Legal

Terms and conditions

Version of December 2025

English translation provided for convenience. In the event of any discrepancy, the Spanish version prevails.

ACCEPTANCE AND CONSENT. BY SIGNING UP TO THE PLATFORM (OR FROM THE MOMENT ACCEPTANCE IS DEEMED TO HAVE OCCURRED UNDER THIS AGREEMENT), THE CUSTOMER/USER ACKNOWLEDGES HAVING READ, UNDERSTOOD AND ACCEPTED, AND AGREES TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER, THE “AGREEMENT”), AS WELL AS ANY OTHER TERM INCLUDED HEREIN EXPRESSLY OR BY REFERENCE.

Use of the NEETY platform is authorised under these Terms and Conditions by NEETY TECHNOLOGIES, S.L., a Spanish company with registered office at Paseo de Miramon 170 3º, 20014 Donostia-San Sebastián, Gipuzkoa, Spain, registered in the Companies Register of Gipuzkoa, volume 3145, folio 130, sheet SS 46522, entry 1, with tax ID B-70967997 (hereinafter, “NEETY”) and email address: management@neety.io.

1. Definitions

1.1. “Agreement” refers to these Terms and Conditions of Service and SaaS licence, as well as all texts referred to or linked in these Terms and Conditions.
1.2. “NEETY” refers to NEETY TECHNOLOGIES, S.L.; the company that owns and/or is the beneficiary and licensor of the website www.neety.com and of the Platform providing process automation SaaS (Software-as-a-Service) software services (“Software”). These Terms and Conditions are supplemented by the legal texts of the Website, applicable laws and regulations, sector regulations and general criteria and practices.
1.3. “User(s)” refers to any natural person who accesses, browses and/or carries out any type of transaction or booking through NEETY's Platform.
1.4. “CUSTOMER(S)” refers to the User(s), whether natural or legal persons, who contract NEETY's Services and obtain NEETY's SaaS licence in the course of their business and/or professional activity.
1.5. “Offer” refers to any offer, particular or specific conditions, quotation or other similar documents, forms or texts, whether in analogue or digital format, taking place physically or electronically between NEETY and the CUSTOMER, whether through NEETY's website or Platform or by other means, in which specific terms of contracting with NEETY are specified or agreed, such as (by way of example) the services contracted, the price, payment method, deadlines, and other specific conditions that may be agreed between NEETY and the CUSTOMER. The specific conditions agreed between NEETY and the CUSTOMER shall prevail over this Agreement, unless otherwise stipulated therein.
1.6. “Content” refers to any comment, text, photo, audio, video, information and other elements that the CUSTOMER enters, generates or publishes through the Platform.
1.7. “Personal Data” means any information relating to an identified or identifiable natural person.
1.8. “Confidential Information” refers to: (i) the terms of this Agreement; (ii) all Personal Data processed under this Agreement; (iii) all information provided by Users through the Platform; and (iv) any other information that should reasonably be considered confidential, taking into account the nature of the information and the circumstances of disclosure.
1.9. “Service(s)” refers to any provision of services or products by NEETY, including the licensing of the process automation Software, under the Agreement.
1.10. “Platform” refers to the website (www.neety.com), web application and/or any other channels, including links or any type of computer program developed, operated, maintained and made available by NEETY.

2. Purpose and scope

2.1. The purpose of this Agreement is to establish the general Terms and Conditions governing the use of NEETY's SaaS Software and the provision of services by NEETY through its Platform. This Website and Platform have been developed by NEETY in order to offer Users an artificial-intelligence-driven platform designed to optimise the sales processes of B2B companies. Its solution automates key tasks of the sales cycle, such as prospecting, lead follow-up and message personalisation, helping sales teams focus on activities of greater strategic value.
2.2. Under the Agreement, NEETY grants the CUSTOMER a non-exclusive, non-transferable, revocable licence, limited in time to the terms and conditions of this Agreement, to access and use its Platform and Services.
2.3. The Software licence includes all updates, improvements and modifications that NEETY makes available to the CUSTOMER during the term of the Agreement. Unless expressly provided otherwise, and without prejudice to any occasional restrictions that may be imposed for maintenance reasons or due to an incident (detailed further in the applicable SLA), the User shall be permitted to access the Software 24 hours a day, seven days a week, for use by the staff authorised by the User.
2.3.1. Unless otherwise established in an Offer or other express agreement, the Agreement contains all the terms agreed between the Parties and prevails over any previous contract relating to its subject matter.
2.3.2. Under this Agreement, NEETY holds solely the position of provider of process automation technology services, acting as an intermediary in relation to the use of the Services and the Content that the CUSTOMER shares or publishes on or through the Platform.
2.4. The relationship between the CUSTOMER and NEETY is exclusively commercial in nature, with no relationship of dependency between them.
2.5. Consequently, the CUSTOMER is responsible for understanding and complying with all laws, rules, codes of conduct, regulations and contracts with third parties applicable to the CUSTOMER's Services.

3. SaaS licence

3.1. NEETY grants the CUSTOMER a non-exclusive, non-transferable, revocable licence, limited in time and territory, to use and access the Services.
3.2. Limits:
3.2.1. The Software may only be used in accordance with the purposes for which it has been designed and made available to the CUSTOMER.
3.2.2. The licence shall have a fixed term, which shall be governed by the Offer.
3.2.3. The Software is granted for a limited number of Users, that limit being determined by the Offer.
3.3. Regarding the Purpose:
3.3.1. Use of the Software shall be limited to use through the Platform made available by NEETY to the CUSTOMER.
3.3.2. The CUSTOMER may not use and/or access the Software in any manner other than that specified in this Agreement without NEETY's prior written consent; and the CUSTOMER acknowledges that NEETY may require additional payments for uses not authorised by NEETY, without prejudice to any other rights or actions available to NEETY.
3.3.3. Notwithstanding the above, use of the Software in accordance with the Purpose is limited to the CUSTOMER's needs and must therefore only be used in the CUSTOMER's own internal environments; it is not possible (by way of example) to run it in third-party environments outside the relationship between the Parties, or for the CUSTOMER to sublicense or assign it to third parties for evaluation or reproduction or for purposes that may be considered profit-making.
3.4. The CUSTOMER may not use the Software, its code, or any intellectual or industrial property right that forms part of the Software to create any software or computer program or to reproduce the business model in any form whose expression is substantially similar to the Software, nor use such information in any way restricted by any copyright or other intangible rights subsisting in it.
3.5. Consequently, and except as expressly provided in this licence, neither the CUSTOMER nor the Users may carry out any of the activities described in this Agreement in respect of the Software, or any activities understood to be contrary to NEETY's interests.
3.6. Breach of this general condition, in whole or in part, may in any event result in the revocation of the Licence by NEETY, regardless of any other actions available to NEETY.

4. Software improvements

4.1. To ensure proper maintenance and offer the best software service, NEETY continuously updates and improves its Software in order to keep it working correctly, with the aim of preventing and mitigating possible incidents.

5. Access to and use of the platform

5.1. The CUSTOMER may sign up directly on the Platform to access the Services by creating their own user account. To do so, they must provide the information requested by NEETY. Once the registration process is complete and the corresponding payment has been verified, a confirmation email will be sent to the User.
5.2. To access and use the Platform, the CUSTOMER must be a natural person over 18 years of age or a legal person; the creation of bot accounts or automated methods is prohibited.
5.3. The CUSTOMER warrants that all information provided is accurate and undertakes to keep it up to date at all times. Likewise, when using the Platform, the CUSTOMER undertakes to include accurate and complete information in their Publications, and that it is not contrary to law, morality or public order and cannot harm the interests, health, safety or rights of third parties.

6. Content published by the customer through the platform

6.1. The CUSTOMER shall refrain from providing Content that is discriminatory, obscene, harassing, misleading, violent, illegal, or that harms the health, safety or rights of NEETY or third parties.
6.2. The CUSTOMER declares that they have obtained the express consent of the natural or legal persons to whom they address their communications.
6.3. The CUSTOMER must ultimately approve the Content generated through NEETY before its publication or communication, and is solely responsible for such Content towards third parties.
6.4. NEETY may audit or remove any Content published by the CUSTOMER, or prevent its publication, where, in NEETY's opinion, it could harm the interests and rights of NEETY and/or third parties.
6.5. Without prejudice to the Content control tasks carried out by NEETY, the CUSTOMER shall be solely responsible for all Content they contribute or communicate, and warrants that they own or are authorised to provide such Content to NEETY and that they have obtained the consents required to send such communications. If any Content infringes or violates the intellectual property or privacy rights of third parties or other regulations, liability shall rest with the CUSTOMER.

