Terms and conditions of service

1. LEGAL INFORMATION

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, services of the information society and electronic commerce) you are visiting https://www.haddock.app (hereinafter the "Website"), owned by HADDOCK APP INC (SUCURSAL EN ESPAÑA) ("HADDOCK") with registered office at c/ Provença 286, 1-2, 08008, Barcelona, España, CIF W0255977A, registered in the Commercial Register of Barcelona, Volume 48558, Folio 178, 8th Section.

E-mail: [email protected]

In addition to reading these Terms and Conditions of Service, before accessing, browsing and/or using this Website, you should read the Legal Notice and the Privacy Policy. 

By using this website or by making and/or requesting the purchase of a product and/or service through this website, you agree to be bound by these Terms and Conditions and our Policies above, so if you do not agree with them, you should not use this Website.

For any questions regarding the Terms and Conditions, you may contact the owner using the contact details provided at the top of this document.

2. THE USER

Access and use of the Website and its contents attributes the condition of User of the same and implies unreserved acceptance by the User of each and every one of the conditions included in this document, in the version published at the time it is accessed.

The User undertakes to use the Website diligently and responsibly of the content and services that HADDOCK offers through its website and by way of example, but not limited to, not to use them for:

1. Engage in activities that are illicit, illegal or contrary to good faith and public order;
2. disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or against human rights;
3. cause damage to the physical and logical systems of HADDOCK, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage;
4. attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.

Likewise, the User undertakes to:

1. Make use of this Website only to make legally valid inquiries and/or purchases or acquisitions.
2. Not to make fraudulent or false purchases. If it is considered that the User has made any such purchase, it may be cancelled and the relevant authorities will be informed.
3. To provide truthful and lawful contact information, for example, e-mail address, postal address and other data (See Legal Notice).

Likewise, the user declares to be of legal age and to have legal capacity to enter into contracts through this Website.

3. SCOPE OF SERVICE OFFERED BY HADDOCK

3.1. Terms of service

HADDOCK is a software solution through which the user can digitize through photos and file uploads, documents such as invoices, delivery notes and/or tickets automatically, making use of the different functionalities (reconciliations, price variations, scandals...) according to the contracted plan.

The Service and its application content may be altered, replaced, modified or updated in the future. Changes, modifications or updates to the content of the Service that do not change the general character of the Service and changes in the appearance of the application will not be considered as a modification of the Service.

The Service requires the User to have access to the Internet which is necessary and the User shall be responsible for all costs associated with such connection.

Any claim or dispute relating to the services provided by this platform shall be handled through HADDOCK's customer services.

3.2. SUBSCRIPTION

In order to avail of the services offered by HADDOCK the user must subscribe by selecting one of the plans offered which will vary according to the user's needs and those of his business.

In particular, HADDOCK offers the subscription plans available through the "Pricing" tab of its Website and which you will find at the following link: https://en.haddock.app/haddock-prices

Payment transactions will be made through STRIPE's secure payment gateway unless the SPRINQUE invoice payment option is used.

USE OF STRIPE PAYMENT SERVICES

In order to formalize payment transactions through the technological partner STRIPE, the user must include his/her credit card details.

HADDOCK, as owner of the Website, will share with STRIPE the personal data of users who use the payment system in order to properly manage the contractual relationship.

The payment process is encrypted using the highest security standards used by these entities, and for this reason no third party can have access to the data sent by our customers over the Internet.

You can consult the Privacy Policy and Legal Notice of STRIPE through its web page: https://stripe.com/gb   

‍USE OF SPRINQUE INVOICE PAYMENT SERVICES

Sprinque is the technology partner that allows us to offer you access to the Bill Pay option. If Bill Pay is approved, that option will be available at the time of payment. If you select the Pay by Invoice option, you agree to all of these Terms of Use:

• Sprinque is solely responsible for providing the Pay by Invoice service to HADDOCK APP S.L. All product liability, support relating to goods and services, etc. rests with HADDOCK APP S.L. and Sprinque is not responsible for any defects in the product or the provision of services.
  
• If you select the Payment by Invoice option, HADDOCK APP S.L. will sell the credit and transfer the debt for that transaction to Sprinque. You hereby agree to this sale and transfer. After the sale and transfer of your credit, your payment obligation will be with respect to Sprinque, who will follow up with you through free messages and reminders based on our agreed reminder interval in order for payment to be made on time. 
  

