Terms and Conditions - Beclavel
Legal Document

Terms and Conditions

Last updated: January 6, 2025
Beclavel Platform

Please read these Terms and Conditions carefully before using the Beclavel Platform. By accessing or using our platform, you agree to be bound by these terms.

01

Our Data

Welcome to the Beclavel Platform. The use of the Beclavel platform and the software available on it is authorised in accordance with these Terms and Conditions by Beclavel TECH SOLUTIONS, S.L.

Company Details

Beclavel TECH SOLUTIONS, S.L.
Spanish company with registered office at:
C/ Llacuna, number 61, 5-2
08005 - Barcelona (Spain)

Registration

Commercial Registry of Barcelona
Volume 45613, Folio 156
Page 493653, 1st Registration
Tax ID: B-66854530

Contact

Email: info@Beclavel.com

For the purposes of these Terms and Conditions, "Beclavel" means Beclavel TECH SOLUTIONS, S.L. and its subsidiaries. A subsidiary of Beclavel TECH SOLUTIONS, S.L. is any company, partnership, corporation or other type of entity controlled by or otherwise under the control of Beclavel TECH SOLUTIONS, S.L.

02

Binding Terms and Conditions of Use

These Terms and Conditions of Use of the Beclavel platform are binding and regulate the conditions of use, access and use of the Beclavel platform and the Beclavel software available on it, which can be accessed through the authorised websites and applications property of Beclavel.

🚫 Access Restrictions

YOU ARE NOT AUTHORISED TO USE THE PLATFORM AND THE SOFTWARE ACCESSIBLE THROUGH IT IF:

  • You are underage, do not reach the legal working age, and/or do not have the legal capacity to contract
  • You have been prohibited by a judicial or administrative authority from accessing and/or using this type of services

Accessing the Beclavel Platform confers upon the user the status of "Customer", "Client", "User", or "You", and entails the thorough and total acceptance of these Terms and Conditions as well as the Privacy Policy of Beclavel.

03

Description of the Beclavel Services

The Beclavel Platform is an online platform for education management which is used by Customers in their capacity as employers and/or in their capacity as managers or advisors of employer organisations.

📚

Education Management

Centralise and digitalise educational information related to employees and staff

⚖️

Legal Compliance

Comply with related legal obligations as much as possible

🎯

Strategy Optimization

Optimise education strategies for your organisation

⚠️ Important Disclaimer

BECLAVEL IS NOT AN ADVISOR AND DOES NOT PROVIDE EMPLOYMENT OR LEGAL ADVICE OF ANY KIND. AS A CUSTOMER, YOU ARE RESPONSIBLE FOR ACCESSING AND USING THE PLATFORM UNDER YOUR SOLE RESPONSIBILITY.

Beclavel offers You our Platform, which includes the Beclavel's features contracted by You and operates as demonstrated in our various public videos and public information. The Client acknowledges that the product offered by Beclavel functions and contains what has been demonstrated in the "demo" with the Client.

04

Registration

To access the Platform, you must provide certain information as part of the registration process and agree to these Terms and Conditions and Beclavel's privacy policy.

📧

Contact Information

Provide a valid contact address and telephone number

Agreement

Accept these Terms and Conditions and Privacy Policy

🔄

Data Accuracy

Provide accurate, truthful, current and complete information

🆓 Free Trial

Beclavel may offer at its discretion a free trial period (not exceeding 15 calendar days from activation). Important: Any data entered during the Free Trial will be permanently lost unless a paid subscription is purchased or data is exported before the trial ends.

🔐 Account Security

YOU ARE RESPONSIBLE FOR maintaining the confidentiality of your username and password. If you know or suspect unauthorized use, report it immediately to: info@Beclavel.com

05

Authorization for Use

The Beclavel Platform is made available to you subject to licence for its use. Under no circumstances can it be understood that any ownership right over the Platform has been granted to the Customer.