7. Nature of the services

7.1.1. The CUSTOMER undertakes to use the Services solely for the purposes for which they were reasonably designed and in accordance with NEETY's instructions; otherwise NEETY may terminate the Agreement.
7.1.2. NEETY has only an obligation of means and not of results, and may rely on data provided by the CUSTOMER or third parties whose accuracy and/or completeness it is not possible or feasible to guarantee.
7.1.3. The CUSTOMER declares and acknowledges that they are fully aware of the characteristics of the Services contracted and consider them to meet their requirements; and that NEETY's Services are not intended to be used as the sole basis for the CUSTOMER's business decisions.
7.1.4. The Services may be interrupted, and NEETY reserves the right to suspend the Services and/or access to them at any time for operational, regulatory, legal or other reasons, such as (by way of example) maintenance; updates, security; improvement and installation of new features; verification/audit; breakdown or possible breakdown; as well as other causes beyond NEETY's reasonable control. Whenever NEETY has prior knowledge and circumstances allow, in order to minimise any resulting incidents, NEETY will give the CUSTOMER reasonable notice of any potential suspension of the Services.
7.1.5. The CUSTOMER acknowledges and accepts the characteristics and limitations of the Internet and, therefore, that (i) the confidentiality of data transmitted over the Internet cannot be fully guaranteed; (ii) such data could be intercepted by malicious users; (iii) the response times of the Services could be affected by network malfunction.
7.1.6. The CUSTOMER shall release NEETY from any liability related to the use of the Service for purposes other than those for which it was reasonably designed by NEETY.
7.1.7. In providing the Services, NEETY may integrate or subcontract the services of third-party providers (hereinafter, “External Providers”). NEETY undertakes to take the necessary steps to cooperate in integrating the External Providers' services, but does not guarantee the availability, continuity or operation of such external services, nor does it assume any liability in relation to the services provided by them.
7.1.8. The CUSTOMER authorises NEETY to contract or subcontract third-party service providers in order to ensure the Services, and authorises the sharing of the personal data or information made available to NEETY for that purpose.

8. Warranties

8.1. The warranties expressly provided for in this Agreement are the only ones each party offers the other regarding its subject matter. NEETY will provide access to the Services and allow the CUSTOMER to use them under the agreed terms, and warrants that it will provide the Services in a timely and professional manner and in accordance with the highest standards observed in the industry for similar services, whenever reasonably possible.
8.2. NEETY provides the Services in good faith but does not guarantee that they will meet the CUSTOMER's needs or expectations.
8.3. The CUSTOMER must inform NEETY within a maximum of 1 month of any malfunction, inadequacy or inaccuracy of the Services and will cooperate with NEETY in everything necessary to ensure the correct provision of the Services, determine the causes of the reported malfunction and proceed with corrections. Failure to meet the stipulated deadline may constitute acceptance of the malfunction, inadequacy or inaccuracy by the CUSTOMER, precluding any related claim.
8.4. NEETY will remedy and correct the inaccuracies reported by the CUSTOMER, provided that:

(i) they are claimed within the period specified in this Agreement;
(ii) they are not caused by matters not attributable to NEETY; by use of the Services for purposes other than those for which they were designed, contrary to instructions and/or in a way that may alter the Services and/or their reliability;
(iii) they are not due to incompatibility of the program with the User's particular devices, technical configurations or browsing environments;
(iv) they have not arisen from unauthorised access to the User's account resulting from security failures attributable to the User themselves;
(v) they are not due to unforeseeable circumstances or force majeure; or
(vi) they are not due to NEETY's compliance with legal obligations.

8.5. NEETY cannot guarantee that the operation of the Platform, or of services provided by third parties, will be timely, secure, uninterrupted or error-free, nor does it guarantee that it can prevent the existence of computer viruses and/or other malicious programs beyond NEETY's reasonable control.
8.6. NEETY reserves the right to suspend use of and/or access to the Platform at any time for operational, legal or other justified reasons.
8.7. Both parties warrant that they will comply with the obligations arising from this Agreement and applicable regulations.

