PRIVACY POLICY
INDEX:
1. Identification and contact details of the Data Controller.
NUBESIS, S.L., a company domiciled at Calle Marqués de Guadalest, 29, Valencia, Spain, with CIF B98088271 and telephone 902602083 (hereinafter, the “Company”) is the **data controller** for personal data processed through www.bookitit.com (the “Website”). This clause provides information on how the Company will use your personal data.
Furthermore, the purpose of this Privacy Policy is to provide information on the **rights** that customer representatives have under the General Data Protection Regulation (“GDPR”). If you have any questions regarding the processing of your personal data, please contact the Company at the following address: info@bookitit.com.
We also inform you that Nubesis S.L. has a designated **Data Protection mailbox** where you can get in touch at the following address: datospersonales@bookitit.com
2. General information: description of the information contained in the privacy policy.
In this privacy policy, you will find a table identifying the **processing activities** carried out by the Company.
This information table will provide details on:
• The **purposes** for processing your personal data, meaning the reason why the Company processes your personal data.
• The **legal bases** that allow the Company to process data for the indicated purpose.
• The **possible communication of your data to third parties**, as well as the reason for such communication. For these purposes, we inform you that we do not transfer your personal data to third parties except when there is a legal obligation (Public Treasury, Judges and Courts, Security Forces and Bodies,…) or we explicitly state it in the table below. Additionally, the Company’s data processors, i.e., service providers who need to access your personal data to perform their functions, may have access to your personal data.
Service providers who access your personal data generally operate in the **information systems and technology sectors**. The table below will indicate other sectors where the Company’s service providers need to access your personal data.
We inform you that you can request more detailed information regarding the recipients of your data by sending an email to info@bookitit.com.
• The existence of potential **international data transfers**.
• The **data retention period** for the data you provide us. For these purposes, we inform you that we keep your personal data for the entire duration of the contractual relationship or for a longer period if you have authorized us to do so. Furthermore, we inform you that your data will subsequently remain blocked for the purpose of addressing judicial, administrative, or fiscal claims, for the periods legally determined by each applicable regulation.
3. Necessary and updated information
All fields identified as “required” in the forms provided to you must be filled in. Omitting any of them could make it impossible for us to send you our contact information so that the requested services can be provided to you. You must provide **truthful information**, and the use of aliases or means to hide your identity is prohibited.
When providing any data that may be requested in the existing contact form, you may not choose offensive, insulting expressions or graphic-denominative sets, or those that coincide with **trademarks, trade names, establishment signs, company names, advertising expressions, names or pseudonyms of public or famous figures** for whose use you are not authorized, and, in general, those contrary to the law or to the requirements of morality and generally accepted good customs.
To ensure that the information provided is always **updated and free of errors**, you must notify the Company, as soon as possible, of any modifications and rectifications of your personal data that occur through the following email: datospersonales@bookitit.com.
Likewise, by clicking the “I accept” button (or equivalent) incorporated in the aforementioned contact forms, you declare that the information and data you have provided therein are **accurate and truthful**.
4. Exercise of your rights
We inform you that you can exercise the following rights:
(i) **Right of access** to your personal data to know what data is being processed and the processing operations carried out with it;
(ii) **Right to rectification** of any inaccurate personal data;
(iii) **Right to erasure** of your personal data, when possible;
(iv) **Right to request the limitation of the processing** of your personal data when the accuracy, legality, or necessity of data processing is doubtful, in which case, we may keep the data blocked for the exercise or defense of claims.
(v) **Right to object** to the processing of your personal data, when the legal basis that enables us to process them from those indicated in the table included in section 5 is legitimate interest. The Company will stop processing your data unless it has a compelling legitimate interest or for the formulation, exercise, or defense of claims.
(vi) **Right to data portability**, when the legal basis that enables us to process them from those indicated in the table above is the existence of a contractual relationship or your consent.
(vii) **Right to withdraw your consent** at any time.
You can exercise your rights at any time and free of charge by sending an email to datospersonales@bookitit.com indicating the right you wish to exercise and your identifying data.
Furthermore, we inform you that you have the **right to file a complaint** with the Spanish Data Protection Agency if you believe that an infringement of data protection legislation has been committed regarding the processing of your personal data.
5. Detailed information on processing carried out by service.
Purpose of processingLegal BasisRecipientsInternational TransfersRetention Period
Management of personal data to maintain contact with the entities you represent for the provision of services, and to address doubts and claims arising from the provision of the service you perform on behalf of the entity you represent.Legitimate interest: the processing of customer representatives’ data to manage the relationship with them.Data may be transferred to the banking entity for which you have accepted online payment without the Company having access to your card data. The categories of service providers who could access your data, in addition to what is indicated in section 2, are emailing service providers.No international transfers of personal data are carried out.During the contractual relationship
Manage quantity claims with the entity you represent, serving as a point of contact.Legitimate interest: the Company is authorized to initiate necessary actions to recover amounts owed by its clients, for which you will act as a point of contact.Service providers who could access personal data for this processing are engaged in the debt collection sectors.No international transfers of personal data are carried out.Until the debt is paid.
Claims and inquiries to user support via chat or email.Legitimate interest of the Company: to address information requests, claims, and exercise of rights raised by customer and supplier representatives.Your personal data will not be transferred to any third party. It will not facilitate access to additional service providers to those indicated in section 2.No international data transfers are carried out.Until the resolution of the query or claim raised.
Sending commercial communications from the Company by any means. Also, they will be used to send invitations to events and participation in contests, as well as send news related to the Company.Consent: by checking the box in the registration form, you will authorize the Company to send you commercial communications under the terms indicated in the previous column.Your personal data will not be transferred based on this processing. The categories of service providers who could access your data, in addition to what is indicated in section 2, are communication sending service providers.International transfers of personal data could be made (https://mailchimp.com/es/legal/data-processing-addendum/)For 24 months from the last interaction with the Company or until you revoke your consent (whichever comes first).

6. Security

The Company has implemented and maintains the security levels required by the GDPR to protect the personal data of data subjects against accidental loss and unauthorized access, processing, or disclosure, taking into account the state of technology, the nature of the data stored, and the risks to which they are exposed. However, the transmission of information over the Internet is not totally secure; therefore, and despite the Company’s best efforts to protect the data of data subjects, it cannot guarantee their security during transit to the Website. Therefore, all information you provide will be sent at your own risk. Once your data is received, the Company will use rigorous procedures and security features to prevent any unauthorized access.
7. Confidentiality
The personal data that we may collect through the Website or through the various communications we maintain with you will be treated with confidentiality, committing ourselves to keep them secret in accordance with the provisions of applicable legislation.
8. Minors
Minors under 18 years of age may not use the services available through the Website. In this regard, and insofar as the Company is unable to control whether data subjects are minors or not, it is warned that parents and guardians must enable the necessary mechanisms to prevent minors from accessing the Website and/or providing personal data without their supervision, the Company not accepting any responsibility in this regard.
9. Update of the privacy policy
This Privacy Policy may need to be updated; therefore, it is necessary that you review this policy periodically and, if possible, every time you access the Website in order to be adequately informed about the type of information collected and its processing. You can find the Privacy Policy at the bottom of the Website. Notwithstanding the foregoing, we will notify you of any modification to this privacy policy that affects the processing of your personal data.
The Privacy Policy was last updated on October 25, 2023.

WEBSITE TERMS OF USE
1. Identification of the parties

This legal notice regulates the access and use of the service of the website www.bookitit.com (hereinafter, the Website) that NUBESIS, S.L. has created with the purpose of providing a web tool for managing schedules, reservations, and appointments for online services. NUBESIS, S.L. (hereinafter, NUBESIS) is a limited company whose registered office is in Valencia, Calle Marqués de Guadalest, 29, postal code 46011, Valencia, Spain. The contact email is: info@bookitit.com. NUBESIS is registered in the Mercantile Register of Valencia, Volume 8958, Book 6243, Folio 7, Page number V-131312, whose address is in Valencia, Calle Marqués de Guadalest no. 29 and its C.I.F. is B98088271. The User, visitor, client or subscriber (hereinafter, the Client), as well as the company, self-employed individual or organization (hereinafter, the Center) acknowledge having sufficient capacity to contract and have read, understood and accepted these Legal and General Conditions of Use of this website (hereinafter, LGCU). These LGCU will refer to both Clients and Centers when the term User is employed. Access, permanence on the Website and its use by the User implies reading and acceptance, without any reservation, of these LGCU and of the complementary information pages detailed therein, referring to the privacy policy or adhesion conditions that, where applicable, are applicable. These LGCU do not prevent NUBESIS from establishing other particular conditions for the contracting or use of certain services or products offered to Users on the website. Likewise, NUBESIS informs Users of this Website that these LGCU may be modified without prior notice. Consequently, the Client or Center must carefully read this Legal Notice each time the Website is used, as it may undergo modifications.

