Terms and conditions of service

These Terms of use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the moment Buky provides You with access to the Service.

Buky's Service will evolve over time based on user feedback. These Terms do not aim to answer every question or address every issue raised by the use of Buky's Service. Buky reserves the right to change these terms at any time, effective upon the publication of the modified terms, and Buky will make every effort to communicate these changes to you by email or notification through the website. The terms of use are likely to change over time. It is your obligation to ensure that you have read, understood and accepted the most recent terms available on the website.

By registering to use the Service, you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have accepted these Terms on behalf of any entity for which you use the Service.

1. Definitions

"Agreement" refers to these Terms of use.

"Buky" refers to the company that provides the service.

"Confidential information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service, but does not include information that is or becomes available to the public through disclosure not authorized by the other party.

"Data" means any information entered by you or with your authorization on the website.

"Intellectual property right" means any patent, trademark, service mark, copyright, moral right, design right, know-how and any other intellectual or industrial property right, anywhere in the world, whether registered or not.

"Service" refers to all online booking processing and management services, not necessarily limited to the visible computer interface, made available through the website. The service may be updated periodically by Buky.

"Website" means the internet site at the domain bukyapp.com or any other site operated by Buky.

"Subscriber" means the person who registers to use the Service and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

"Guest user" means any person or entity, other than the Subscriber, who uses the Service with the Subscriber's authorization from time to time.

"You" means the Subscriber, and where the context permits, a Guest User.

"Access fee" refers to the monthly amount (excluding any taxes and charges) payable by you in accordance with the Subscription Fee.

"Subscription fee" refers to the information related to subscriptions and billing set out on Buky's page on the website, or any other page notified by Buky, which may be updated or modified by Buky in the future. This information specifies how the Access Fee will be calculated and its frequency. You accept the conditions of the Subscription Fee upon activating the subscription.

2. Use of software

Buky grants you the right to access and use the Service through the website with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable and is limited and subject to this Agreement. You acknowledge and accept that, subject to any applicable written agreement between the Subscriber and the Guest Users, or any other applicable law:

2.1. the Subscriber determines who is a Guest User and what level of user-role access to the Service the Guest User has;

2.2. the Subscriber is responsible for the use of the Service by all Guest Users;

2.3. the Subscriber controls the level of access of each Guest User to the Service at all times and may revoke or change a Guest User's access, or the level of access, at any time and for any reason, in which case that person or entity will cease to be a Guest User or have a different level of access, as the case may be;

2.4. If there is a dispute between a Subscriber and a Guest User regarding access to the Service, the Subscriber shall decide what access or level of access to the relevant Data or Services the Guest User will have, if any.

3. Your obligations

3.1. Payment obligations:

An invoice for the Access Fee will be issued each month in accordance with the details set out in the subscription fee. Buky will continue to bill you in accordance with the subscription fee until this Agreement is terminated in accordance with clause 8.

All of Buky's invoices will be sent to You or to a Billing Contact whose details you provide by email. Payment of all amounts specified in an invoice must be paid in accordance with the subscription fee. You are responsible for the payment of all taxes and duties, in addition to the access fee.

3.2. General obligations:

You must only use the Service and the Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Buky or condition published on the Website. You may use the Service and the Website on behalf of others or to provide services to others, but if you do so, you must ensure that you are authorized to do so and that all persons for whom the services are provided comply with and accept all the terms of this Agreement that apply to you.

3.3. Access conditions:

3.3.1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Buky of any unauthorized use of your passwords or any other security breach, and Buky will reset your password and you must take all other actions that Buky reasonably deems necessary to maintain or improve the security of Buky's computer systems and networks and your access to the services.

3.3.2. As a condition of these Terms, when accessing and using the Services, you must:

A) not attempt to undermine the security or integrity of Buky's computer systems or networks or, where the Services are hosted by a third party, the computer systems and networks of that third party;

B) not use or misuse the Services in any way that may impair the functionality of the Services or the Website, or other systems used to provide the Services, or impair the ability of any other user to use the Services or the Website;

C) not attempt to gain unauthorized access to any material other than that for which you have been granted express permission to access, or to the computer system on which the Services are hosted;

D) not transmit or enter onto the website: files that may damage anyone else's computer devices or software, content that may be offensive, or material or data that infringes any law (including data or other material protected by copyright or trade secrets that you do not have the right to use); and

E) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse-engineer any computer program used to deliver the Services or to operate the Website, except where it is strictly necessary to use any of them for normal operation.

3.3.3. By enabling any of the integrations provided with third-party software solutions, such as Stripe, PayPal or Redsys among others, you confirm that you have read and accepted their terms and conditions for the use of their services through Buky.

3.4. Usage limitations:

The use of the Service may be subject to limitations, including, among others, monthly transaction volumes and the number of calls you are allowed to make against Buky's application programming interface. Any such limitation will be notified.