9. Obligations. Use of the services and the software

9.1.1. NEETY will provide access to the Services and allow the CUSTOMER to use them under the agreed terms, and warrants that it will provide the Services in a timely and professional manner and in accordance with the highest standards observed in the industry for similar services, whenever reasonably possible.
9.1.2. The CUSTOMER undertakes to supply NEETY with the information necessary for the provision of the Services in a complete, accurate manner and in the appropriate format, and must inform NEETY of any matter that may affect the Services as soon as they become aware of it and within a maximum of 1 month.
9.1.3. This Agreement, which includes the terms of use of the Services and the SaaS licence, prohibits the CUSTOMER from carrying out the activities described (for information purposes only) below, and the CUSTOMER undertakes to:
9.1.3.1. Comply with the remaining provisions of this Agreement.
9.1.3.2. Use the Services for internal use, and solely for the contractually authorised purpose.
9.1.3.3. Not sell, assign, sublicense, distribute, copy, commercially exploit or otherwise make available, or use for their own benefit or that of third parties, any of the Services; nor carry out, themselves or through third parties, adaptations, alterations, modifications, reverse engineering, decompilation, or create derivative works of the Services or any part of them; or otherwise exploit the Services and their component elements for any purpose other than that permitted by NEETY.
9.1.3.4. Not develop, distribute or host any server or software designed to interact with the Services designed by NEETY, or redirect or emulate the communication protocols used by NEETY, without its express consent.
9.1.3.5. Additionally, the CUSTOMER undertakes to:
9.1.3.6. Use the Services diligently, correctly and lawfully, always in accordance with the Agreement, current legislation, morality, good practice and public order.
9.1.3.7. Not circumvent, disable or otherwise interfere with security-related features or features that (i) prevent or restrict the use or copying of any element appearing therein; or (ii) apply any limitation on the use of the Services.
9.1.3.8. Not frame, place pop-up windows over its pages, or otherwise affect the display of its pages.
9.1.3.9. Not knowingly transmit or send data or content containing viruses, Trojans, worms or any other kind of malicious code designed to adversely affect the operation of the Services.
9.1.3.10. Not damage, disable, overload or impair the operation of the Services (or the connected network or networks), or interfere with their use and enjoyment.
9.1.3.11. Not use any type of robot, spider, scraper or other automated means (excluding RSS feeds) to access the Services for any purpose without written permission.
9.1.3.12. Not use reverse engineering techniques and/or decrypt, decompile or use any other system intended to discover NEETY's source code.
9.1.3.13. Not access or attempt to access the account of any other User, make false statements, impersonate another person or misrepresent their identity.
9.1.3.14. Not disclose the CUSTOMER's user ID and password to unauthorised third parties, and immediately notify NEETY of any access to the Services by unauthorised Users.

10. Economic conditions

10.1. In consideration for the Services, the CUSTOMER shall pay the price according to the frequency, form and method established in the contracting process, Offer or specific conditions agreed.
10.2. Unless otherwise agreed, payments shall be made at the time of contracting through the payment methods made available to the CUSTOMER.
10.3. In the case of monthly subscription payment, NEETY may charge the subscription fee for the next billing cycle in the event of automatic renewal of the term.
10.4. Unless otherwise specified, none of the prices include VAT or other taxes or levies that may apply. Each Party shall apply the withholdings and taxes applicable to it under the legislation in force at any given time.
10.5. The CUSTOMER shall make payment following the steps indicated for each payment method.
10.6. NEETY does not provide electronic payment services and has no corporate relationship with the payment service providers it makes available to the CUSTOMER; it acts solely as an intermediary. Therefore, by accessing and carrying out any payment transaction on NEETY using the integrated payment services, the CUSTOMER confirms that they have carefully read, understood and accepted the terms and conditions of use, privacy policy and other legal texts of the payment service providers, in this case STRIPE.
10.7. As a security measure, the various payment service providers may require the CUSTOMER to confirm the purchase by various means, including by email or message to the telephone number designated by the CUSTOMER, and may delay or cancel the purchase if it is not confirmed or is carried out without following the instructions.
10.8. For security reasons, if NEETY suspects that a transaction could be fraudulent or compromise the security of the CUSTOMER, NEETY or third parties, it may decline the payment or make it conditional on the submission of additional documents and information.
10.9. Without prejudice to any other right and/or power available to NEETY under the regulations and/or the Agreement, in the event of a delay of more than thirty (30) business days in the period granted for payment of the price, NEETY may require the CUSTOMER to pay the late-payment interest provided for in Law 3/2004, of 29 December.
10.10. In the event of non-payment of three (3) monthly instalments by the CUSTOMER, NEETY may automatically terminate the Agreement, and may suspend the Services from the non-payment of one (1) monthly instalment, without being held liable for any damage suffered by the CUSTOMER as a result of the suspension and/or interruption of the Services as provided in the preceding sections.