Sprinque will be entitled to collect the debt. If you default on the payment obligation towards Sprinque, Sprinque may turn to third parties for collection of the debt.

• Please note that the final invoice and reminders you will receive will reflect Sprinque as the payee for your transaction with HADDOCK APP S.L.

As a consequence of the above, HADDOCK will share your business data and personal information with Sprinque to determine whether the end user is eligible to use the Bill Pay service by performing fraud and credit checks and, where eligible, to provide the Bill Pay service. Sprinque also uses this data to improve its services. You can review its privacy policy at https://www.sprinque.com/privacy-policy. You may also exercise your data protection rights (access, rectification, deletion, etc.) with Sprinque at [email protected].   

4. USE OF THE SERVICE

4.1. Registration, User Name and Password

It is a prerequisite for accessing and using the services offered through the HADDOCK platform to complete all the information requested on the form.

By registering, the user accepts and agrees to be bound by these Terms and Conditions, as well as by the Privacy Policy and Legal Notice of the Website.

When registering, the user must provide a user name and password to access his/her account. The access data will be for personal use only and may not be used by third parties.

HADDOCK may, for purposes of transparency and fraud prevention or detection, establish a system to verify some of the information in the user's profile.

You are responsible for responsible for ensuring that the information you provide when registering with HADDOCK is correct by updating your account HADDOCK is correct, updating your account in the event that any of the information has changed.

You are also responsible for all use of the responsible for all use of the service that takes place through your account.HADDOCK reserves the right to immediately suspend your access to the service or to terminate your account in the event that it becomes aware of any improper attitudes or treatment of the service.

4.2. Duration, right of withdrawal and cancellation

As indicated in these Terms and Conditions, you may register for free on the HADDOCK registration to the HADDOCK platform free of charge and may cancel at any time. at any time.

At the moment the user subscribes to one of the plans offered on the platform, he/she accepts the immediate provision of the service, as well as the immediate availability of the contents upon payment. In addition, when subscribing to any of our plans, an activation fee is applied. This activation fee covers the initial costs associated with the creation and configuration of your account on the haddock platform to ensure the optimal provision of the service and the immediate availability of the platform's functionalities tailored to your needs. Please note that this activation fee is non-refundable. The imposition of the setup fee and its non-refundable nature is in recognition of the immediate consumption of resources and the customized configuration provided to the user. This fee is separate and in addition to the subscription fee of the chosen plan.

Consequently, and in accordance with Article 103 letter m) of Spanish Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the user shall not have the right of withdrawal once the service has begun.

The products and services contracted to haddock will have the duration that has been agreed at the time of contracting by the parties, being otherwise generally annual. At the end of the duration indicated in the contracting process, the contract will be understood automatically and tacitly extended for successive periods equivalent to the period agreed at the time of contracting, or for annual periods in its absence. However, to cancel the subscription and avoid automatic renewal, the user must fill in the cancellation form available on the Website at https://www.haddock.app/cancel. This form must be completed and submitted at least thirty (30) days prior to the desired renewal date. The notice period will begin to run from the day the duly completed cancellation form is received by haddock .

In addition, HADDOCK may terminate the agreement automatically if (i) there is unauthorized use; (ii) the user has breached the agreement; (iii) the user does not pay the subscription fee for the contracted plan.

4.3. Liabilities

HADDOCK shall be entitled to charge the Customer the price in advance for the provision of the contracted products, applications or services; to interrupt the services in order to undertake all those tasks that it deems necessary and/or convenient in order to undertake improvements and/or restructuring of the same, as well as to carry out service maintenance operations.

HADDOCK shall not be liable for circumstances and events beyond its control, such as delay, interruption or malfunction attributable to third party operators or service companies, lack of access to third party networks or service subcontractors, acts or omissions of Public Authorities, acts of God or force majeure. The Customer shall be entitled to the use of the contracted services in accordance with the terms and conditions of this Agreement. 

HADDOCK shall not be liable for any direct damage suffered by the Customer, whether or not directly caused by the Customer. HADDOCK shall not be liable for any damages, loss of business, revenue or profits, consequential damages, loss of profits or business opportunities, disappearance or deterioration of data suffered by the Customer or third parties due to acts or omissions directly attributable to the Customer, its employees or personnel employed by or in the service of the Customer, or third parties.

