collection of all monthly payments of the Subscriptions contracted.
Subscription service fees are monthly and are billed according to the billing frequency indicated in the Conditions of Subscription Service Contracting from the day the User signed up for the subscription (for example: a) if the User signed up on April 5 with annual frequency, the next installment would be charged on April 5 of the following year, b) if the User signed up on April 5 with monthly frequency, the next installment would be charged on May 5). If the User does not wish to pay the next installment of the contracted period, they must cancel the subscription before the next installment is due (following the same example, the User would have until the 4th day to cancel and not pay the next installment), as indicated below.
In the event that Engisoft cannot collect payment for any reason, including refund, delay, or non-payment, the contract will be considered unfinished, and Engisoft will not be able to grant access to the contracted service. Failure to pay the installments for the contracted period will empower Engisoft to suspend access to the service, at any time and without prior notice, either partially or entirely, by the subscriber or to the definitive termination of the subscription.
Once the contracting of any of the services is completed, Engisoft will send the Customer proof of the contracted service, with all its terms, via email. The Customer accepts and gives express consent to receiving their electronic invoice and contract in digital format. If the User wishes to read the General Terms of Use of the Engisoft website more carefully, they may print it on paper or save the document in electronic format.
Engisoft reserves the right to grant and deny the benefit of new promotions to those subscriber Users it considers appropriate at any given time, for justified reasons, particularly if they have already benefited from a previous promotion.
Engisoft may offer the User the possibility to access some of the services by redeeming a coupon. The option will appear on the shopping cart screen before finalizing the purchase. In such case, the User who has a coupon (obtained previously through a promotion or purchase) may access the service under the conditions established for the corresponding coupon, which will be provided to the User at the time of coupon delivery.
Given that the provision of certain Services is carried out through Cloud Applications, and that Engisoft has subcontracted with a third party for the provision of Cloud Computing services (as stated in Clause 16), the Parties agree that in the event that said subcontracted third party increases the costs associated with the provision of such services, Engisoft shall be empowered to pass on such increase to the amounts reflected in the Conditions of Subscription Service Contracting contracted by the Customer by giving prior notification of said increase fifteen (15) days in advance of the date on which it becomes effective. In the event that such a cost increase results in an increase in the monthly fee currently paid by the Customer for the affected Services by more than 10%, the Customer will be empowered to unilaterally terminate the Contract within 30 days from receipt of the notification from Engisoft without the need to pay any compensation for early termination.
The Customer must fully pay the agreed amounts indicated in the Conditions of Subscription Service Contracting, regardless of the actual use or benefit obtained from the contracted Services.
Engisoft excludes all liability regarding the confidentiality and security of the information and data provided by the User when paying for their purchases and electronic subscriptions by credit or debit card, to the extent that the processing of such information and data is not exclusively under the control of Engisoft.
16. SUBCONTRACTING
Engisoft may subcontract the total or partial execution of the Services.
In particular, the User expressly acknowledges and accepts that Engisoft has subcontracted the virtual infrastructure through which access to the Cloud Applications is made (including the performance of backup copies of the content owned by the Client subject to processing through the Platform). Currently, the subcontractor providing these services is Amazon Web Services, Inc. Engisoft shall have the authority to replace said subcontractor with another of its choice at any time, notifying the User of such substitution and providing the details of the new subcontractor within fifteen (15) days prior to the occurrence thereof. In no event shall the substitution of this or any other subcontractor entitle the User to terminate the Contract prematurely or request modification of its conditions. This is without prejudice to the User’s right to request early termination due to an increase in the monthly fee as provided in Clause 15 (Contracting and Payment).
17. ASSIGNMENT OF THE CONTRACT
18. NON-RESALE OF THE SERVICES
19. CANCELLATION OF SERVICES
In the case of a non-subscription Service, the User has the option to not renew the contract upon the expiration of the contracted period, or any of its extensions.
In the case of a Subscription, the User can cancel the automatic monthly renewal of the subscription in the Portal, subject to the minimum commitment and other stipulations contained in the Subscription Service Contract Conditions at the time of contracting, which the User must expressly accept. However, since it is a monthly service, the subscribing User will continue to have access to the Subscription until 30 days have elapsed since the last paid installment. Once this period has passed, the cancellation will take effect, and the user will no longer have access to the Subscription service.