3.5. Communication conditions:

As a condition of these Terms, if you use the communication tools available through the website (such as any forum, chat room or message center), you agree to use such communication tools for lawful and legitimate purposes. You must not use any communication tool to post or distribute material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial email, files that may damage any other person's computer devices or software, content that may be offensive to any other user of the Services or the website, or material that violates any law (including material protected by copyright or trade secrets that you do not have the right to use).

When you make a communication on the website, you represent that you are allowed to make such communication. Buky has no obligation to ensure that communications on the website are legitimate or that they relate only to the use of the Services. As with any other web-based forum, you must exercise caution when using the communication tools available on the website. However, Buky reserves the right to remove any communication at any time at its sole discretion.

3.6. Liability:

You release Buky from: all claims, costs, damages and losses arising from Your breach of any of these Terms or any obligation you may have to Buky, including (but not limited to) the costs related to the recovery of the Access Fees.

 

4. Confidentiality and privacy

4.1. confidentiality:

Unless the relevant party has the prior written consent of the other or, unless required by law:

4.1.1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party, without the prior written consent of the other, will disclose or make available to any person the Confidential Information, or use it for its own benefit, other than as contemplated in these Terms.

4.1.2. The obligations of both parties under this clause will survive the termination of these Terms.

4.1.3. The provisions of clauses 4.1.1 and 4.1.2 will not apply to any information that:

A) Is or becomes public knowledge for reasons unrelated to the breach of these Terms;

B) is received from a third party who legally acquired it and who has no obligation to restrict its disclosure;

C) is in the possession of the receiving party without restriction regarding disclosure prior to the date of receipt from the disclosing party; or

D) is independently developed without access to the confidential information.

4.2. Privacy:

Buky maintains a privacy policy that sets out the obligations of the parties regarding personal information. You must read that policy at bukyapp.com/politica-de-privacidad and you will be deemed to have accepted that policy when you accept these Terms.

5. Intellectual property

5.1. General:

The ownership and all Intellectual property rights in the Services, the Website and any documentation related to the Services remain the property of Buky (or its licensors).

5.2. Ownership of data:

Title and all intellectual property rights in the data remain your property. However, your access to the data depends on the full payment of Buky's access fee when due. You grant Buky a license to use, copy, transmit, store and back up your information and data in order to allow you to access and use the Services and for any other purpose related to the provision of services.

5.3. Data backup:

You must keep copies of all Data entered into the Service. Buky adheres to its best-practice policies and procedures to prevent data loss, including a daily system data backup regime, but does not guarantee that there will be no data loss. Buky expressly excludes liability for any data loss, regardless of the cause.

5.4. Third-party applications and your data.

If you enable the use of third-party applications together with the Services, you acknowledge that Buky may allow the providers of those third-party applications to access Your Data as necessary for the interoperation of such third-party applications with the Services. Buky will not be responsible for any disclosure, modification or deletion of your data as a result of such access by third-party application providers.

6. Warranties

6.1. Authority

You warrant that when you have registered to use the Service on behalf of another person, you have the authority to accept these Terms on behalf of that person and you accept that, by registering to use the Service, you bind the person on whose behalf you act to the fulfillment of each and every obligation to which you are subject under these Terms, without limiting Your own personal obligations under these Terms.

6.2. Acknowledgements

You acknowledge that:

6.2.1. You are authorized to use the Services and the Website and to access the information and Data you enter on the Website, including any information or Data entered on the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and the Data made available to you through Your use of the Website and the Services (whether that information and Data is yours or anyone else's).

6.2.2. Buky has no liability to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. If you use the Services or access the Website on behalf of or for the benefit of someone other than you (whether a corporate body or otherwise), you agree that:

A) You are responsible for ensuring that you have the right to do so;

B) You are responsible for authorizing any person who has access to information or Data, and you agree that Buky has no obligation to provide any person with access to such information or Data without your authorization, and may refer any request for information to you to address; and

C) You release Buky against any claim or loss related to:

A) Buky's refusal to provide any person with access to your information or data in accordance with these Terms, B) Buky's provision of information or data to any person with your authorization.

6.2.3. The provision, access and use of the Services is on an "as is" basis and at your own risk.

4. Buky does not warrant that the use of the Service will be uninterrupted or error-free. Among other things, the operation and availability of the systems used to access the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may occasionally interfere with or prevent access to the Services. Buky is not responsible in any way for such interference with or prevention of your access to or use of the Services.

6.2.5. It is your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

6.2.6. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to verify that the storage of and access to your Data through the Software and the Website comply with the laws applicable to you (including laws that require you to keep records).