2. Website Content

The detailed LGCU regulate the access and use of the Website as well as all the content displayed or made available to Clients therein. NUBESIS may modify, develop, update, or withdraw said content at any time and without prior notice. The Website contains a tool for managing online schedules, reservations, and appointments for services, and an advertising and promotion platform for Centers. The use of the Website or its content for purposes detrimental to the assets or interests of NUBESIS or third parties, or that in any other way overload, damage, or disable the networks, servers, and other computer equipment or computer products and applications of NUBESIS or third parties, is expressly prohibited. NUBESIS will remove all data, comments, and content in general when it has effective knowledge of their unlawful nature or that they harm assets or rights of a third party susceptible to compensation, as well as when it considers them to be discriminatory, xenophobic, racist, pornographic, or that violate public order or that, in its judgment, are not suitable for publication, being able in all these cases to suspend, cancel, delete, or block the account of the infringing Client or Center without incurring any liability for NUBESIS.

3. Exemption from liability for Website content

NUBESIS will ensure, as far as possible, the correct functioning of the Website, the correctness of its content, and the veracity of what is published on it. However, NUBESIS is not responsible for errors or omissions that may affect the contents of the Website or other contents that may be accessed through it, nor for the misuse and incorrect use that Users may make of the Website. The Website acts as a mere technical intermediary in the reservation and management of appointments between the Center and its clients. NUBESIS undertakes to verify, as far as possible, the veracity of the information in the profiles published on the Website. NUBESIS only provides the Client with a platform through which they can arrange appointments with the Centers and only undertakes to manage said appointment reservation in the services offered through the Website. In no case is NUBESIS responsible for the effective provision of said service, the quality or diligence of its provision, or for the scheduled appointment taking place, with the Centers being solely responsible for the successful outcome of their commercial relations, contracts, agreements, and professional contacts. NUBESIS does not participate in any communication between Users beyond the technical support provided for booking appointments through the Website. Centers are responsible for the execution and fulfillment of agreements reached with other Users. NUBESIS will ensure, as far as possible, the computer security of the technical supports used by the User when Browse the pages of the Website. However, since the Internet cannot be considered a secure medium, NUBESIS cannot guarantee the absence of viruses or other harmful elements, introduced by third parties, that could cause damage or alterations to the computer system, electronic documents, or files of the User visiting this Website. Consequently, NUBESIS will not be liable for damages that such elements may cause to the User, Center, or third parties. Likewise, NUBESIS does not guarantee continuity of service, and no liability can be derived for damages of any nature that may be due to the temporary interruption in access to one of the services provided on the portal. NUBESIS cannot be held responsible, either directly or indirectly, for damages derived from the misuse of this Website or its contents by Users, nor for any action carried out based on the information provided therein. NUBESIS may limit access to the Website of opinions, information, comments, or images that Users send, so it can install, if it deems appropriate, filters for such purposes. The aforementioned faculty does not in any way imply NUBESIS‘s obligation to control the content that may be disseminated through its Website, but only an expression of its will to avoid, as far as possible, that content or opinions that may be considered defamatory, violent, racist, sexist, xenophobic, discriminatory, pornographic, that violate youth or childhood, order, or that, in any way, contravene morality, public order, or good customs, or are clearly illicit, may be expressed through it. The links contained in this Website may lead the User to other sites and web pages managed by third parties, over which NUBESIS has no responsibility. NUBESIS is not responsible for the content or the status of said sites and web pages, and access to them through this Website does not imply that NUBESIS recommends or approves their contents. In any case, NUBESIS will not be responsible for the opinions expressed by Users through the comments or applications of this Website.

4. User responsibility for accessing and using the Website

The Website offers access to various contents and information as well as services that require User registration. Upon online registration, the User agrees to provide truthful, accurate, lawful, updated, and complete information about their identity (name, surname, email, phone, address, city, postal code, country) as requested in the service registration form. Likewise, the User undertakes to use these services appropriately, according to the possibilities and purposes for which they are conceived, avoiding in any case: a) engaging in illicit, illegal, or activities contrary to good faith and public order; b) disseminating content or propaganda that is racist, xenophobic, illegal-pornographic, advocating terrorism or attacking human rights; c) causing damage to the physical and logical systems of NUBESIS, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems capable of causing the aforementioned damages; d) attempting to access and, where appropriate, use the email accounts of other Users or Centers and modify or manipulate their messages; e) creating more than one free trial account for the same purpose within the same company, as this will be understood as a way to avoid paying the corresponding fee once the free trial period ends. The User or Center undertakes to respect national and international intellectual property rights. In this sense, the User of the Website may not carry out any act of exploitation of the contents, information, and elements available on the Website without the prior express written authorization of NUBESIS. Users will be solely responsible for the information, images, opinions, allusions, or contents of any kind that they communicate, host, transmit, make available, or display through the Website. The use of third-party or false identities is strictly prohibited and, in particular, civil identity theft. NUBESIS may suspend suspicious profiles until the identity of their owners is verified. False profiles will be canceled immediately, and the facts will be brought to the attention of the competent public authority for the infringement to be prosecuted through appropriate legal channels. The use of the Website for sending advertising or commercial communications of any kind, for sending messages for advertising or promotional purposes, or for collecting personal data for any purpose, including progressive customer acquisition practices (such as pyramid sales or chain distribution systems), is prohibited. Likewise, the repetitive or unsolicited sending of emails – even if non-commercial – to a plurality of people is prohibited. The User who breaches these LGCU will be responsible for all expenses incurred by NUBESIS as a result, including, but not limited to, legal representation and compensation to third parties.

5. Intellectual and industrial property

The elements contained in the Website (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) are owned by NUBESIS or its licensors, and no exploitation rights over them can be understood as assigned to the User or Center beyond what is strictly necessary for the correct use of the Website. The reproduction, distribution, transformation, public communication, including its modality of making available, as well as any other form of exploitation of all or part of the contents of the Website, in any medium and by any means, without the prior express written authorization of NUBESIS, are expressly prohibited. The User may view the elements of the Website and even print, copy and store them on the hard drive of their computer or on any other physical medium, provided that it is, solely and exclusively, for their personal and private use. The User must refrain from deleting, altering, evading, or manipulating any protection device or security system that was installed on the Website. The reproduction or transmission of the content of this Website is allowed only for informative or dissemination purposes and provided that the source (author’s name, website URL) is cited and its authorship is respected. The texts and graphic elements that constitute the Website, as well as its presentation and assembly, are either exclusively owned by NUBESIS or it holds the necessary exploitation rights. Notwithstanding the foregoing, the trade names, trademarks or distinctive signs that appear or are alluded to on this Website are also protected by industrial property rights, whether owned by NUBESIS or by third parties. Therefore, it is forbidden to use them without express written authorization from NUBESIS or the legitimate owner. All logos and trademarks of NUBESIS are registered as trademarks in the corresponding public registries, thus benefiting from public registration faith in any type of controversy in this regard. The logos of third parties appearing on the Website belong to their respective owners, and these owners are, in all cases, responsible for any possible controversies that may arise regarding them. Claims that may be filed by Users in relation to possible infringements of intellectual or industrial property rights over any of the contents of this Website must be addressed to the email address specified in the contact details of this text. The User assigns to NUBESIS worldwide reproduction, distribution, and public communication rights over the content supplied through the Website, as well as the right to transform them to adapt them to the technical needs of the Website, and further guarantees the legitimate ownership and power of disposal over said rights.

6. Voluntary deregistration from the service

The User may unsubscribe from the service at any time, without prior notice or justification, through the form enabled for this purpose, although they may voluntarily inform NUBESIS of the reasons for their unsubscribe for statistical purposes and service improvement.

7. Privacy policy and personal data protection

Consult Privacy and Data Protection Policy.

8. Notification of illicit and inappropriate activities

In the event that the User becomes aware that illicit, harmful, denigrating, violent, or content contrary to morality or public order, or that linked sites redirect to pages displaying or linking to other pages with such content, are displayed on the Website, they should contact NUBESIS at the email address indicated at the beginning of this document, identifying themselves sufficiently if necessary and describing the facts they consider illicit or inappropriate. In cases where a User is infringing the rights of a third party on the Website, the interested party must contact the relevant authorities so that they can notify NUBESIS of the fact, enabling NUBESIS to obtain the effective knowledge required by law that the activity or stored information is illicit or infringes goods or rights of a third party susceptible to compensation. Additionally, the interested party may contact NUBESIS, notifying the fact and the reasons why they consider their rights to have been infringed, providing in any case the titles they deem pertinent.