In the event of return, delay, or non-payment of a Service or Subscription fee by the Client, Engisoft is empowered to definitively interrupt the Services and consequently, terminate the Contract, and may also request the corresponding compensation for early termination of the Contract as stipulated in this clause and payment for damages suffered as a result of the Client’s contractual breach.
The Client acknowledges and accepts that the cancellation of a Service implies the destruction of the data stored by the Client in the Platform for said Service, thereby releasing Engisoft from any liability arising from the destruction of such data.
Engisoft reserves the right to unilaterally modify, at any time and without prior notice, the configuration and operation of the Services, their contents, their prices, the Portal, and the Platform Services, as well as the conditions required to access or use the Service, without any other requirement than their publication on the page http://www.engisoft.com/pos_mobile_precios or in these Conditions.
The characteristics and functionalities of the Service may be modified in order to adapt it to technical developments, variations in the Service based on the target market, or the incorporation of new free or paid services or contents, as well as any technical improvements that allow the incorporation of a greater number of features, for the purpose of improving the Service.
Engisoft may modify, cancel, and/or suspend, at any time, temporarily or permanently, on its own initiative or at the request of a third party, access to the Service. Engisoft will notify the User of the modification, cancellation, or suspension of the Service with a period of ten (10) days in advance of the day on which the modification, cancellation, or suspension is to take effect, and of their right to terminate the Contract early without any penalty in case of non-acceptance of the new conditions.
The Client acknowledges that the provision of the Services entails investments and the need to incur costs with third parties for Engisoft. Consequently, if the Client terminates the Contract before its expiration, as stipulated in the Service Contract Conditions, or any of its extensions, the Client will be obligated to pay Engisoft, as compensation for early termination, (a) the total consideration for the Services set forth in the Service Contract Conditions, that is, the remaining periodic installments until the end of the Contract term, or any of its extensions, that should have been paid by the Client if early termination of the Contract had not been requested, (b) any one-time payment specified in the corresponding Service Contract Conditions that remains outstanding as of the effective termination date of the Contract; and (c) the amount of any bonus or discount that the Client may have benefited from at the time of Contract signing.
20. CONTRACT TERMINATION
The Contract shall terminate for causes admitted both in the Civil Code and in the Commercial Code, and in particular, for the following: (a) by mutual agreement between the Parties expressly manifested in writing, and (b) by the early termination of the Contract in accordance with the terms and conditions set forth in Clause 19 (Cancellation of Services). In any case, the termination of the Contract shall not exempt the Parties from the fulfillment of pending obligations.
Without prejudice to the termination right of the Contract previously regulated, Engisoft may withdraw or suspend at any time and without prior notice the provision of Services to the Client in case it considers that the Client carries out activities that affect other clients of Engisoft and/or endanger the integrity or security of Engisoft’s infrastructure and/or Services or breaches any of the obligations assumed under the Contract, being able to request, if applicable, the indemnification for early cancellation provided for in Clause 19 (Cancellation of Services) and the payment of damages that may be incurred.
21. NOTIFICATIONS
The registered User may request the resolution of complaints and grievances raised. They must notify Engisoft as specified below, providing proof of the complainant’s identity, the content of the complaint, and the date on which it was filed.
Any communication Engisoft makes with the registered User, including communications related to the hiring of services, shall be conducted in writing through any means that allows proof of receipt, and may be directed either to the email address or to the postal address provided by the User in the registration form.
Any communication to Engisoft shall be made in writing through any means that allows proof of receipt, and may be directed either to the email address incidenciascloud@engisoft.com or to its postal address.
22. NULLITY OF CLAUSES
23. APPLICABLE LAW AND JURISDICTION
These general terms and conditions shall be interpreted and governed in accordance with Spanish law.
For the resolution of any dispute that may arise in relation to the execution or interpretation of the Contract, and expressly waiving any jurisdiction that may correspond to them, both the User and Engisoft agree to submit to the jurisdiction and exclusive competence of the Courts and Tribunals of the city of Igualada.
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