6.3. No warranties

Buky offers no warranty regarding the Services. Without limiting the foregoing, Buky does not warrant that the Services will meet Your requirements or that they will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded to the extent permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

6.4. Consumer warranties

You warrant and represent that you are acquiring the right to access and use the Services for business purposes and that, to the maximum extent permitted by law, any statutory consumer warranty or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

7. Limitation of liability

7.1. To the maximum extent permitted by law, Buky excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or consequential damage resulting, directly or indirectly, from the use of or reliance on the Service or Website.

7.2. If you suffer loss or damage as a result of Buky's negligence or breach of these Terms and Conditions, any claim by you against Buky arising from Buky's negligence or failure will be limited, with respect to any incident or series of related incidents, to the access fees paid by you in the previous 6 months.

7.3. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

8. Termination

8.1. Trial policy

When you first register to access the Services, you may be granted a period to evaluate the Services under the defined trial use conditions, with no obligation to continue using the Services. If you choose to continue using the Services thereafter, you will be billed as set out in more detail in the Subscription Fee.

8.2. Prepaid subscriptions

Buky will not provide any refund for any remaining prepaid period for a prepaid access-fee subscription.

 

8.3. Termination without fault

These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period, these Terms will automatically continue for another period of the same duration as that period, provided that You continue to pay the prescribed Access Fee in accordance with the Subscription Fee, unless either party terminates these Terms by giving at least one month's written notice. If you choose to terminate these Terms by giving one month's written notice, you will be responsible for paying all relevant Access Fees up to and including the day of termination of these Terms.

8.4. Breach:

If you:

A) Breach any of these Terms and do not remedy the breach within 14 days of receiving notice of the breach if the breach can be remedied;

B) Breach any of these Terms and the breach cannot be remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are not paid in full in accordance with the requirements set out in the Subscription Fee); or

C) You or your company are declared insolvent, or your company goes into liquidation, or has a receiver or manager appointed over any of its assets, or if it is declared insolvent, or makes any arrangement with its creditors, or becomes subject to a similar insolvency event in any jurisdiction,

Buky may take any or all of the following actions, at its sole discretion:

D) Terminate this Agreement and Your use of the Services and the Website;

E) Suspend, for a defined or indefinite period of time, your use of the Services and the website;

F) Suspend or terminate access to all or any data.

G) Take any of the actions in subclauses (d), (e) and (f) of this clause 8.4. with respect to any or all of the other persons you have authorized to have access to your information or data.

To avoid doubt, if payment of any invoice for the Access Fees due in relation to any of Your Billing Contacts is not made in accordance with the requirements set out in the Subscription Fee, Buky may: suspend or terminate Your use of the Service or Your access rights to all or any Data.

8.5. Accrued rights:

The termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to the date of termination. Upon termination of this Agreement, you:

8.5.1. Remain responsible for the accrued charges and amounts that fall due for payment before or after termination; and

 

8.5.2. Immediately cease to use the Services and the Website.

 

8.6. Expiry or termination:

Clauses 3.1, 3.6, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.

9. Technical assistance

9.1. Technical problems:

In the event of technical problems, you must make all reasonable efforts to investigate and diagnose the problems before contacting Buky. If you still need technical assistance, check the online support provided by Buky on the website or, failing that, send us an email at info@bukyapp.com.

9.2. Service availability

While Buky intends the Services to be available 24 hours a day, seven days a week, it is possible that on occasion the Services or the Website may not be available to allow maintenance or other development activity.

If for any reason Buky has to interrupt the Services for longer periods than Buky would normally expect, Buky will make all reasonable efforts to publish in advance the details of such activity on the website.

10. General

10.1. Entire agreement:

These Terms, together with Buky's Privacy Policy and the terms of any other notice or instructions given to you under these Terms of use, supersede and extinguish all agreements, representations (whether oral or written) and understandings and constitute the entire agreement between You and Buky in relation to the Services and the other matters dealt with in these Terms.

10.2. Waiver

If either party waives any compliance with these Terms, this will not constitute a waiver of any other compliance. No waiver will be effective unless made in writing.

10.3. Delays

Neither party will be liable for any delay or failure in the performance of its obligations under these Terms if the delay or failure is due to any cause beyond its reasonable control. This clause does not apply to any obligation to pay money.

10.4. No assignment

You may not assign or transfer any right to any other person without Buky's prior written consent.

10.5. Applicable law and jurisdiction

This Agreement will be governed by and interpreted in accordance with Spanish Law.

10.6. Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision that, as far as possible, fulfills the original purpose of that part or provision. The rest of this Agreement will be binding on the parties.

10.7. Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been delivered upon transmission. Notices to Buky must be sent to info@bukyapp.com or to any other email address that Buky notifies you of by email. Notices will be sent to you at the email address you provided when setting up your access to the Service.

 

10.8. Third-party rights:

A person who is not a party to these Terms has no right to benefit from or enforce any term of these Terms.