11. Trial period. Free subscription

11.1. NEETY may grant the CUSTOMER a free trial period, which shall be governed by the Offer and, failing that, by this Agreement.
11.2. Unless otherwise agreed, the trial period shall be fifteen (15) days.
11.3. Upon expiry of the Trial Period, the Services shall automatically renew under the payment method applicable to the Services contracted, including any applicable taxes.
11.4. NEETY reserves the right to determine whether the CUSTOMER meets the requirements for the Trial Period to apply.
11.5. The CUSTOMER may end the Trial Period at any time during the Trial Period and give notice of their intention not to continue with the paid Services when that period ends.
11.6. NEETY may end the Trial Period at any time without notice.
11.7. From the end of the Trial Period without renewal, the CUSTOMER shall have one month to request portability of their data. Otherwise, NEETY shall not be liable for the loss of any information.

12. Intellectual and industrial property rights

12.1. Intellectual property rights

12.1.1. NEETY grants the CUSTOMER a non-exclusive, non-transferable, revocable licence, limited in time and territory, to use and access the Services.
12.1.2. Likewise, with respect to the Content provided by the CUSTOMER to NEETY, in any form and by any means through the use of the Platform, NEETY is granted a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence, for the period of protection of the rights so granted, to access, use, store, copy, modify, create derivative works from, distribute, publish, transmit, broadcast, disseminate and otherwise exploit such Content for the purpose of providing the services on any medium or platform, known or unknown to date, and in particular on the Internet and social media.
12.1.3. The CUSTOMER declares that they have the capacity and all the rights — whether as owner or licensee — to grant this licence in relation to the trademarks and/or Content that the CUSTOMER provides to NEETY.
12.1.4. The CUSTOMER acknowledges that all intellectual and industrial property rights over the Services and/or arising from them are owned by NEETY, including both moral and exploitation rights.
12.1.5. Likewise, NEETY shall own all rights arising from the Services, including the Content, the creation and implementation of techniques, processes, algorithms, source code and other work; as well as any modifications, improvements, derivative works, configurations, translations, updates, interfaces and other items that may be developed in relation to the Services.

12.2. Industrial property rights

Pursuant to Royal Legislative Decree 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the matter (hereinafter, “Intellectual Property Law”), as well as Law 17/2001, of 7 December, on Trademarks and supplementary legislation on intellectual and industrial property:

12.2.1. NEETY's industrial property rights. Without prejudice to the previous section, NEETY grants the CUSTOMER a limited, non-exclusive, non-transferable, revocable licence to use NEETY's trademarks, provided that the CUSTOMER complies with the following guidelines for the use of NEETY's trademarks:
a) Appropriate and permitted uses of the “NEETY” trademark(s): the CUSTOMER may only use the NEETY trademarks in the part of their website that refers to the Services. All NEETY trademarks must link directly to our Platform or website www.neety.com. The CUSTOMER may also use the trademarks for commercial, promotional or advertising purposes provided that they serve to support NEETY's business development in a lawful and fair manner, without the use of its name, company name or trademarks constituting improper exploitation.
b) Improper and non-permitted uses of the “NEETY” trademark(s): the CUSTOMER may not copy, modify, transmit or otherwise use the NEETY trademarks, except as described in this Agreement or in any other manner agreed in writing by NEETY. The CUSTOMER may not use the NEETY trademarks to portray NEETY or its Services in a way that harms the trademarks or NEETY's interests. The CUSTOMER may not use the trademarks to suggest that NEETY endorses their products or services, or in a way that confuses their customers or is misleading.
c) Any other use of the NEETY trademarks or of trademarks licensed to NEETY that is not governed by this Agreement must be authorised in advance in writing by NEETY.
d) The CUSTOMER may not apply for and/or register trademarks, trade names, domain names, company names or any other title or right identical or similar to the name “NEETY”, and shall cooperate in the defence of the trademark and any other protected name by NEETY.
12.2.2. The CUSTOMER's intellectual and industrial property rights: subject to the terms of this Agreement, the CUSTOMER grants NEETY a limited, non-exclusive, non-transferable, sublicensable, irrevocable, worldwide licence, without time limitation, to use the CUSTOMER's trademarks on the Platform, in information materials and in advertising and promotional activities, both tangible and intangible, and for any other use deemed necessary for the sole purpose of promoting the Platform, provided that it does not in any way harm the standing or reputation of its trademarks and, therefore, the CUSTOMER's image.
12.3. Breach of the provisions of this general condition, in whole or in part, shall be considered a serious breach and grounds for full termination, and shall entitle NEETY to claim compensation for the damages caused.

