Terms and Conditions of contracting
The following terms and conditions of the Software as a Service (Koibox the «Terms and Conditions») govern the access, use, and exploitation that Users may make of the Software as a Service Koibox for the efficient management and administration of their business activities (the «Software» or «SaaS»). The Software, as well as the SaaS Services (as defined below), which are made available to Users by Software, Koibox S.L., a company with registered office at Avenida PĂo XII, 1 Valencia C.P. 46009, Spain, with the C.I.F. number B-98661028 and registered in the Commercial Register of Valencia, Volume 9814, Folio 37, Sheet Number V-161095 («»).KOIBOX.
The term «User» or «Users» shall mean the natural or legal persons who register by creating an account through the websites www koibox.es, www.softwarekoibox.com or crm koibox.cloud (the «Web») or the application Koibox available on Android and iOS (the «Application») to use the SaaS and SaaS Services, and who accept these Terms and Conditions (hereinafter, the Web and the Application shall be referred to collectively as the «Platform»). In the event of a breach by the User of any of the obligations set forth in these Terms and Conditions, KOIBOX the right to prohibit or deny such User the use of the Software or access to any of the SaaS Services offered KOIBOX through the Platform shall be reserved.
The present Terms and Conditions together with the Terms of Use, the Privacy Policy and the Cookie Policy, constitutes the Contract governing the relationship established between and KOIBOX the Users.
Users are advised to read these Terms and Conditions before accepting them. In any case, the User will always have access to these Terms and Conditions on a visible and freely accessible site on the Platform for any queries they may have. The KOIBOX Company reserves the right to modify these Terms and Conditions at any time without prior notice, notifying those conditions that may substantially affect the contractual relationship between the Company and KOIBOX the Users.
The User acknowledges that they are over eighteen (18) years old and declares that they possess full legal capacity when accepting these Terms and Conditions. Likewise, those natural persons who register as a User of a legal entity in their capacity as representative or authorized person declare and guarantee that they possess all the necessary powers to bind the legal entity User under these Terms and Conditions.
Access to the Platform does not imply any type of guarantee regarding its suitability for the User's particular and specific purposes. The User KOIBOX may establish additional limitations or conditions for the use of the Software, SaaS Services and/or access to the Platform, which must be observed by the User at all times.
1. Services and content
1.1. General features of SaaS and SaaS Services
Through the Platform, KOIBOX it offers Users access to and use of the Software and SaaS Services under the «software as a service» formula, to manage their administration and business activity more efficiently. The SaaS Services are integrated with various functionalities such as agenda and customer relationship management modules, marketing, appointment planning, statistics and billing, among others, according to the specific needs of the business run by the User.
The data and information entered into the SaaS by the User are their property. The User will have the option to download the data and information from their account in the SaaS in the structure and format that KOIBOX is available to them. These data are exported with reference to the internal organization of the database structure . KOIBOX.
Any changes that KOIBOX may be made to the SaaS Services, such as functionality or terms of service provision, will be communicated in advance of the change and in any case before the change is implemented. The changes will be communicated to the User at the contact email address. The User will have 15 calendar days from the date of the communication to express their consent. After that period has passed without a response from the User, and unless required by law to obtain express consent, it will be understood that the User has accepted the proposed change and that the change will therefore be applied to the user account.
1.2. License for the use of the SaaS
KOIBOX It grants the User a non-exclusive, temporary, license to use the Software, subject to payment of the chosen plan, non-transferable and non-transferable, limited to the benefits of the contracted SaaS Services and without geographic limitations, and «as is». Without prejudice to the aforementioned, the publishing service may have geographical or language limitations. The license will be terminated immediately and without any prior notice in the event of failure to pay the price of the chosen plan.
The User acknowledges that all computer elements, source code, web pages, applications, data models, databases, images, designs, content, logos, trademarks and any other product susceptible to being protected under the applicable legislation on Industrial and Intellectual Property to which they have access through the subscription to the SaaS and the SaaS Services are the exclusive property of KOIBOX or KOIBOX the legitimate owner of the authorization to grant access and use to the User. The payment of the price of the chosen plan does not constitute the purchase of the solutions used, nor of the titles nor of the corresponding copyrights.
The User may not in any way, in whole or in part, resell or commercialize the Software and/or SaaS Services provided by KOIBOX sub-contracting them to third parties, nor transfer to third parties the rights and obligations arising from the provision of the same.
Furthermore, the User may not perform reverse engineering, decompilation, disassembly, or attempt to obtain the source code, nor may they decrypt, modify, or create derivative works from the SaaS or any of its computer components that constitute the applications; in such a case, this shall be considered a breach of the intellectual property rights of and KOIBOX /or third parties.
