Prueba GRATIS

Legal Terms and Conditions of Use

1. Legal information

The person responsible for processing the data we collect is Bellahora SL (hereinafter, "BEWE" or the "Company" without distinction) with CIF B-66.204.751 and registered office at Calle Almagro, 21, Planta 2, 28010 Madrid, Spain, and registered in the mercantile registry of Volume 44108, Folio 220, Sheet 447187. You can contact the entity, either through the email contacta@bewe.io, or by telephone 93 159 98 80.

2. Terms and conditions of use

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

The access and navigation on the Website implies expressly accepting and knowing the legal warnings, conditions and terms of use contained therein without any reservation. The user declares and recognizes:

  1. Have read, understood and fully understood the terms of use of these Terms of Use, Cookies Policy y Privacy Policy.
  2. Be a person with sufficient capacity to contract. The participation is aimed at individuals over 18 years of age. The user is solely responsible for the veracity and accuracy of the data provided.
  3. Assume all the obligations set forth herein.

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

BEWE reserves the right, without prior notice, to modify or update, in whole or in part, these Terms of Use. It is recommended that all users read them carefully each time they access the services since, Due to the nature of the same, it is possible that they are modified or include changes in the content.

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

3. Services and Contents

BEWE 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 by accessing different functionalities in an integrated manner such as an agenda or different modules for managing customer relations, offers, appointment planning, accounting and billing among others ( hereinafter, the "Saas Services") according to the specific needs of the business.

Mobile Apps: BEWE offers design, development and IT maintenance services for a Mobile App to businesses that will allow comprehensive management. To do this, BEWE will manage and obtain the licenses, permits and administrative authorizations necessary for the design, development and execution of the service from the registered user (hereinafter, the "Center"). Likewise, it will be responsible for all the taxes that accrue as a result of the contract, except the Value Added Tax (VAT) or its equivalent, which BEWE will pass on to the Center; The development of App Mobile may be for IOS and ANDROID.

BEWE may make use of all the techniques, ideas, concepts, and knowledge that it has developed or acquired by itself during the development of the software. The Center authorizes BEWE to use its distinctive signs, trademarks and / or any content necessary for the design and development of the service, on which it claims to hold intellectual property rights. BEWE grants the option to the Center of the registration of the software developed in the Intellectual Property Registry of Barcelona. The registration, which will be paid for by the Center, will duly reflect the authorship of BEWE and the agreed conditions regarding intellectual property rights.

The Center will have the right to enjoy an ANS free of charge during the term of the contract.

Virtual POS Card System: Within the services offered by BEWE, the Center is offered the possibility of contracting the Virtual POS Card System, a tool that allows the Center to charge for the services and products offered to its customers online, easily, quickly and safely.

Through SaaS, the Center will be able to allow its customers to pay securely with a card over the Internet through the introduction of passwords by the cardholders without them having to enter the card information in each payment. For this purpose, the Center will allow BEWE to accept payments on behalf of the Center, a fact known and accepted by the Center. The payment term of the corresponding remittances will be that specified in the corresponding annex in accordance with the specific contracting conditions agreed upon with the Center at any time.

The Center can consult our general conditions applicable in the corresponding section when requesting its activation. The contracting / activation of the service implies the full acceptance of the terms and conditions included in the referenced section.

4. Hiring Process for SaaS Services

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

Opening the Account - User identification

The Center must have a device with Internet connection (the costs of connection to the network are the exclusive responsibility of the users), to register and complete the form available for that purpose. To do this, personal data must be provided, the completion of which is obligatory, so that without it SaaS Services can not be accessed. The data entered by the Center must be accurate, current, complete and true.

When registering, the Center will indicate a username and password ("Identifiers") that will allow you to access your private area. These 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 your account and assigned Identifiers and undertakes to keep them secret and not disclose them in any way, being the only responsible for the loss of them. BEWE will not be responsible for the use by any third party of the Identifiers due to their non-diligent use or loss by the Center.

Demo version

BEWE offers the possibility to try a one-time demonstration version of SaaS for a period of fifteen (15) days. This requires an online registration of the user, which is free. Once the aforementioned period has elapsed, the demonstration version will be deactivated without requiring any additional action by the Center. If the Center wishes to continue using the services after the end of the trial period, the payment subscription is required.

Rates

BEWE will make available to the Center different modalities of management plans (Basic, Business, Business Mobile, Silver, Gold, Diamond) and different types of payment (monthly or annual) that must be selected by the Center through the Website or App Mobile All the plans will include a breakdown, in each case, the corresponding price, including VAT and other applicable taxes.

Duration

The duration will be conditional on the selected management plan and will be renewed automatically unless the Center notifies BEWE of its intention not to renew its subscription at least fifteen (15) days in advance. 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 contacta@bewe.io. BEWE 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 BEWE has billed the advance payment for the next agreed period, so that, if it occurs after such billing or in a period shorter than indicated, the Center You must 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 Center's records duly blocked and the records related to its interactions with the SaaS exclusively for the maximum time legally permitted to meet any liabilities that may legally arise. required.

Modifications

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

License

BEWE grants the Center a license to use the non-temporary software, conditioned to the payment of the price, non-exclusive, non-sublicensable and non-transferable, limited to the services of the contracted SaaS Services and without geographical limitation "as is". Notwithstanding the foregoing, the publication service may have geographical or language limitations. The license will be rescinded as of right in case of absence of payment of the price.

The Center recognizes that all computer elements, source code, Web pages, applications, data models, images, designs, content, logos, brands and any other product that may be protected under the applicable legislation on Intellectual Property, Patents and Trademarks to which you have access by subscription to the SaaS Services are the property of BEWE AND / or third parties that own them. The payment of the price does not constitute the purchase of the used solutions, nor of the titles, nor of the corresponding author's rights.