13. Liability

13.1. NEETY shall only be liable for any direct damage caused to the CUSTOMER in relation to the Services that is directly attributable to it, provided that such damage was caused by wilful misconduct or gross negligence and is claimed by the CUSTOMER within the periods indicated in the Agreement.
13.2. NEETY shall under no circumstances be liable, contractually or non-contractually, for:
a) Breakdowns, anomalies and/or failures of the Services resulting from incorrect use by the CUSTOMER or from force majeure.
b) Any inaccuracy, insufficiency, incompleteness or other error in the Services, Products and/or Information arising from the data provided to NEETY by the CUSTOMER or any third party.
c) Suspension and/or interruption of the Services.
d) Failure to meet the CUSTOMER's purposes or expectations; failure by the CUSTOMER to obtain a specific result.
e) Other causes attributable to the CUSTOMER, including misuse of the Services by the CUSTOMER or compliance with legal obligations.
f) Indirect, incidental or consequential damages, including any direct or indirect loss of profit, any loss of business or opportunity, and other similar losses.
13.3. Likewise, NEETY shall not be liable for services or products provided by third parties, and the CUSTOMER must address any claim to them.
13.4. NEETY does not guarantee or assume any commitment or liability in respect of products of (or services provided by) third parties, or in which it acts as an intermediary, including (by way of example and not limitation) matters relating to payment, the sending of communications, or the provision of artificial intelligence services made available to the CUSTOMER on NEETY. CUSTOMERS must contact the providers of such services or products directly.
13.5. The CUSTOMER undertakes to make reasonable and ethical use of the Services (including Services containing artificial intelligence or similar technology) and warrants that they will supervise the content generated through the use of NEETY prior to its publication or communication to third parties. Likewise, the CUSTOMER warrants that they will not carry out acts that may be harmful to third parties and is liable to NEETY for their use of the Platform.
13.6. The CUSTOMER shall indemnify, defend and hold NEETY harmless from any liability against any third-party claim, demand, action or proceeding brought against NEETY by a third party for reasons related to:
a) the CUSTOMER's use of the Services;
b) the CUSTOMER's breach or violation of this Agreement;
c) the CUSTOMER's failure to comply with the legislation applicable to their activity; the CUSTOMER must ensure that the Services contracted are appropriate and permitted for the use and activity in which the CUSTOMER employs the Services, in accordance with applicable regulations;
d) unauthorised use of the Services through the user account associated with the CUSTOMER;
e) the unauthorised use, collection, storage, processing or disclosure of Intellectual and industrial property or Personal Data by the CUSTOMER;
f) the provision of services to minors under 14 years of age without having obtained the due authorisation of the minor's legal representative(s).
13.7. Neither Party shall exclude or limit its liability to the other Party for fraud, wilful misconduct or gross negligence.
13.8. Excluding cases of wilful misconduct or gross negligence, NEETY's liability for damage suffered by the CUSTOMER in relation to the Services shall be limited to the amounts charged under the Agreement.
13.9. Neither Party shall be liable to the other for breach or delay in the performance of any of its obligations under this Agreement where this is caused by an event of Force Majeure (as established in Article 1105 of the Spanish Civil Code and related provisions).

