TÉRMINOS Y CONDICIONES
1. ACEPTACIÓN DE ESTOS TÉRMINOS
1.1 THIS LICENSE AGREEMENT (HEREINAFTER, THE “AGREEMENT”) IS AN AGREEMENT BETWEEN YOU (THE PERSON OR COMPANY LICENSED TO USE THE SOFTWARE, DOCUMENTATION, OR SERVICES) AND VISUALWEBS SPAIN (HEREINAFTER “VISUALWEBS”, “WE”, “US”, OR “OUR”). THIS AGREEMENT APPLIES TO PRODUCTS, SOFTWARE, SCRIPTS, SUBSCRIPTIONS, AND SERVICES PURCHASED FROM US.
1.2 By purchasing or using the Software/Services, you acknowledge that you have read and accepted this Agreement and agree to comply with it.
1.3 This Agreement enters into force when you place an order, activate an account, download software, or otherwise access the Services.
2. CAMBIOS
2.1 We may amend these Terms from time to time.
2.2 If a change is material, we will provide at least fifteen (15) days’ prior notice by publishing the updated Terms and/or notifying the account email on file.
2.3 Non-material changes (formatting, typo fixes, clarifications) may be effective upon publication.
2.4 If you do not agree with a material change, you may stop using the Services and terminate before the change effective date. Continued use after the effective date constitutes acceptance.
3. DERECHOS DE AUTOR
3.1 We are the copyright holder and/or lawful licensor of the Software and related materials.
3.2 Any activity that infringes this Agreement or applicable intellectual property law is prohibited and may be prosecuted.
3.3 We reserve the right to revoke licenses obtained or used in violation of this Agreement.
4. PERMISO
4.1 Unless otherwise stated in a product page or order, this Agreement grants a non-exclusive, non-transferable right to use one copy of the Software on one domain/installation for your internal personal or business use.
4.2 A separate license is required for each additional installation unless expressly stated otherwise.
4.3 Distribution, resale, sublicensing, renting, lending, or public redistribution without our written consent is prohibited.
5. SUS OBLIGACIONES Y RESPONSABILIDADES
5.1 You may not reuse any part of the Software code in other products or services except where expressly permitted in writing.
5.2 You may not give, sell, distribute, sublicense, rent, lease, or lend the Software or Documentation.
5.3 You may not make the Software publicly available for distribution.
5.4 You must preserve copyright and attribution notices unless removal rights are expressly granted by a separate written license.
6. NUESTROS DERECHOS Y OBLIGACIONES
6.1 We may reference your company name/logo as a customer only with your prior consent, unless otherwise agreed.
6.2 To the maximum extent permitted by law, we are not liable for losses resulting from unlawful use of the Software by you or third parties.
6.3 Our support obligations are limited to the plan or package purchased.
7. TERMINACIÓN
7.1 Either party may terminate subscription-based services for convenience with thirty (30) days’ written notice, unless a different minimum term is expressly stated in the order.
7.2 We may suspend or terminate immediately for serious breach, fraud, abuse, security incidents, non-payment, illegal activity, or IP infringement.
7.3 For other material breaches, we will provide notice and a fifteen (15) day cure period before termination.
7.4 Upon termination, rights to use Software/Services cease, subject to mandatory law and any agreed export window for customer data.
8. NO GUARANTEE / SUPPORT SCOPE
8.1 Software is designed for supported platforms/versions listed in product documentation.
8.2 We do not guarantee operation outside supported versions/environments.
8.3 Support, updates, and response targets are defined by the purchased plan/product.
8.4 Any references such as “priority”, “same-day”, or “24/7” are service targets unless expressly defined as guaranteed SLA in a signed agreement.
