Terms of use

Who provides the services, and to whom

The services are provided by Ontobit, S.L.U. (tax ID B05748074). “Customer” means the business or professional that contracts them; “user”, each person the customer gives access to.

If a contract or order with specific terms is signed, those terms prevail over these.

The account

• The customer decides who has access and with what permissions, and is responsible for how its users use the services.
• Each user must keep their credentials safe and tell us if they suspect unauthorised access.
• The details given to us for sign-up and billing must be true and up to date.

Acceptable use

The customer agrees to use the services lawfully and, in particular, not to:

• Send commercial communications to people who have not consented to them, or prevent or hinder unsubscribing.
• Upload or distribute content that is unlawful, misleading or infringes third-party rights.
• Process personal data without a lawful basis or without having informed the people concerned.
• Attempt to access other customers' data, bypass security measures or overload the service.
• Resell the service without prior agreement.

Third-party platforms

Some features depend on external platforms (Meta for Facebook, Instagram and WhatsApp; TikTok; payment providers; email providers). By connecting an account, the customer declares that it is entitled to do so and undertakes to comply with that platform's terms and policies, including its messaging and commercial-content policies.

Those platforms may change, limit or withdraw their features outside our control. Costs they charge the customer directly (for example, WhatsApp conversations) are borne by the customer.

Customer content and data

The customer keeps all rights to the content and data it enters. It authorises us to host and process them only to the extent needed to provide the service.

It can export its data while the service is active and ask for its deletion on termination.

Data protection: data processing agreement

For the personal data the customer processes with the services, the customer is the controller and ontobit the processor (article 28 GDPR). ontobit undertakes to:

• Process it only on the customer's documented instructions, which are those inherent in using the service.
• Ensure the confidentiality of those who access it and apply appropriate security measures.
• Use only the sub-processors listed in the Privacy policy, giving notice of changes so that the customer can object.
• Assist the customer in responding to data subjects' rights and in meeting its security and breach-notification duties.
• Notify it without undue delay of any security breach affecting its data.
• On termination, return or delete the data as the customer instructs, and make available the information needed to demonstrate compliance.

Price and payment

The price and payment terms are those of the offer or plan contracted. Amounts exclude taxes unless stated otherwise. Non-payment allows us to suspend the service after giving notice.

Availability and changes

We work to keep the services continuously available, but there may be interruptions due to maintenance, incidents or causes beyond our control. Specific availability commitments, if any, are those agreed with each customer.

We may improve or modify the services. If a change substantially reduces a feature the customer uses, we will give reasonable notice.

Intellectual property

The software, brand and documentation belong to ontobit. The customer receives a non-exclusive, non-transferable right of use for the duration of the contract.

Liability

To the extent permitted by law, ontobit's total liability for damages arising from the services is limited to the amount paid by the customer in the twelve months before the event giving rise to it, and excludes loss of profit and indirect damages. This limitation does not apply in cases of wilful misconduct or gross negligence, or to anything the law does not allow to be limited.

Term, suspension and cancellation

The customer can cancel at any time, effective at the end of the period already paid for.

We may suspend or close an account that seriously or repeatedly breaches these terms, giving prior notice whenever possible.

Law and jurisdiction

These terms are governed by Spanish law. The parties submit to the courts of Madrid, unless a mandatory rule provides otherwise.