14. Term and termination of the agreement

14.1. This Agreement and the licence shall enter into force automatically upon Acceptance and shall remain in force until the end of the period contracted in the Offer or upon any of the other grounds for termination or early termination established in this Agreement.
14.2. Unless otherwise agreed, the Agreement shall remain in force for periods of one (1) year, automatically renewable for successive one-year periods, unless the CUSTOMER gives notice of their intention not to renew at least one (1) month before each renewal.
14.3. NEETY may terminate the Agreement and oppose automatic renewal at any time with thirty (30) days' prior notice.
14.4. Notwithstanding the above, the Agreement shall in all cases remain in force until the SaaS licence is revoked for any reason.
14.5. The CUSTOMER may request a refund only within thirty (30) calendar days following the date of contracting and payment, by written request to management@neety.io. After that period, no requests will be accepted and no refund will be made. No refund will be made if the service has been activated or used (e.g. access to the platform, consumption of credits or use of features), except in the event of a breach attributable to the Provider.
14.6. In the event of definitive termination of the Agreement and, consequently, revocation of the licence to use the Platform, the CUSTOMER may not and must refrain from using the Platform or any of its tools in any way or by any means.
14.7. The above grounds for termination shall not give rise to any right of claim by the CUSTOMER against NEETY.

15. Confidentiality

15.1. Each Party shall keep the information to which it has access in connection with this Agreement and the Services strictly confidential and shall not disclose any part of it, except as expressly provided in this Agreement, by legal obligation or at the request of a Public Authority.
15.2. Likewise, each Party shall take appropriate measures to prevent unauthorised access to the Confidential Information.
15.3. The Parties may disclose the Confidential Information and permit its use, in accordance with and in compliance with this Agreement, to:
a) employees and officers of the recipient who necessarily require such information to fulfil the recipient's obligations under the contractual relationship;
b) the recipient's auditors and professional advisers, solely and exclusively to provide their professional advice;
c) where NEETY is the recipient, NEETY's agents and subcontractors who require such information to fulfil NEETY's obligations under this Agreement;
d) where required by any other legal provision.
15.4. The Parties undertake to implement reasonable technical and organisational measures to protect the Confidential Information, including at least a confidentiality agreement protecting the information with at least the same safeguards as this Agreement when disclosing the Confidential Information in the permitted cases.
15.5. The confidentiality restrictions set out in this General Condition shall not apply to any information to the extent that:
a) such information is in the public domain without breach of this General Condition; or
b) it is in the recipient's possession (with full right of disclosure) before receiving it from the other party; or
c) it is lawfully received from a third party (with full right of disclosure); or
d) it has been independently developed by the recipient without access to or use of the Confidential Information; or
e) it is required by law or by the courts or any competent authority, or in accordance with the rules of any recognised stock exchange.
15.6. The confidentiality obligations shall remain in force for the duration of the contractual relationship between the Parties and for 10 years thereafter.

16. Protection of personal data

16.1. Both Parties warrant that the processing of personal data in connection with the Agreement will be carried out in compliance with the Data Protection obligations applicable to them under the General Data Protection Regulation 2016/679 (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, with appropriate safeguards to ensure its security and confidentiality.
16.2. The contact details of representatives and employees processed under the Agreement shall be processed by the other party for the purpose of enabling the development, performance and monitoring of the agreed service relationship, the legal basis for processing being the performance of the contractual relationship, the User's consent and NEETY's legitimate interest, and the data shall be kept for as long as that relationship exists and until any liabilities arising from it are time-barred.
16.3. Each Party may contact the other in order to exercise its rights of access, rectification, erasure, objection, data portability and restriction of processing at the email addresses of each Party. For more information, the user may consult the Privacy Policy. Likewise, should the Parties fail to comply with their legal obligations regarding data protection, they have the right to lodge a complaint with the Spanish Data Protection Agency.
16.4. With regard to the data that the CUSTOMER makes available to NEETY in connection with the Agreement, the CUSTOMER warrants and holds NEETY harmless that:
(i) it is the Data Controller of such data;
(ii) it is entitled to process it and to subcontract and share it with NEETY to ensure the Services;
(iii) it has taken appropriate measures;
(iv) it complies, in general, with all applicable provisions of data protection regulations.
16.5. The processing of personal data carried out by NEETY as Data Processor is necessary for the correct provision of the Services covered by this Agreement and shall be governed by NEETY's Data Processing Agreement (Art. 28 GDPR) and NEETY's Privacy Policy, which is incorporated into the Agreement.
16.6. NEETY shall guarantee the portability of the personal data to which it has had access during the CUSTOMER's use of the Services, using standardised and/or open-source formats. The CUSTOMER shall have one month from the termination of the Services to request a backup copy from NEETY.
16.7. Full details of NEETY's processing of personal data can be found in the Privacy Policy and Cookie Policy.
16.8. The Parties undertake to adopt reasonable technical and organisational measures to prevent the loss, misuse, alteration or unlawful disclosure of the information processed. In the event of a security breach or suspected breach, the Parties shall notify each other immediately in order to take appropriate measures.

17. Miscellaneous

17.1. Acceptance. The CUSTOMER's Acceptance of and consent to the Agreement shall be deemed given from its express acceptance by signing a contract (Offer, particular conditions or other documents expressly indicating it); by express communication from the CUSTOMER; by “clicking” at the time of registration or sign-up by the CUSTOMER on the Platform made available by NEETY; or from the performance of other acts that allow tacit acceptance by the CUSTOMER to be inferred, such as, purely by way of illustration, payment of any of the amounts for the Services or the mere use of them.
17.2. Non-competition. The CUSTOMER undertakes not to hire, directly or indirectly, or establish any kind of collaboration with NEETY's employees or workers during the term of this Agreement and for 24 months after its termination, except with NEETY's express written waiver; and undertakes not to carry out, directly or indirectly, acts of unfair competition to NEETY's detriment.
17.3. Partnership. Nothing in the Agreement shall be construed as creating or allowing the creation of a silent partnership, association or joint venture between NEETY and the CUSTOMER, or as authorisation to act as agent or distributor of the other, or to act on behalf of, for the account of, or in any other way that binds the other party in any form.
17.4. Validity of NEETY's quotations or offers. Quotations or offers submitted by NEETY shall be valid and binding for one (1) month from their submission to the CUSTOMER and are subject to acceptance.
17.5. Notices. The Parties agree that communications required for the normal performance of this Agreement shall be made to the email addresses designated for that purpose by the Parties, with the exception of communications relating to breach by the other Party, which must be made by reliable means to the Parties' registered addresses.
17.6. Backup copies. The CUSTOMER shall have one month from the termination of the services to request from NEETY a backup copy of the data NEETY holds in relation to the Services, in a format that allows data import. If no request is received within that period, and unless NEETY is legally required to retain the data for longer periods, NEETY shall proceed to delete the data.
17.7. Assignment. Neither Party may assign, transfer, sell or otherwise convey this Agreement or any of the rights arising from it without the prior written consent of the other party. Notwithstanding the above, NEETY may transfer and assign its rights under this Agreement without the consent of the other party in connection with a change of control, acquisition or sale of all or substantially all of its assets.
17.8. Waiver. NEETY's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
17.9. Subcontracting. NEETY may subcontract any of its obligations under this Agreement to a subcontractor without the need for the CUSTOMER's consent or prior notice.
17.10. Severability. If any part of this Agreement is declared null, invalid or non-binding by a court or any other competent authority, such nullity or lack of binding effect shall not affect the validity and enforceability of the remaining provisions of this Agreement, which shall remain in force with full effect.
17.11. Amendments.
17.11.1. NEETY may modify the conditions, arrangements and terms of provision of the Service in order to implement updates, adjustments and/or technical improvements in the provision of the Service, as well as to improve and/or increase its efficiency.
17.11.2. Notwithstanding the above, NEETY may unilaterally modify the terms of the Agreement with thirty (30) days' prior notice. In the event of disagreement, the CUSTOMER may terminate the Agreement with 30 days' notice.

18. Governing law and jurisdiction

18.1. Any dispute arising from or relating to this Agreement, including any question regarding its existence, validity, termination, interpretation or performance, shall be submitted to the jurisdiction of the Courts and Tribunals of Donostia-San Sebastián for resolution in accordance with Spanish law.
18.2. Notwithstanding the above, the Parties undertake to use their best efforts to resolve such disputes amicably and in good faith before resorting to the competent courts.