1.3. Availability and support services of the Platform
KOIBOX We cannot guarantee the 100% availability of the SaaS% due to problems inherent to the Internet, technical problems or those caused by third parties that are beyond our control KOIBOX or the User's own tools and work methods. The availability of the Software will be determined by the provider of KOIBOX Amazon Web Services, who guarantees a% 99.9% average monthly availability of the data centers. In any case, the SaaS can be used 24/7 unless there is some kind of problem with the servers that prevents access to it.
KOIBOX It does not guarantee the continued existence of the current functionalities of the software in the same state in which they currently exist, and it may at any time make the updates or modifications it deems appropriate.
Regarding the support services of the Platform, KOIBOX it handles inquiries regarding the operation and functionality of the Software through the «User Support» section, which can be accessed via chat on the Web, by phone at 960620053, or through the internal ticket system of the Platform. The schedule is from Monday to Friday from 09:00 to 18:00 without interruption (Spanish time).
1.4. Other services
App Design: KOIBOX It offers users who wish to hire it services of design, development, and IT maintenance for an App. This App will enable the comprehensive management of the center that the user will link to during the configuration of their account (the «Center»). App development can be for iOS and Android. This service is exclusive to users who choose the «PLATINUM Contracting Pack». Additionally, users who choose the «GOLD Contracting Pack» and choose the APP option will have access to the APP through Beauty Booking.
Once the APP has been developed and approved by the User, as indicated in the Specific Terms accepted by the User at the time of formalizing the contract for this service, any development or modification thereof will be budgeted and charged as an additional expense.
Online Payments: Another of the services offered by KOIBOX, is the possibility of integrating the Center with some payment gateways, so that the Center can use the payment gateway that best meets its needs and can charge for the services and products offered to its end customers, online, easily, quickly and securely, thanks to the integration of these payment gateways with KOIBOX.
Through the integration of the SaaS with the payment gateway, the Center will be able to allow its end customers to pay securely with their card over the Internet. The subscriptions made by the end customers of the Center will never pass through KOIBOX, the payment gateway will deliver them directly to the Center according to the corresponding agreement of terms agreed between the payment gateway and the User.
1.5. Demo or trial version
KOIBOX It offers Users the possibility to try a single demo version of the SaaS once. To do so, the User must register on the Platform, at no cost. The Demo or trial version will have a duration of 15 natural days, starting from the moment the User KOIBOX confirms the creation of their User account. After this period has elapsed, the trial version will be deactivated without requiring any additional action on the part of the User.
In the trial version, the User has access to explore and see how to download the stored information, which is the only way to export all the data from the User’s SaaS.
If the User wishes to continue using the services offered through the Platform, upon the end of the trial period they must proceed to the paid subscription and contract one of the packages offered by KOIBOX. If, on the contrary, the User does not formalize the contract for the Platform, after 15 natural days from the moment the User registers for the trial period, the account will be blocked and they will only have the option to contract the services of KOIBOX. Before the end of the trial period, the User must download all the information that they have stored on the Platform, as they will not be able to access their space on the Platform afterwards. KOIBOX, in compliance with data protection regulations, it will proceed to delete such information, except for that information that must be retained in compliance with legal and contractual obligations, which will remain duly blocked.
2. User registration on the Platform and contracting of management plans
To access the Platform, the User will need to create a user account and register KOIBOX the Center, provide the data requested in the form and accept these Terms and Conditions, as well as the other documents that form the Contract that binds the User. The creation of this account can be done either through the Web or the Application. Any change in ownership of the Center or the registration data must be communicated immediately to KOIBOX the address for info@koibox.cloud authentication and validation. KOIBOX The creation of the User account will only be completed upon successful completion of the registration process and with the prior confirmation of . Once the User account is KOIBOX created, an email will be sent to the contact address provided by the User during the registration process.
2.1. Account and User identification
To register and complete the User account creation form available for this purpose, the User must have a device with internet connection; the connection costs are the sole responsibility of the users. The data that the User must provide during the registration and account creation process are the minimum and essential ones for the account creation and for the access, use and exploitation of the Platform by the User. The data entered by the User must be accurate, current, complete and truthful. These data will be processed in accordance with Privacy Policy which must also be accepted at the time of creating the User account.