📜 License Terms

Subject to compliance with these Terms and Conditions, Beclavel grants the customer a:

  • Non-exclusive license
  • Time-limited license
  • Non-transferable and non-assignable
  • Revocable license
  • For internal professional use only
  • Never for commercial purposes or resale to third parties

🚫 Competitor Restriction

You may not access the Services if you are (or intend to be) a competitor (direct or indirect) of Beclavel, except with Beclavel's prior written consent. Breach of this provision may result in immediate contract termination.

06

Use of the Platform

The User may use the Platform as a web application, as well as through the compatible mobile application for iOS, Android, or other system compatible with the Platform.

✅ Permitted Use

The User must use the Platform only for the purpose that is proper in good faith, in accordance with:

  • Current legislation
  • Generally accepted morals and good customs
  • Public order
  • These Terms and Conditions
  • Intellectual and industrial property rights owned by Beclavel

🚫 Strictly Forbidden Activities

🗃️ Data Mining

Create or compile collections, databases without prior written consent

🔓 Security Interference

Circumvent, disable or interfere with security features

👤 Account Access

Access or attempt to access other user accounts

🎭 Impersonation

Deceive, defraud or impersonate other users

🦠 Malware

Upload viruses, worms, Trojans or malicious software

⚖️ Legal Violations

Act against anti-money laundering regulations or international sanctions

Beclavel reserves the right to deny access and use the Platform, including suspension or deletion of your account, whenever the User uses the Platform contrary to these Terms and Conditions.

07

Access and Security

💻 Technical Requirements

To access and use the Platform, you need:

  • Compatible device
  • Specific software
  • Internet access (charges may apply)
  • Regular updates and new versions

WE STRONGLY RECOMMEND THAT YOU USE A HIGH-SPEED INTERNET CONNECTION.

🔧 Platform Maintenance

Beclavel will do its best to ensure that the Platform operates without interruptions or errors. However, brief interruptions may occur when we carry out maintenance, updates, or implement necessary security repairs.

🔐 Third-Party Authentication

If you choose to access the Platform via third-party account authentication services (such as Google Sign-in or Microsoft account), their respective terms and conditions may also apply.

🛡️ Security Responsibilities

  • Maintain confidentiality of username and password
  • Do not allow others to use your credentials
  • Log out at the end of each session
  • Report security breaches to: security@Beclavel.com
08

Price, Seats and Modification of Terms

The Price, the minimum committed "Seats" (Active Users/Employees), and the type of plan are stated in the Commercial Proposal/contract signed by the Client.

💳 Payment Methods

  • Debit or credit bank card
  • Direct debit through SEPA service
  • Other accepted payment methods by region

💰 Pricing Structure

  • Prices expressed in specified currency
  • Taxes not included
  • Minimum seats as per proposal
  • Additional services charged separately

📋 Terms Modification Notice

Beclavel may change conditions and prices with advance notice:

  • Monthly plans: 45 calendar days advance notice
  • Annual/semester plans: 60 calendar days advance notice

⚠️ Payment Default Consequences

If 30 calendar days pass without payment, Beclavel may:

  • Apply legal interest rate plus 7 points or ECB rate plus 10 points
  • Suspend/block access to Services and Platform
  • Terminate the relationship entirely

👥 Seats Regulation

Monthly Plans

Seat adjustments calculated 24h before invoice issuance. Downgrades require 15 days notice and can only be made 3 months after onboarding.

Non-Monthly Plans

Price adjustments calculated for remaining subscription period. Seat adjustments calculated and invoiced monthly.

09

Industrial and Intellectual Property Rights

Beclavel is the full and exclusive owner and/or holder of all the Industrial and Intellectual Property rights to the Services and to the Platform, as well as to its updates, improvements, revisions, extensions, modifications, adaptations, rectifications, translations or new versions.

🏛️ Ownership Rights

Through these Terms and Conditions, no ownership, usage rights, or any type of license are granted over:

  • Trade names, trademarks, logos
  • Domain names or distinctive signs
  • Industrial and Intellectual Property rights
  • Platform and Services

📋 User Obligations

The User undertakes to:

  • Respect and maintain Industrial and Intellectual Property rights
  • Not remove, hide or modify legal notices
  • Not remove copyright and trademark notices
  • Cooperate in protecting Beclavel's IP rights
  • Immediately inform of any infringement

🚫 Prohibited Actions

The following actions are strictly prohibited:

  • Reproduction, modification, distribution
  • Decompilation, disassembly
  • Reverse engineering techniques
  • Unauthorized benchmark testing
  • Competitive evaluation or monitoring

📢 Client Recognition

Beclavel reserves the right to include the Customer's standard name and logo in its public client lists, press releases, newsletters, website, advertising campaigns and similar materials.

10

Data Protection and Confidentiality

By accepting these Terms and Conditions, Beclavel and you sign the Data Processing Agreement, which governs the obligations concerning personal data protection established in Article 28 of the GDPR.

🔒 Data Processing Agreement

The Data Processing Agreement regulates:

  • Processing of Customer's personal data by Beclavel
  • Beclavel acts as data processor
  • Customer acts as data controller
  • Compliance with GDPR obligations

📊 Data Usage

Beclavel may use anonymized usage and analytical information for:

  • Platform improvement and development
  • Statistical and aggregate data analysis
  • Price indices and comparison services

All data is anonymized and cannot identify the Customer or users.

🗂️ Data Retention and Deletion

During Contract

Client may request data deletion at any time. Data permanently destroyed after 30 days.

After Cancellation

Data remains blocked for 1 year, then permanently deleted from all systems.

Data Export

Self-service extraction mechanisms available before cancellation. Contact: info@Beclavel.com

🤐 Confidentiality Obligations

Both parties commit to keep confidential all documentation and information, including:

  • Customer data and structure
  • Technical and non-technical data
  • Financial data and business plans
  • Source and object codes
  • Industrial and Intellectual Property

Confidentiality obligations persist even after contract termination.

📋 Confidentiality Exceptions

Confidentiality obligations do not apply when information:

  • Becomes publicly accessible without breach
  • Was legally possessed before disclosure
  • Is obtained legally from unrestricted third parties
  • Must be provided by legal requirement
11

Responsibilities

Beclavel's Liability

📈 Service Level Agreement

Beclavel is committed to providing the best platform availability service and offers a Service Level Agreement (SLA) for platform availability, which can be publicly accessed.

🚫 Liability Limitations

Beclavel shall not be responsible for:

  • Indirect, incidental, consequential, or punitive damages
  • Loss of profits, income, contracts, or expected savings
  • Data loss not attributable to direct breach
  • Failures beyond Beclavel's direct control
  • Force majeure events

💰 Maximum Liability Cap

BECLAVEL'S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY THE CUSTOMER TO BECLAVEL IN THE TWELVE (12) MONTHS PRIOR TO THE HARMFUL EVENT.

📢 Claim Notification

Beclavel will not be liable unless the Customer notifies their claim in writing within twenty (20) calendar days from the date they became aware of the issue.

Customer's and User's Liability

🛡️ Indemnification Obligations

The Customer and Users undertake to indemnify, defend and hold Beclavel harmless for all losses arising from:

  • Breach of these Terms and Conditions
  • Violation of laws or third-party rights
  • Failure to install authorized updates
  • Claims related to Customer's data
  • Data transferred to third-party applications

⚠️ Risk Assumption

THE CUSTOMER AND USERS ASSUME ALL RESPONSIBILITIES AND RISKS RELATED TO THEIR USE OF THE SERVICES AND THE PLATFORM. IF YOU DO NOT WISH TO ASSUME SUCH RISKS, YOUR ONLY RECOURSE IS TO STOP USING THE PLATFORM.