9. SERVICIOS DE PERSONALIZACIÓN
9.1 Customization packs are generally non-refundable once consumed, except where mandatory law provides otherwise.
9.2 Credit consumption is based on hours worked and applicable multipliers disclosed in advance.
9.3 We will notify you when tasks are completed or when additional credits are needed.
9.4 No negative credit balance will be generated without your prior confirmation.
9.5 If credits are exhausted, work pauses until additional credits are purchased.
9.6 Immediate/critical tickets may apply a 2.0x multiplier. AI-assisted tasks may apply an AI multiplier disclosed per reply.
9.7 Weekend and Spanish public holiday tasks may apply urgent-rate multipliers.
9.8 Immediate attendance is queue/capacity based and is not a guaranteed SLA unless expressly stated in a signed SLA.
9.9 Customer must maintain backups and recovery capability. This does not limit rights under mandatory law.
9.10 Effective date and multiplier changes apply prospectively. No retroactive pricing changes for already delivered work.
9.11 Current AI multiplier rate: 1.2x (unless updated under Section 2).
10. CUENTAS CON DESCUENTO
10.1 Accounts with discounted hourly rates may be subject to minimum annual purchase thresholds as specified at purchase time.
10.2 If the threshold is not met, pricing may be adjusted to standard rates for future work, with prior notice.
11. TUTORIALES DE BLOGS Y RECETAS WEB
11.1 Tutorials are provided for informational purposes only.
11.2 You are responsible for testing in a safe environment and maintaining backups before applying any tutorial.
12. SEGURIDAD
12.1 We implement reasonable technical and organizational measures to protect data, including access controls and encryption in transit where applicable.
12.2 No system can be guaranteed as completely secure; you remain responsible for your own security controls and backups.
13. LIMITACIONES
13.1 To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
13.2 Nothing in these Terms excludes liability that cannot be excluded under mandatory law.
14. INDEMNIZACIÓN
14.1 You agree to defend, indemnify, and hold harmless Visualwebs from third-party claims, damages, losses, and costs (including reasonable legal fees) arising from: (i) your unlawful use of the Services; (ii) your breach of these Terms; (iii) your violation of third-party rights; or (iv) your data/configurations/instructions.
14.2 This clause does not apply to the extent a court finally determines the claim was caused by our wilful misconduct, fraud, or gross negligence where non-excludable.
15. REFUNDS (UNIFIED POLICY)
15.1 Digital Products (one-time licenses): Refund requests are accepted within thirty (30) days of purchase, except where mandatory law provides otherwise.
15.2 Paquetes de soporte prepago: Only unused credits are refundable. Consumed credits are non-refundable.
15.3 Subscription Services: Subscription fees are non-refundable for the active billing period once access has been provided, except where mandatory law provides otherwise. Cancellation stops future renewals.
15.4 Proceso de reembolso: Contact [email protected] with order details and reason. Approved refunds revoke associated usage rights/licenses to the refunded item.
15.5 Precedence: If any refund text conflicts elsewhere in these Terms, this Section 15 prevails.
15.6 Consumer Rights: Nothing in this Section limits mandatory consumer rights.
16. AI SERVICES DISCLAIMER
16.1 AI outputs are assistive only and may be incomplete or inaccurate. You are responsible for human review and final decisions.
16.2 AI outputs are not financial, legal, tax, medical, or investment advice.
16.3 Third-party provider costs (including, without limitation, OpenAI, Pinecone, or equivalent services) are not included in any plan, trial, demo, free, or paid account unless expressly stated otherwise in the specific product page, plan description, or signed order.
16.4 Free/trial/demo accounts may have stricter limits and no guaranteed availability/support.
17. MODIFICATIONS TO SERVICES
17.1 We may modify, suspend, or discontinue features for technical, security, legal, or operational reasons.
17.2 Material service changes will follow Section 2 notice rules where applicable.
18. LIMITATION OF LIABILITY AND ACCEPTABLE USE
18.1 Users must use Services lawfully and must not engage in fraud, malware distribution, abuse, or unlawful activity.
18.2 To the maximum extent permitted by law, Visualwebs is not liable for indirect or consequential losses (including loss of profit, goodwill, or data).