When registering, the User must provide a username and a password («Identifiers») that will allow them to access their private area. These Identifiers are confidential and may be changed only at the express request of the User to the address info@koibox.cloud provided KOIBOX for processing such requests. The User is fully responsible for the use they make of their account and assigned Identifiers and undertakes to keep them secret and not disclose them in any way, being solely responsible for any loss thereof. The User shall not KOIBOX be liable for the use of the Identifiers by any third party due to their negligent use or the loss by the Centre.
KOIBOX The User must never ask, directly or through third parties, for the User’s password, either by email or by phone. The User must refrain from providing this information and must immediately inform KOIBOX their address so info@koibox.cloud that they can KOIBOX carry out the tasks they consider necessary to avoid any security breach that could be generated by this type of message from third parties.
2.2. Recruitment process
Once the User account has been created, they will be able to access the Platform and will have access to the information KOIBOX made available to them regarding the SaaS and SaaS Services. Specifically, they KOIBOX will make available to the User different management plans (Lite, Basic, Gold, Platinum), the services that integrate them, and other information that is relevant so that the User can decide which management plan best suits their needs. They will also indicate the different payment modalities (monthly or annual) offered and KOIBOX that must be selected by the User through the Platform. The fees and conditions applicable to the selected payment modalities will be those indicated in the «3. Fees» section of these Terms and Conditions.
The User must follow the instructions KOIBOX provided by the Platform when formalizing the contract for the management plan. Once the User selects and confirms the management plan they wish to contract for the Center and the payment method, they will receive a message in their contact email address with a summary of what has been contracted for their record. Similarly, the User will have the same detailed summary available in their User account on the Platform so that they can review it whenever they wish.
3. Franchises
Those franchises that, in their capacity as franchisors, have contracted with KOIBOX the comprehensive business management service for their franchisees or own centers may opt for a special profile, which will allow them to access statistics for all associated centers and access their facilities as administrators.
With regard to the use of the Software by the franchised centers, the franchise is obliged to:
- Inform the franchised centers in writing about the functionalities and data of the Software that they will have access to from the special profile as a franchisee, and that they accept it.
- Carry out all the necessary steps to ensure that the managers of the franchised centers create their corresponding user account and, if necessary, provide the instructions they consider necessary for the proper use of the Software.
- Ensure and control that the use of the Software by franchised establishments is in accordance with the law, so that no infringement of the applicable legislation can be generated through their acts or omissions.
In any case, for KOIBOX, the User, who accepts these Terms and Conditions, will be ultimately responsible for their compliance, including the payment of any unpaid amount of the selected fee. Therefore, franchises are advised to ensure that they pay the fee of each franchisee in order to avoid any type of conflict with the franchisees.
4. Fees
The fees applicable to the management plans are reported on the Platform. In this regard, prior to contracting any of the management plans, the User will be informed of the cost of the selected management plan. All plans will include, in each case, a breakdown of the corresponding price, including VAT and any other applicable taxes. The current fees will be those applicable at the time of contracting the management plan. Any variation in these fees will be previously informed to the User, for the purpose of obtaining their consent to this modification.
Regarding the payment methods, those Users who choose the annual payment option will not be able to request a full or partial refund of the amount paid once the fee is paid.
Those Users whose payment method is by bank transfer, in the event that a receipt is returned by the bank, regardless of the reason for the return, KOIBOX will be entitled to a commission for each receipt return. The commission amount is 2€ and must be paid by the customer in the transfer to regularize the payment.
5. Duration
The duration will be conditioned by the different payment modalities (monthly or annual) selected for the SaaS and SaaS Services. It will be renewed automatically unless the User notifies KOIBOX their intention not to renew their subscription at least fifteen (15) days in advance of the end of the subscription period by sending a message to the address . info@koibox.cloud .
The User will have the option to suspend their account on the Platform or to cancel the account and thus terminate their relationship with Koibox.
In the event that the User chooses to suspend their account, they shall not be required to pay any amount. Once their User account is reactivated, they may resume using the Software to access the information and data that were hosted on the Platform, which will remain stored on the Platform at the User’s instructions. The maximum suspension period is two (2) years from the request for suspension. This period will be interrupted upon reactivation of the account and will be resumed upon a new request for suspension. The User may suspend their account whenever they notify it within the timeframe specified in this Clause, as many times as necessary.
If, on the other hand, the User chooses to unsubscribe from the service, this cancellation will result in the cancellation of the User’s account and their inability to access the Platform. KOIBOX The User undertakes to process said cancellation within fifteen (15) calendar days from the date of receipt of the request. In any case, the cancellation by the Centre must occur before the advance payment for the next agreed period KOIBOX has been invoiced, so that, in the event of it occurring after such invoicing or within a period shorter than the stated timeframe, the User must pay the corresponding invoice, even if they have no intention of continuing to use the SaaS.