The Center may not resell or commercialize in any way, in whole or in part, the SaaS Services provided by BEWE subcontracting it to third parties, nor transfer to third parties the rights and obligations deriving from the provision thereof.

In addition, the Center may not perform reverse engineering, decompile, disassemble or attempt to obtain the source code, or decipher, modify or create derivative works of SaaS or any of its computer parts / elements that constitute the applications, considering itself as such. case, as a breach of the intellectual property rights of BEWE and / or third parties.

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, without limitation, trademarks and distinctive signs, source and object code, preparatory materials, manuals, diagrams, contents, designs, interfaces and works subject to intellectual property rights related to said software and to the Website. Also, BEWE.

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

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

The Center can not make copies of the SaaS and services and may not use them for purposes other than those for which they are intended, without the prior written consent of BEWE. The improper use, or for a purpose other than agreed to any distinctive sign protected by the industrial or intellectual property rights of another of them, both nationally and internationally, will empower BEWE to terminate the contract and request the corresponding compensation for damages and damages that may have occurred.

6. Data Processing, Confidentiality and Use of Cookies

The Company acts in accordance with European standards and applicable legislation on the protection of personal data, in particular, with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of personal data. natural persons with regard to the processing of personal data and the free circulation thereof and other applicable regulations. The Center authorizes BEWE to store any personal data provided or information related by 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 BEWE services.

The Center agrees to obtain all legally required consents, authorizations and approvals and make all necessary declarations before (i) using 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.

BEWE 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 at all times the state of the technology. The Company states that it uses the cloud hosting services provided by "Amazon Web Service" in the United States and that it translates its terms and conditions (Privacidad & Legal) to the Center, which accepts. Any contingency or eventuality of any nature that causes damage to the Center due to failures, alterations or modifications of the services provided by "Amazon Web Service" will not be the responsibility of the Company, being such ends alien to its will and impossible to control.

Finally, it is reported that by visiting this Website is not automatically recorded any personal data that identifies a user, instead there is certain non-personal information and not identifiable with the specific user that is collected during the session live through devices called "cookies" that allow us to obtain statistical information about the use of the web portal to then make improvements. Every user should consult our Cookies Policy.

7. Additional Information and Links

Additionally, the Company offers services and / or contents on the Website related to its activity, being these 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, BEWE reserves the right to eliminate, limit or prevent access to the Website and / or SaaS when technical difficulties arise due to events or circumstances beyond the Company that, in its sole discretion, reduce or cancel the security levels adopted. for the proper functioning of it.

The Website may contain links to third-party websites whose ownership and management corresponds to independent distributors or service providers over which the Company has no control or ownership whatsoever, for which reason BEWE does not guarantee or be held responsible in any way for those contents, 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 otherwise, has a merely informative purpose and in no case supposes suggestion, invitation or recommendation on them, corresponding to the user to verify as many information as it deems necessary and opportune. The Company reserves the right to withdraw unilaterally and at any time the links that appear on its Website.

8. Exclusion of guarantees and responsibility

The Company makes every effort to avoid any error in the contents that may appear on the Website. However, this does not guarantee, nor is responsible for the consequences that may arise from errors in the contents that may appear in them or assumes any liability arising from the accuracy, completeness, accuracy, legality and / or reliability of the information published by the Center in it. Therefore, the Center may not host, store, disclose, publish, distribute, make available or share through it any content or material -texts, brands, logos, links, files, photographs, etc.- (i) about which does not have or has right or consent or is not legitimated 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 intolerance, discrimination or violence, or inappropriate as determined by BEWE at its sole discretion.

BEWE has adopted, within its possibilities and the current state of technology, all reasonable measures in order to ensure the proper functioning of the Website. Notwithstanding the foregoing, at no time guarantees the suitability for a particular purpose or its satisfactory quality. BEWE is not responsible or guarantees that access to it is uninterrupted is free of error or cause any damage. By way of example, and not limiting, in no case shall the Company be liable for losses, damages or losses of any kind in relation to the access and use of the Website and / or the SaaS that derive from:

  1. those caused to computer systems or those caused by the introduction of viruses and other computer codes, as well as possible security errors that may occur due to the use of non-updated software versions or the consequences that may arise from the operation of the Center device;
  2. for improper use or infraction of the conditions that BEWE establishes on the use of SaaS;
  3. of any action by the Center that may involve a violation of any type of national or international standard, of intellectual or industrial property rights or any other right of third parties, or of the Conditions of Use;
  4. of the contents, activities or statements that the Center disseminates or stores in the SaaS;
  5. of service interruptions, delays, errors, malfunctioning of the SaaS and, in general, of any inconvenience that have their origin in causes that are beyond the control of BEWE or in actions or services of third parties unrelated to BEWE and / or due to a malicious or culpable action of other users or third parties - attack by hackers, crackers or other third parties to the security or integrity of the computer system -, and / or that have origin in causes of Force Majeure.

The Center guarantees to BEWE that all the aforementioned content that is transmitted strictly meets these conditions, exempting the Company from any potential liability in this regard and will keep it harmless and, where appropriate, will compensate and compensate BEWE, its directors, employees, affiliates, agents and any other related persons, with respect to any claims, liabilities, sanctions, damages, losses, expenses or any other concepts that are a consequence of any breach of these General Conditions.

9. Applicable Law 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 law and subject to the exclusive jurisdiction of the Courts and Tribunals of Madrid, expressly waiving to any other jurisdiction that may correspond.