13

Integrations, Partners and Services Provided by Third Parties

The Beclavel Platform facilitates data exchange with third-party systems and/or physical devices. All such Integrations are provided under the sole responsibility of these third parties or external suppliers.

🔌 Integration Responsibility

Third-party Integrations:

  • Do not constitute services provided by Beclavel
  • Are not under Beclavel's direction or control
  • Beclavel merely provides technical access
  • Are governed by third-party terms and conditions

🏦 Regulated Sector Services

For services provided by integrations in regulated sectors (e.g., Swan, Stripe for banking services):

  • Beclavel remains a third party to the direct contractual relationship
  • Customer contracts directly with the collaborator
  • Third collaborator's Terms and Conditions apply
  • Beclavel operates in strict compliance with regulations

💼 Advisory and Management Services

Beclavel may offer Customers the possibility of contracting with collaborators for:

  • Online or offline advisory services
  • Administrative management of labour documents
  • Payroll management
  • Employee documentation services

The collaborator is directly responsible for any incidents related to these services.

🚫 Integration Disclaimer

BECLAVEL HAS NO CONTROL OR RESPONSIBILITY OVER THIRD-PARTY INTEGRATIONS and does not assume any responsibility or warranty for:

  • Accuracy, reliability, or security of integrations
  • Quality, results, or support from third parties
  • Availability or pricing of third-party services
  • Compliance with deadlines by external providers

🔄 Integration Changes

Beclavel reserves the right to:

  • Make changes to available Integrations
  • Remove or substitute integrations
  • Modify integrations when discontinued by third parties

🤝 Third-Party Independence

Services provided by partners and external providers are:

  • Independent of Beclavel
  • Solely their responsibility
  • Governed by private relationships with customers
  • Not grounds for Beclavel platform termination
  • Subject to direct resolution with the provider
14

Amendment

Beclavel reserves the right to update these Terms and Conditions periodically if deemed necessary or to adapt to regulatory changes, technical, product/Service-related, strategic/business reasons, clarification reasons and/or to provide a better service.

📢 Publication of Modifications

Any modifications to these Terms and Conditions will be published in the same manner as they appear here (public website).

📋 Client Responsibility

IT IS CLIENT'S RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS AND CONDITIONS. If you continue to access and use the Beclavel Platform after a modification, you will be deemed to have accepted such modification.

🚫 Non-Acceptance of Modifications

If you do not accept a modification of these Terms and Conditions:

  • You may not continue to use the Platform or Beclavel software
  • These Terms and Conditions will be considered terminated
  • You must cease all use immediately
15

Duration of the Service

These Terms and Conditions are of indefinite duration from acceptance, unless a specific fixed-term contract has been concluded between Beclavel and the Client.

📅 Subscription Types

Indefinite Duration

Default terms unless specific fixed-term contract exists

Fixed-Term Plans

Monthly, Annual, Semi-annual plans with automatic renewal

📋 Termination Notice Requirements

Monthly Plans

15 calendar days before subscription end

Customer pays full monthly cycle without proportional adjustment

Annual/Semi-annual Plans

30 calendar days before contract end

Automatic renewal if notice not provided

⚠️ Early Termination

Early termination consequences:

  • No refund of unused subscription fees (pro-rata)
  • No refund of amounts already paid
  • Obligation to pay outstanding amounts remains
  • Must download all documents before cancellation

🗂️ Data Access Warning

Upon cancellation:

  • Download all documents and files before effective cancellation date
  • No access to Platform or content after cancellation
  • All personalizations will be deleted
  • No refunds for paid amounts

📜 Surviving Clauses

The following clauses survive termination:

  • Intellectual property rights
  • Confidentiality obligations
  • Limitation of liability
  • Governing law and jurisdiction
  • Outstanding payment obligations
16

Contact

The User may contact Beclavel through various channels for support and inquiries.