Furthermore, HADDOCK shall not be liable for: the Customer's violation of any applicable regulations in connection with the use of the contracted services; for fines, compensation and damages resulting from the Customer's failure to comply with its obligations; for lack of access or problems inherent to internet connectivity or electricity networks or service interruptions of other companies already principals or subcontractors; HADDOCK shall in no event be liable for any compensation or liability imposed on the Customer as a result of claims or legal, judicial or extrajudicial actions brought against the Customer for infringement of third party rights and/or applicable regulations arising from the content of the data stored, transmitted or received by means of the contracted services. HADDOCK is completely unrelated and does not intervene in the creation, transmission or provision of, and does not exercise any kind of prior control or guarantee the legality, infallibility and usefulness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through or by means of the services, declining any liability that may arise therefrom.

Likewise, HADDOCK is not responsible for any errors that may occur in calculations, operations and all kinds of actions performed with the contracted applications. 

5. LINKING TO THE WEBSITE AND LINKED SITES

The establishment of links to the Website is prohibited unless previously authorized by HADDOCK. In any event, once a link has been authorized by HADDOCK, the link must be established on the following terms: 

• The link may not consist of "frames" or frames that allow the display of the Website through Internet addresses other than those of the Website or that in any other way jointly display the information of the Website with that included in other web pages. 
• No false, inaccurate or incorrect statements about the Website and/or HADDOCK shall be made from the website that introduces the link (the "Linking Site"). 
• In no event shall the authorization granted by HADDOCK mean that (i) HADDOCK sponsors, collaborates with, verifies or supervises the content and/or services provided through the Linker Site; nor (ii) that HADDOCK is in any way responsible for the content of the Linker Site. 
• The Linking Site must faithfully comply with the Law and may not under any circumstances host content, whether its own or that of third parties, that: (i) is unlawful, harmful to the rights of third parties, harmful, denigrating, violent, inappropriate or in any other way contrary to morality, uses and good customs (pornographic, racist, etc. ); (ii) induce or could induce in the User the false conception that HADDOCK subscribes, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal of the sender; and (iii) are inappropriate or irrelevant in relation to the activity of HADDOCK. 

In the event of breach of any of the terms set forth above, HADDOCK may take appropriate legal action to that effect.

In order to assist the User in finding additional information, HADDOCK may include various technical linking devices that allow the User to access other websites (the "Linked Sites"). In these cases, HADDOCK acts as an intermediary service provider, in accordance with Article 17 of the LSSI. In accordance with the provisions of the aforementioned legislation, HADDOCK shall not be liable for the services and content provided through the Linked Sites, unless it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. 

In no case does the existence of Linked Sites imply recommendation, promotion, identification or conformity of HADDOCK with the statements, content or services provided through the Linked Sites. Consequently, HADDOCK is not responsible for the content of the Linked Sites, nor for their conditions of use and privacy policies, and the User is solely responsible for checking and accepting them each time he/she accesses and uses them.

6. INTELLECTUAL PROPERTY

All information contained in this Website, as well as the graphic design, images, drawings, representations, voices, sounds, video recordings, audio segments, attached written descriptions, source codes, trademarks, trade names, names and other content are subject to the intellectual and industrial property rights of HADDOCK or third parties, and are legally reserved, and are protected by national and international legislation on the subject.

Access to and use of the Website shall in no case imply the waiver, transfer, assignment or total or partial license of such intellectual or industrial property rights, nor confer any right to use, translate, adapt, alter, exploit, reproduce, distribute or publicly communicate, for commercial purposes, the Website or its contents without the prior express authorization of HADDOCK or the legitimate third party owner of the rights affected.

The user of the Website must refrain in any case from deleting, altering, evading or manipulating any protection device or security systems that may be installed on it.

The infringement of any of the aforementioned rights may constitute a breach of the conditions contained in the subscription agreement and a violation of the law, and even a crime punishable under criminal law.

7. CHANGES TO THE TERMS AND CONDITIONS

HADDOCK, as the owner of the website and data controller, may change the Terms and Conditions of Purchase policy from time to time and, in such event, we will post such changes on this website. Your continued browsing of HADDOCK after such changes become effective will be deemed to be your acceptance of the changed policy. In the event that the changes are of a more significant nature, we will notify you more prominently or request your consent as specified by law.

8. GOVERNING LAW AND JURISDICTION

This Web Site and the conditions contained in these Terms and Conditions of Purchase are governed by Spanish law. For any litigious question or conflict derived or related to the access and use of the Web Site, or the interpretation and fulfillment of the mentioned conditions, the parties submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona.