The following Terms and Conditions of the Software as a Koibox Service (the "Terms and Conditions") govern the access, use and exploitation that Users may make of the Software as a Koibox service to efficiently manage and manage their business (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 on Avenida Pío XII, 1 Valencia C.P. 46009, Spain, provided with C.I.F. nº B-98661028 and entered in the Commercial Register of Valencia, Volume 9814, Folio 37, Sheet Number V-161095 ("KOIBOX").
"User" or "Users" means 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 Koibox application, available on Android and iOS (the "Application") to make use of SaaS and SaaS Services and accept these Terms and Conditions (hereinafter the Website and the Application shall be jointly referred to as the "Platform"). In the event of non-compliance by the User with any of the obligations established in these Terms and Conditions, KOIBOX reserves the right to prohibit or deny such User from using the Software or accessing any of the SaaS Services offered by KOIBOX through the Platform.
Users are encouraged to read these Terms and Conditions prior to their acceptance. In any case, the User will always have these Terms and Conditions in a visible and freely accessible site on the Platform for any queries he wishes to make. KOIBOX reserves the right to modify, without notice, at any time these Terms and Conditions, notifying in advance those conditions that may substantially affect the existing contractual relationship between KOIBOX and the Users.
The User acknowledges that he is over eighteen (18) years old and declares that he has full legal capacity to accept these Terms and Conditions. Likewise, those natural persons who formalize the registration as a User of a legal person as a representative or proxy, manifest and guarantee that it has all the powers necessary to bind the User as a legal entity under these Terms and Conditions.
Access to the Platform does not imply any guarantee as to its suitability for the particular and specific purposes of the User. KOIBOX may establish limitations or additional conditions for the use of the Software, SaaS Services and/or access to the Platform, which shall be observed by the User at all times.
Through the KOIBOX Platform offers Users access to and use of the SaaS Software and Services under the formula "software as a service", to manage their administration and business activity in a more efficient way. SaaS Services are integrated by different functionalities such as, agenda and customer relationship management modules, marketing, appointment planning, statistics and billing, according to the specific needs of the business run by the User.
The data and information entered into the SaaS by the User are his property. The User will have the possibility to download the data and information from his SaaS account in the structure and format that KOIBOX has available. These data are exported with reference to the internal organization of the KOIBOX database structure.
Changes that KOIBOX may make to the SaaS Services, such functionalities or terms of service provision, will be communicated in advance necessary and in any case prior to the start of the proposed change. Changes will be communicated to the User at the contact email address. The User will have a period of 15 calendar days from the date of the communication to express his consent. After that period without receiving a response from the User, and provided that it is not required by law to obtain an express consent, it will be understood that the User has accepted the proposed change and therefore such change will be applied to the user’s account.
KOIBOX grants the User a non-exclusive, temporary license to use the Software, conditional on payment of the chosen plan, not sub- licensable and non-transferable, limited to the services of the contracted SaaS Services and without geographical limitation and "as is". Subject to the above, the publication service may have geographical or language limitations. The license shall be terminated immediately and without any prior notification in case of non-payment of the price of the chosen plan.
The User acknowledges that all computer elements, source code, web pages, applications, data models, databases, images, designs, contents, logos, trademarks and any other product likely to be protected under applicable Intellectual Property laws to which you have access by subscribing to SaaS and SaaS Services are the exclusive property of KOIBOX or KOIBOX has the legitimation to authorize access and use to the User. The payment of the price of the chosen plan does not constitute the purchase of the solutions used, neither of the titles, nor of the corresponding copyrights.
The User may not resell or commercialize in any way, in whole or in part, the Software and/or the SaaS Services provided by KOIBOX by subcontracting it to third parties, nor transfer to third parties the rights and obligations arising from the provision thereof.
Likewise, the User may not perform reverse engineering, decompile, disassemble or attempt to obtain the source code, or decipher, modify or create works derived from SaaS or any of its parts/computer elements that constitute the applications, in such a case, as a breach of the intellectual property rights of KOIBOX and/or third parties.
KOIBOX cannot guarantee the availability of SaaS 100% due to Internet problems, technical problems or third party issues that are outside the control of KOIBOX or the User himself and his work tools. The availability of the Software will be determined by KOIBOX provider Amazon Web Services which guarantees a data center availability of 99.9% on a monthly average. In any case, the SaaS can be used 24/7 unless there is some type of incident in the servers that does not allow access to it.
KOIBOX does not guarantee the permanence of the software’s current functionalities in the same state in which they are currently located, being able to make at all times the updates or modifications that it considers appropriate.
In relation to the support services of the Platform, KOIBOX responds to queries regarding the operation and operation of the Software through the "User Service Support", which can be accessed by chat through the Web, by telephone at the number +34 960620053 or through the internal ticket system of the Platform. The schedule is from Monday to Friday from 09:00 to 20:00 uninterrupted (Spanish time).
App Design: KOIBOX offers Users who wish to hire it, design services, development and maintenance of an App. This App will allow the integral management of the center to which the User links during the configuration of his account (the "Center"). App development may be for iOS and Android. This service is exclusive for Users who choose the "Contracting Pack PLATINUM". In addition, Users who choose the "Contracting Pack GOLD" and choose the APP option, will have access to the APP through Beauty Booking.
Once developed the APP and approved by the User, as indicated in the Particular Conditions accepted by the User at the time of formalizing the contracting of this service, any development or modification thereof shall 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 safely, thanks to the integration of such payment gateways with KOIBOX.
Through the integration of SaaS with the payment gateway, the Center will be able to allow its end customers to pay securely with their card online. The subscriptions made by the final customers of the Center will never pass through KOIBOX, the payment gateway will send it directly to the Center according to the corresponding agreement of conditions agreed between the payment gateway and the User.
KOIBOX offers Users the possibility to test a demo version of SaaS once. To do so, the User must register on the Platform, at no cost. The Demo or trial version will last for 15 calendar days, from the moment KOIBOX confirms to the User the creation of their User account. After this period, the trial version will be deactivated without any additional action by the User.
In the trial version the User has access to explore and see how to download the stored information, being the same, the only way to export all the data of the User’s SaaS.
If the User wishes to continue using the services offered through the Platform, after the end of the trial period he must proceed to the paid subscription and contract one of the packs offered by KOIBOX. If, on the other hand, the User does not formalize the contracting of the Platform, after 15 calendar days since the User registers in the trial period the account will be blocked and he 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 he has hosted on the Platform, since he will not be able to access his space on the Platform. KOIBOX, in compliance with data protection regulations, will proceed to delete such information, except those information that must be kept in compliance with legal and contractual obligations, which will remain duly blocked.
To access the Platform it will be necessary for the User to create a user account and register the Center, provide the data requested in the form and accept these Terms and Conditions, as well as the other documents that make up the Agreement that binds KOIBOX and the User. The creation of this account can be done through both the Web and the Application. Any change in the ownership of the Centre or the registration data must be immediately communicated to KOIBOX at firstname.lastname@example.org for authentication and validation. The creation of the User account will only take place upon successful completion of the registration process and upon prior confirmation by KOIBOX. Once confirmed by KOIBOX the creation of the User’s account an email is sent to the contact address provided by the User in the registration process.
When registering, the User must indicate a username and a password ("Identifiers") that will allow him to access his private area. These Identifiers are confidential and may be changed only at the express request of the User to the email@example.com address enabled by KOIBOX to process such requests. The User is fully responsible for the use he makes of his account and assigned Identifiers and undertakes to keep them secret and not to disclose them in any way, being solely responsible for the loss thereof. KOIBOX shall not be responsible for the use by any third party of the Identifiers because of their non-diligent use or loss by the Center.
KOIBOX will never request, directly or through third parties, the password of the User, neither by email nor by phone. The User must refrain from providing this information and immediately inform KOIBOX at its address firstname.lastname@example.org so that KOIBOX can carry out the work it deems necessary to avoid any security failure that may arise with this type of third party messages.
Once the User’s account is created, the User can access the Platform and will have access to the information that KOIBOX makes available to him in relation to SaaS and SaaS Services. Specifically, KOIBOX will make available to the User different types of management plans (Lite, Basic, Gold, Platinum), the services that integrate it and other information that is relevant for the User to decide the management plan that best suits their needs. The different payment methods (monthly or annual) offered by KOIBOX are also indicated and must be selected by the User through the Platform. The rates and conditions applicable to the payment methods selected shall be those indicated in paragraph "3. Rates" of these Terms and Conditions.
The User must follow the instructions that KOIBOX provides through the Platform when formalizing the contracting of the management plan. Once the User selects and confirms the management plan that he wishes to contract for the Center and the mode of payment, he will receive a message in his email address of contact with the summary of the contracted for his constancy. Likewise, the User will have at his disposal in his account of User in the Platform the same disaggregated summary so that he can review it when he so wishes.
Franchises that, in their capacity as franchisors, have contracted with KOIBOX the service of integral business management for their franchisees or own centers, can opt for a special profile where they can access statistics of all partner centres and access their facilities as an administrator.
With respect to the use of the Software by the franchised centers, the franchise is obliged to:
In any case, for KOIBOX, it will be the User, who accepts these Terms and Conditions who will ultimately be responsible for compliance with them, including payment of any unpaid amount of the selected fee. In order to avoid any kind of conflict with the franchisees, franchisees are advised to pay the quota for each franchisee.
Fees that apply to management plans are reported on the Platform. In this sense, before contracting any of the management plans the User will be informed of the cost of the selected management plan. All plans shall include, in each case, the corresponding price, including VAT and other applicable taxes. The current rates will be those applied at the time of contracting the management plan. Any variation in these rates will be previously informed to the User, for the purpose of granting his consent to this modification.
In relation to payment methods, those Users who choose the annual payment method may not request the full or partial refund of the amount paid once the fee has been paid.
Those Users whose payment method is by direct debit, in the event that a receipt is returned by the bank, whatever the reason for the return, KOIBOX will be entitled to charge a commission for each return receipt. The commission amount amounts to 2€ and must be paid by the customer in the transfer to regularize the payment.
The duration will be conditioned on the different payment methods (monthly or annual) selected from SaaS and SaaS Services. It shall be automatically renewed unless the User notifies KOIBOX of his intention not to renew his subscription at least fifteen (15) calendar days before the end of the subscription period by sending a message to email@example.com.
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 his account, he shall not pay any amount. Once you reactivate your User account, you may make further use of the Software to access the information and data that you had stored on the Platform, which will remain stored on the Platform for your instructions. The maximum period of suspension is two (2) years from the application for suspension. This period will be interrupted with the reactivation of the account and will be counted again from a new suspension request. The User may suspend his account provided that he informs him within the period indicated in this Clause, as often as necessary.
If the User opts to unsubscribe from the service, this termination will lead to the cancellation of the User’s account and their inability to access the Platform. KOIBOX undertakes to process such cancellation within fifteen (15) calendar days from the date of receipt of the request. In any case, the cancellation by the Center must occur before KOIBOX has invoiced the advance payment of the next agreed period, so that, if it occurs after such billing or within a period lower than indicated, the User must pay the corresponding invoice, even if he does not intend to continue using SaaS.
Within the cancellation procedures to be carried out by KOIBOX and the User, there is the procedure for the deletion of the information and data that the User would have stored on the Platform. In this sense, the User must download all information and data before the cancellation of his account on the Platform. After that period KOIBOX, in compliance with data protection regulations, will proceed to delete such information, without prejudice to the right that KOIBOX has to keep duly blocked any information that it must keep in compliance with legal and contractual obligations.
KOIBOX is the exclusive owner of all intellectual and industrial property rights derived from the Website and SaaS or has the necessary authorizations to use and authorize third parties to use it. Similarly, KOIBOX is the exclusive owner, including but not limited to, of trademarks and distinctive signs, source code and object, preparatory materials, manuals, diagrams, contents, designs, interfaces and copyrighted works related to the Software and the Website.
KOIBOX does not assign to the Center any intellectual or industrial property rights, in particular those related to the operation, distribution or transformation or modification of the Platform, reserving all rights not expressly assigned or authorized. Reproduction, copying, use, distribution, marketing or any activity that may be carried out with its own contents, without the corresponding express authorization of KOIBOX, is prohibited.
The User may not make copies of SaaS and SaaS Services or 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 to by any distinctive sign protected by the industrial or intellectual property rights of another of them, both nationally and internationally, will empower KOIBOX to terminate the Contract, without prejudice to the exercise of all the legal remedies available to it for the purpose of claiming the appropriate damages.
The provision of the SaaS Services subject to this Agreement by KOIBOX to Users entails access by KOIBOX to personal data for which the User is responsible. In this sense, in compliance with data protection regulations, KOIBOX and the User must sign the contract of the processor that KOIBOX makes available to Users at the time of their registration on the Platform. This contract includes the instructions that KOIBOX must follow for the purpose of processing personal data on behalf of the User.
KOIBOX makes every effort to avoid any errors in the contents that may appear on the Platform. However, KOIBOX does not guarantee, nor is it responsible for the consequences that may arise from the errors in the contents that may appear in it nor does it assume any responsibility derived from the veracity, completeness, accuracy, legality and/or reliability of the information published by the User in it. The User may not through its User account host, store, disclose, publish, distribute, make available or share any content or material -texts, brands, logos, links, files, photographs, etc.- (i) which has no right or consent or is not entitled to reproduce, transmit, disseminate, distribute, make available to third parties; (ii) infringes or infringes 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, slanderous, fraudulent, invasive of privacy, obscene, vulgar, pornographic, offensive, contains or represents sexual activity, promotes intolerance, discrimination or violence, or is inappropriate.
KOIBOX has taken, within its capabilities and the current state of technology, all reasonable measures to ensure the proper functioning of the Platform. In any case, at no time does it guarantee suitability for a particular purpose or its satisfactory quality. KOIBOX does not take responsibility or guarantee that access to it is uninterrupted, free from error or causes any damage. By way of example, and without limitation, in no case will KOIBOX be liable for any loss, damage or injury of any kind in connection with the access and use of the Platform arising from:
The User declares and guarantees to KOIBOX that all content, data or information stored on the Platform strictly complies with these conditions, exempting KOIBOX from any potential liability in this regard and will keep it unscathed and where applicable, it shall compensate and indemnify KOIBOX, its directors, employees, affiliates, agents and any other related persons in respect of any claims, liabilities, penalties, damages, losses, expenses or any other items that result from any breach of these Terms and Conditions.
The relationship established between the User and its customers and end users is completely alien to KOIBOX so that none of the terms of the agreements reached between the User and its end customers are effective against KOIBOX. The User shall remain fully free from any liability that arises in the development of its services to its customers and end users.
KOIBOX makes no warranties to the Customer, either expressly or explicitly, in connection with the Software, services, documentation or material relating to SaaS, to the license granted under this Agreement. KOIBOX specifically excludes any warranty regarding the suitability of SaaS for a particular purpose to which the User is assigned. KOIBOX does not guarantee that the use of SaaS and the services provided can be completely safe, uninterrupted or error-free. In any event, KOIBOX’s maximum liability arises or is related to the creation, licensing, supply, failure to supply or use of SaaS or SaaS Services or otherwise in connection with these Terms and Conditions, whether based on warranty, Contract or tort, may never exceed the fees paid to 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 KOIBOX be liable for special, accidental or motivated damages (including, without limitation, damages for loss of profits, business interruption, loss of data usage and any loss caused by internet interruption, termination or failed operation, third party telecommunications services or third party security features and systems), even if KOIBOX has been warned of the possibility of such damage. The User shall not initiate any litigation or action against KOIBOX for any reason after the period of one year since the cause of the incident occurs. The limitations and exclusions provided in this clause shall not apply to any claim for wilful or gross negligence or in case of contradicting any applicable law.
9.1. Any notification or communication required or permitted under the Terms and Conditions shall be made in writing and if made to KOIBOX, shall be made to firstname.lastname@example.org, and, if made to the User, to the contact email address indicated when registering on the Platform.
9.2. KOIBOX may unilaterally and immediately terminate its contractual relationship with the User if the User fails to comply with any term or condition of these Terms and Conditions without this meaning a waiver of KOIBOX’s right to file The User is liable for damages arising from the User’s breach.
9.3. KOIBOX shall not be in breach of its obligations to the extent that its performance is delayed or prevented by causes beyond its control, including, without limitation, acts beyond its control, acts of the User, acts of third parties not under the control of KOIBOX, acts of any governmental body, war, insurrection, sabotage, armed conflicts, embargo, fire, flood, pandemic, strike or any other work disturbance, interruption or delay in transportation, unavailability or interruption or delay in telecommunications or third-party services, virus or hacker attacks, third-party software errors (including, without limitation, e-commerce software, payment systems, chat, statistics or free scripts), as well as the inability to obtain raw materials, supplies or power or equipment necessary for the use of SaaS or the provision of 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, except with the prior written permission of KOIBOX. Any attempt to delegate, assign, transfer or sublicense will be void and a violation of these Terms and Conditions.
9.5. KOIBOX and the User expressly declare that they act independently from each other for the performance of their own business and activities. Nothing in these Terms and Conditions shall constitute an agency, commission, distribution or association relationship.
9.6. The User has no express or implied right or authority to assume or create any obligation or liability on behalf of or on behalf of KOIBOX, or to bind KOIBOX in any way whatsoever.
These Terms and Conditions, supplemented by the other contractual documents that make up the Agreement, constitute the entire agreement between the User and KOIBOX and supersede any prior or current agreement between the parties. This agreement cannot be amended, modified or ratified except by written document signed by both parties.
Any dispute or conflict that may arise from access, the use or contracting of the services offered in the Platform shall be governed in accordance with the provisions of Spanish law and subject to the exclusive jurisdiction of the Courts and Tribunals of Valencia, expressly waives any other jurisdiction that may correspond to him.