📧

Email Support

info@Beclavel.com

Primary contact method
👤

Account Manager

Through your assigned Account Manager

For existing customers
🎧

Customer Support Portal

Available in the application

In-app support system
📍

Mailing Address

C/ Llacuna, 61, 5-2
08005 Barcelona, Spain

Physical correspondence

📨 Certified Email Communications

Communications via certified email (compliant with eIDAS - Regulation (EU) No 910/2014) shall have full formal and legal validity for all purposes. The Client acknowledges that the provided email address is correct and valid for receiving formal/legal communications.

17

Access to Our Terms and Conditions in Other Languages

Beclavel focuses its efforts on providing the best possible service to its Users. Therefore, Beclavel makes these Terms and Conditions available in different languages.

🌐 Language Availability

Beclavel does not guarantee that these Terms and Conditions are available in all languages or in a specific language that the User may require.

🔧 Accessing Other Languages

To access our Terms and Conditions in other languages:

  • Change the language settings of your browser
  • If not available in your selected language, contact: info@Beclavel.com

📋 Language Precedence

In the event of any conflict or discrepancy between different language versions of the terms and conditions, the English version shall prevail and be deemed binding.

18

Assignment of These Terms and Conditions

🏢 Beclavel's Assignment Rights

Beclavel may assign, with prior informative communication to the Client, its rights and obligations under these Terms and Conditions to:

  • Any of its Subsidiaries at any time
  • Third parties in case of sale, merger, acquisition, spin-off
  • Other change of control of Beclavel business operations

No Client consent required for these assignments.

👤 User Assignment Restrictions

The User may only assign these Terms and Conditions to:

  • Subsidiary or company within their group of undertakings
  • Third party with prior express written consent of Beclavel
  • Assignee must be pre-authorized by Beclavel

🚫 Unauthorized Assignment Consequences

Assignment without prior Beclavel authorization may result in:

  • Immediate termination of Terms and Conditions
  • Termination of Platform access without prior notice
  • No right to claim compensation for damages
19

Applicable Law and Jurisdiction

⚖️ Governing Law

These Terms and Conditions will be governed and interpreted in accordance with the common law rules of Spanish law.

🏛️ Jurisdiction

For any matters arising from the interpretation, fulfilment and execution of these Terms and Conditions:

  • User and Beclavel submit to the jurisdiction of Courts and Tribunals of Barcelona
  • Express waiver of any other jurisdiction by law
  • Unless applicable legislation provides otherwise

🤝 Dispute Resolution Process

Prior to filing legal actions:

  1. Both parties will make best efforts for maximum 15 working days
  2. Attempt to reach an amicable solution to the dispute
  3. If period elapses and dispute persists, parties free to enforce rights before Courts
20

Miscellaneous

📋 Waiver of Rights

The fact that Beclavel does not enforce any provision at any given time shall not be interpreted as a present or future waiver of such provisions. Beclavel's failure to exercise a right does not imply waiver of it.

💰 Money Laundering Compliance

In compliance with Spanish regulations on prevention of money laundering (Law no. 10/2010, Royal Decree no. 304/2014):

  • Beclavel must gather identification documentation
  • Customer must provide required proof documentation
  • Guarantee validity, accuracy, completeness of information
  • Identify actual owner of company or legal structure

📜 Entire Agreement

These Terms and Conditions and their successive amendments form a single legal body, which is the only valid agreement between Beclavel and the User. Any prior agreement, contract, or communication not expressly referred to is null and void.

⚖️ Severability

If any non-essential provision is declared invalid or ineffective by judicial provision:

  • Invalidity will not extend to rest of provisions
  • Remaining provisions remain in force and fully effective
  • Parties agree to replace invalid clause with valid and effective one
  • Effect should be as similar as possible to the former

📝 Headings

The headings of each provision of these Terms and Conditions are for reference purposes only and do not affect the meaning and/or interpretation of the Terms and Conditions.