Terms and Conditions of Use and Contract

1. General information

In accordance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), the website www.ficha.work and the Ficha.Work service (the «Platform» or «Service») are owned by DoubleOK SLU, with tax ID (CIF) B26512814 and registered office at Arrabal de la Estrella, 69, 26300 Nájera (La Rioja), Spain. Contact email: ayuda@ficha.work (the «Provider»).

2. Purpose

These Terms govern: (i) access to and use of the time-tracking and workforce-management Platform offered as software-as-a-service (SaaS); and (ii) the purchase of the NFC bases, physical clock-in devices (the «Bases»). Using the Platform and/or placing an order constitutes full and unreserved acceptance of these Terms.

3. Professional (B2B) nature of the contract

The Service is intended for companies, consultancies, professionals and self-employed individuals contracting in the course of their business or professional activity. The Client declares that it does not act as a consumer within the meaning of Spanish Royal Legislative Decree 1/2007 (TRLGDCU).

4. Definitions

For the purposes of these Terms:

• Client: the natural or legal person who creates an account and/or contracts the Service.
• Account: the record associated with an organization and its users.
• Subscription: the recurring contract for access to the Platform.
• Users or Employees: people enrolled by the Client to clock in/out.
• Consultancy: a Client that manages third-party organizations under a parent account.
• Bases: the physical NFC clock-in devices.

5. Registration, account and access

Using the Platform requires creating an Account with true, accurate and up-to-date information. Whoever registers the Account declares they have legal capacity and sufficient authority to bind the organization they represent.

The Client is responsible for safeguarding its credentials and for all activity under its Account, and must promptly report any unauthorized use.

6. Description of the Service

The Platform provides, among other features, work-time registration (clock in/out) and the management of schedules, calendars, holidays, incidents and report generation.

The Platform is a tool intended to help meet the work-time recording obligations of Spanish Royal Decree-law 8/2019. Compliance with labour law is the Client's sole responsibility (correct configuration, review of clock-ins and incidents, retention of records for the legally required period, etc.). The Provider does not guarantee the absence of penalties arising from incorrect use or from breaches attributable to the Client.

The Provider may evolve, modify or discontinue features, while endeavouring not to materially degrade the contracted Service during the term in force.

7. Free trial

The Service may offer a 14-day free trial. A valid payment method is required to start the trial; no charge is made until day 15. If the Client cancels before the trial ends, no charge is incurred.

If the trial ends without cancellation, the Subscription activates automatically and billing begins per clause 8.

8. Prices, subscription and billing

The prices in force are those published on the website: €1/user/month for companies and €0.80/user/month for consultancies (with a 50-user minimum). All prices are stated excluding VAT; VAT at the legal rate in force (21%) and any other applicable taxes will be added.

The Subscription is billed periodically and in advance. The Client authorizes automatic recurring charges via our payment provider Stripe, by card or SEPA direct debit.

An invoice is issued for each period. The Client is responsible for the accuracy of its billing details, including tax ID and fiscal address.

On non-payment or a declined charge, the Provider may retry and, after a reasonable period, suspend or terminate the Service per clause 13.

9. Automatic renewal and cancellation

The Subscription renews automatically for successive equal periods unless cancelled.

The Client may cancel at any time from its account. Cancellation takes effect at the end of the already-billed period: the Client retains access until then, and already-started periods are not refunded, save where mandatory law provides otherwise.

10. NFC Bases (hardware sale)

The Bases are physical products purchased by one-off payment (published price, currently €35/unit, plus VAT and, where applicable, shipping). Buying Bases is independent of the Subscription and is additionally governed by this clause.

An order is formed upon confirmation and payment via Stripe. The Provider may decline orders for justified reasons (pricing error, lack of stock, etc.), refunding any amounts paid.

Delivery time and shipping costs are shown at order time. Delivery is made to the address provided by the Client and risk passes on delivery.

The Bases carry the applicable statutory guarantee. Defects caused by misuse, tampering, incorrect installation or causes external to the product are excluded.

The Client may return the Bases within 14 calendar days of delivery, provided the product is unused, in its original packaging and in perfect condition. Return shipping is at the Client's cost, unless the product is defective or does not match the order.

11. Acceptable use and Client obligations

The Client undertakes to:

• use the Service lawfully, in good faith and per these Terms;
• not engage in fraudulent or abusive use, or use that compromises the security or availability of the Service;
• ensure it has a legal basis to process its employees' data and to inform them of work-time recording;
• be responsible for the accuracy of the information entered into the Platform.

12. Intellectual and industrial property

The Platform, its software, design, trademarks and content belong to the Provider or its licensors. Contracting the Service grants the Client a non-exclusive, non-transferable, limited licence for the duration of the Subscription, without transferring any ownership right.

13. Suspension and termination

The Provider may suspend or terminate the Service on non-payment, material breach of these Terms, or use that endangers the Service or third parties, with prior notice where reasonably possible.

On termination, the Client may export its data for a reasonable period, after which the Provider may delete it per the Privacy Policy and data-protection law.

14. Data protection

The processing of personal data relating to use of the website and management of the contractual relationship is governed by the Privacy Policy.

As regards the Client's employee data processed through the Platform (clock-ins, work time, etc.), the Client acts as data controller and the Provider as data processor, under Article 28 GDPR (Regulation (EU) 2016/679) and Spanish Organic Law 3/2018 (LOPDGDD). The processing terms are set out in the Privacy Policy and in the data-processing terms made available to the Client.

The Provider applies appropriate technical and organizational measures and may engage sub-processors (e.g. cloud infrastructure and payment providers), as disclosed in the Privacy Policy.

15. Service availability

The Provider will use reasonable efforts to keep the Service available and may perform maintenance. Uninterrupted, error-free availability is not guaranteed.

16. Liability

The Provider is liable for direct damage actually caused by wilful misconduct or gross negligence, as provided by law.

To the extent permitted by applicable law, liability for indirect damage, loss of profit, loss of data or business is excluded, and the Provider's total aggregate liability is limited to the amount paid by the Client in the 12 months preceding the event giving rise to the claim.

The Provider is not liable for consequences arising from the Client's incorrect use of the Service, including any administrative penalties.

17. Changes to the Terms and the Service

The Provider may amend these Terms for legal, technical or business reasons. Material changes will be communicated with reasonable notice. Continued use after they take effect constitutes acceptance. If the Client does not accept them, it may cancel per clause 9.

18. Force majeure

The Provider is not liable for failure to perform due to force majeure or causes beyond its reasonable control.

19. Assignment, severability and entire agreement

The Client may not assign its contractual position without the Provider's consent. The Provider may assign the contract in the context of corporate transactions, informing the Client.

If any clause is held void, the rest remain valid. These Terms, together with the Privacy Policy and, where applicable, the Bases order conditions, constitute the entire agreement between the parties.

20. Governing law and jurisdiction

These Terms are governed by Spanish law. For the resolution of any dispute, expressly waiving any other jurisdiction that may correspond to them, the parties submit to the Courts of Logroño (La Rioja, Spain).

21. Complaints

The Client may direct any complaint to ayuda@ficha.work.