Among the cancellation procedures that must be carried out KOIBOX by and for the User is the procedure for deleting the information and data that the User has stored on the Platform. In this regard, the User must download all the information and data before the cancellation of their account on the Platform takes place. After that period has elapsed, KOIBOX in compliance with data protection regulations, they will proceed to delete that information, without prejudice to the right they KOIBOX have to properly lock that information that they must retain in compliance with legal and contractual obligations.
6. Intellectual and Industrial Property
KOIBOX It is the exclusive owner of all intellectual and industrial property rights arising from the Website and SaaS, or it has the necessary authorizations to use it and authorize third parties to use it. Likewise, it KOIBOX is the exclusive owner, by way of example and not limited to, of the trademarks and distinctive signs, source code and object, preparatory materials, manuals, diagrams, content, designs, interfaces and works subject to intellectual property rights related to the Software and the Website.
KOIBOX The Center does not grant any intellectual or industrial property rights to the Center, in particular those related to the exploitation, distribution or transformation or modification of the Platform; all non-granted or explicitly authorized rights are reserved KOIBOX. Reproduction, copying, use, distribution, commercialization or any activity that may be carried out with the proprietary content is prohibited without the corresponding express authorization from .
The User may not make copies of the SaaS and SaaS Services, nor may they use them for purposes other than those for which they are intended, without the prior written consent of KOIBOX. The misuse, or for a purpose other than that agreed upon, of any distinctive sign protected by the industrial or intellectual property rights of another shall entitle KOIBOX. to terminate the Agreement, without prejudice to the exercise of any rights it may have under law to seek the corresponding compensation for damages that may be due.
7. Data Protection
7.1. Privacy policy
The data provided by the Users at the time of registering on the Platform will be processed in accordance with the Privacy Policy the KOIBOX, which must be read and accepted by the User at the time of formalizing their registration as a Platform User.
7.2. Access to personal data for the provision of the SaaS Services subject to these Terms and Conditions
The provision of the SaaS Services subject to this Agreement by KOIBOX the Users entails the access to personal KOIBOX data that is the responsibility of the User. In this regard, in compliance with data protection regulations, KOIBOX the User must sign the contract for data processing that is KOIBOX made available to Users at the time of their registration on the Platform. This contract sets out the instructions that must be KOIBOX followed in order to process personal data on behalf of the User.
8. Guarantees. Limits of liability
KOIBOX It makes every effort to avoid any errors in the content that may appear on the Platform. However, it KOIBOX does not guarantee, nor is it responsible for the consequences that may arise from errors in the content that may appear on it, nor does it assume any responsibility derived from the veracity, completeness, accuracy, legality, and/or reliability of the information published by the User on the same. The User may not, through their User account, host, store, disseminate, publish, distribute, make available or share any content or material (texts, brands, logos, links, files, photographs, etc.) (i) over which they do not have ownership rights or consent, or are not entitled to reproduce, transmit, disseminate, distribute, make available to third parties; (ii) that infringes or violates industrial or intellectual property rights or the personal rights of third parties (including, by way of non-exhaustive examples, copyright, trademarks, patents, designs and industrial secrets); (iii) that is illegal, false, misleading or inaccurate, threatening, insulting, hostile, defamatory, fraudulent, invasive of privacy, obscene, vulgar, pornographic, offensive, contain or depict sexual activity, promote intolerance, discrimination or violence, or are inappropriate.
KOIBOX has adopted, within its capabilities and the current state of technology, all reasonable measures to ensure the proper functioning of the Platform. In any case, it does not KOIBOX guarantee at any time its suitability for a particular purpose or its satisfactory quality. It is not responsible nor guarantees that access to it will be uninterrupted, error-free, or cause any damage. By way of example, and not limiting the above, it shall not be KOIBOX liable in any case for losses, damages, or any other type of harm related to access to and use of the Platform that result from:
- Those caused to computer systems or those caused by the introduction of viruses and other computer codes, as well as the possible security errors that could occur due to the use of outdated software versions, or the consequences that could result from the malfunctioning of the User's device.
- Due to improper use or violation of the terms and conditions KOIBOX that govern the use of the SaaS.
- Of any action by the User that may constitute a violation of any national or international rule, of intellectual or industrial property rights or of any other right of third parties, or of Terms of Use.
- Of the content, activities, or statements that the User disseminates or stores in the SaaS.
- Of service interruptions, delays, errors, malfunctioning of the SaaS, and in general, of any inconvenience that are caused by causes beyond our control or by actions or services of third parties that are outside of our control KOIBOX and/ KOIBOX or are due to intentional or negligent actions by other users or third parties.
- Attack by hackers, crackers or other third parties on the security or integrity of the computer system and/or that are caused by force majeure.
The User declares and guarantees KOIBOX that all content, data or information that they store on the Platform complies strictly with these conditions, absolving them KOIBOX from any potential liability in this regard and will hold harmless and, where appropriate, compensate and indemnify to , KOIBOX its directors, employees, affiliates, agents and any other related persons, against any claims, liabilities, penalties, damages, losses, expenses or any other concepts that are the result of any breach of these Terms and Conditions.
The relationship established between the User and their customers and end users is completely independent of KOIBOX the fact that none of the terms of the agreements reached between the User and their end customers are enforceable KOIBOX. The User shall fully indemnify itself from any liability that arises in the provision of its services to its customers and end users.
KOIBOX The Company does not grant the Customer any warranty, either express or implied, in relation to the Software, services, documentation or material related to the SaaS with respect to the license granted under this agreement. KOIBOX Specifically, it excludes any warranty regarding the suitability of the SaaS for a particular purpose for which the User intends to use it. The Company does KOIBOX not guarantee that the use of the SaaS and the services provided can be completely secure, uninterrupted or error-free. In any case, the KOIBOX maximum liability arising from or related to the creation, licensing, supply, non-supply or use of the SaaS or the SaaS Services or otherwise related to these Terms and Conditions, whether based on warranty, contract or tort, shall never exceed the fees paid KOIBOX for the use of the Platform during the period of (12) twelve months preceding the events that gave rise to the relevant claim. In no case shall it KOIBOX be liable for special, incidental or consequential damages (including, without limitation, damages for loss of profits, business interruption, loss of use of data and any loss caused by the interruption, termination or failure of the operation of the internet, third-party telecommunications services or third-party security features and systems), even if the user has KOIBOX been warned of the possibility of such damages. The user shall not initiate any litigation or action against the KOIBOX company for any reason after the one-year period from the occurrence of the incident. The limitations and exclusions provided in this clause shall not apply to any claim for negligence or gross negligence or in case of contravention of any applicable law.
9. General
9.1. All notices or communications required or permitted under the Terms and Conditions shall be made in writing and, if sent to KOIBOX, shall be sent to the address info@koibox.cloud, and, if sent to the User, to the contact email address indicated at the time of registering on the Platform.
9.2. KOIBOX may unilaterally and immediately terminate its contractual relationship with the User if the User breaches any term or condition of these Terms and Conditions without this constituting a waiver of KOIBOX its right to bring any legal action to redress the damages caused by the User’s breach.
9.3. shall KOIBOX not incur any breach of its obligations insofar as its performance is delayed or impeded by causes beyond its control, including, without limitation, acts beyond its will, acts of the User, acts of third parties not under its control, KOIBOX acts of any governmental authority, war, insurrection, sabotage, armed conflict, embargo, fire, flood, pandemic, strike or any other labor disturbance, interruption or delay in transportation, lack of availability or interruption or delay in telecommunications or third-party services, virus or hacker attacks, errors in third-party software (including, without limitation, e-commerce software, payment systems, chat, statistics or free scripts), as well as the inability to obtain materials premiums, supplies or energy or the equipment necessary for the use of the SaaS or the provision of the SaaS Services.
9.4. The User may not assign, transfer, delegate, or sublicense any of the User’s rights or obligations under these Terms and Conditions, unless prior written authorization is obtained from KOIBOX. Any attempt to assign, transfer, delegate, or sublicense shall be null and void and a violation of these Terms and Conditions.
9.5. KOIBOX The User expressly declares that they act independently of each other in the execution of their own business and activities. Nothing agreed in these Terms and Conditions can constitute an agency, commission, distribution, or partnership relationship.
9.6. The User has no express or implied right or authority to assume or create any obligation or responsibility on behalf of or in KOIBOX the representation of KOIBOX, or to bind in any way whatsoever.
10. Comprehensive agreement
These Terms and Conditions, supplemented by the other contractual documents that form the Contract, constitute the entire agreement between the User and and KOIBOX replace any previous or current agreement between the parties. This agreement may not be amended, modified, or ratified except by a written document signed by both parties.
11. Applicable legislation and jurisdiction
Any dispute or conflict that may arise from the access, use or contracting of the services offered on the Platform shall be governed in accordance with the provisions of Spanish law and submitted to the exclusive jurisdiction of the Courts and Tribunals of Valencia, with express renunciation of any other jurisdiction that may correspond to it.