18.3 Where liability cannot be excluded by law, Visualwebs’ aggregate liability is limited to fees paid for the relevant Service during the three (3) months preceding the event giving rise to the claim.
18.4 Nothing in this Section excludes mandatory consumer rights or non-excludable liabilities by law.
19. PRIVACY AND GDPR COMPLIANCE
19.1 We process personal data in accordance with GDPR and our Privacy Policy.
19.2 You may exercise privacy rights as described in our Privacy Policy.
19.3 Privacy contact: [email protected]
20. DATA PROCESSING AGREEMENT (DPA)
20.1 Where Visualwebs acts as processor under GDPR Article 28, processing is limited to contracted services and documented instructions.
20.2 We apply appropriate technical and organizational measures and use subprocessors as necessary for service delivery.
20.3 Upon termination, personal data is deleted or returned subject to legal retention obligations.
20.4 Subprocessor and retention details are defined in the applicable DPA/Privacy documentation.
21. PLAN GRATUITO, SERVICIOS DE IA/LLM, SERVICIOS DE TERCEROS Y ASIGNACIÓN DE RESPONSABILIDAD
21.0 Ubicación del proveedor y región Hosting
Visualwebs is established in Spain (EU). Services are primarily hosted in the EU/EEA. If transfers outside EEA occur, legally required safeguards apply.
21.1 Definiciones
(a) “Free Plan” means trial/demo/promotional/zero-fee accounts.
(b) “AI Services” means AI/LLM/prediction/recommendation/classification/generation/automation outputs.
(c) “Third-Party Services” means external providers not fully owned/controlled by Visualwebs.
21.2 Free Plan Restrictions
Free Plan features/quotas/access may be limited, throttled, modified, suspended, or discontinued at any time.
21.3 No SLA for Free Plan
Free Plan is provided “as is” and “as available”, without uptime/performance/support commitments unless expressly stated in writing.
21.4 Exención de responsabilidad sobre dependencias de terceros
We are not responsible for outages, policy/API changes, account suspensions, or failures of Third-Party Services.
21.5 AI/LLM Output Responsibility
Customer is solely responsible for reviewing outputs and business decisions derived from them.
21.6 Workflow Risk Allocation
Automations (including n8n or similar tools) operate at customer risk. Customer must implement controls, approvals, reconciliation, and backups.
21.7 Economic/Operational Loss Exclusion
To the maximum extent permitted by law, we are not liable for revenue loss, profit loss, reputational harm, operational disruption, chargebacks, or similar losses linked to AI/third-party dependencies.
21.8 Indemnification
Customer indemnifies Visualwebs for third-party claims caused by customer misuse, unlawful configurations/instructions, or customer legal breaches, subject to non-excludable law limits.
21.9 Limitation Period
Claims under this Section must be brought within twelve (12) months from when the claimant knew or should have known the event, to the extent permitted by law.
21.10 Aggregate Liability Cap
If liability cannot be excluded, aggregate liability is capped at fees paid for the relevant service during the three (3) months preceding the event.
21.11 Mandatory Consumer Rights Carve-Out
Nothing in this Section excludes rights that cannot be waived under mandatory consumer law.
21.12 Precedence
In case of conflict between Section 21 and other sections, Section 21 prevails to the fullest extent permitted by law, without prejudice to mandatory law.
22. JURISDICTION AND APPLICABLE LAW
22.1 These Terms are governed by the laws of Spain.
22.2 Disputes are subject to the courts of Granollers, Cataluña, Spain, without prejudice to mandatory jurisdiction rights granted to consumers under applicable law.
23. ACUERDO COMPLETO
These Terms, together with applicable order forms, product pages at time of purchase, Privacy Policy, and any signed SLA/DPA, constitute the entire agreement regarding the Services and supersede prior communications on the same subject.
24. ACCEPTANCE RECORD
We may store evidence of Terms acceptance (including version, date/time, account ID, and technical metadata such as IP/device) for contractual, legal, and compliance purposes.