9. Applicable regulations and competent Jurisdiction

The parties agree to submit to Spanish law and the Courts and Tribunals of Valencia capital for the resolution of any controversy, conflict or claim arising from these LGCU, as this is the place where the contract was concluded, expressly waiving any other legislation and jurisdiction that may correspond to them. In the event that a competent Court rules that any of the provisions contained in these LGCU is unlawful, void, unenforceable or inapplicable, the User expressly accepts that the remaining non-excluded provisions will not be modified, and will remain in full force and effect, with all their consequences. NUBESIS undertakes to redraft, as quickly as reasonably possible, those clauses that have been annulled or declared void.

TERMS OF ADHESION FOR CLIENTS
1. Identification of the parties

These General Terms of Adhesion for Clients (hereinafter, GTC) apply to the legal relationship established when a natural person requests an appointment or becomes a Client of the services offered by the Companies, provided through the Bookitit online booking widget (hereinafter, the Widget). They complement the provisions of the Website Terms of Use and the Privacy Policy, and have been established, on the one hand, by the commercial entity NUBESIS, S.L. (hereinafter, NUBESIS). On the other hand, the user, visitor or client of the Company offering online booking or other services through Bookitit (hereinafter, the Client) accepts these conditions, in addition to those established by each Company in the specific conditions of its Widget.

2. Justification

NUBESIS, in compliance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and Directive 2002/65/EC of the European Parliament and of the Council, of September 23, concerning the distance marketing of consumer financial services, and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, as well as the remaining applicable legislation, has established the following GTC as a Client for the services offered on the Website. Adherence to the Website implies the full and unreserved acceptance of each and every one of the following general conditions of adhesion.

3. Purpose

These GTC aim to provide the services offered in the Widget to the Client, without any consideration from the Client to NUBESIS.

4. Capacity to contract

In accordance with applicable law, to adhere as a Client to the service offered in the Widget, the Client must have the necessary legal capacity to contract as established by the law of their country of nationality. In Spain, this age will be 18 years. If the Client acts on behalf of a legal entity, by accepting these General Contracting Conditions, they declare that they have the necessary powers of representation.

5. Language

The working language will in all cases be Spanish.

6. Description of Services provided on the Website

To schedule an appointment with one of the Centers registered on the Website, the Client must first interactively complete the mandatory fields of the adhesion form, which may vary depending on the needs of each Center to offer its services; after submission and optional verification by the Center, the Client will be referred to as a Center Client for the purposes of the Website. To access the service offered by bookitit.com, it may be necessary for the Client to use a Client name and password (hereinafter, the “Access Keys”). The Client will receive the Access Keys as part of the registration process, and the sole criterion used for this purpose is the absence of previous Access Keys that are identical to those chosen by the Client. Nevertheless, NUBESIS may unilaterally, at any time and without prior notice, modify, suspend or revoke the Access Keys initially assigned, if this is necessary to ensure the protection of Client data or for technical or maintenance reasons, proceeding to communicate it to the Client afterwards. The client may request an appointment through the company’s Widget with which they wish to request the appointment, the services they wish to receive, and follow the steps indicated in each case to confirm it. The company may generate and notify the Client with a username and access password or generate a record with their data for offline use. The Company is solely responsible for processing the client’s personal data. At the end of this process, the Website may remind the Client of their appointment details via e-mail or SMS, and the Client may cancel it by following the steps indicated in each case. The relationship that arises between the Client and the Center due to the appointment request is external to NUBESIS and the Website, these being mere technical intermediaries. NUBESIS will ensure that the service offered through the Website is provided continuously and under normal conditions. However, the Client expressly accepts and consents that the service provided by NUBESIS through the Website may be provided intermittently due to technical maintenance, system failures, or any other reason that temporarily prevents, hinders, or slows down access to it or its normal use, and therefore no liability can be derived for NUBESIS.

7. Prices and distribution of responsibility

The services offered by NUBESIS through the Website to the Client are free for the Client. However, the services offered on the Website by the Centers will generally not be free; that is: the services offered by the Centers that advertise, promote, or host their offers and content through the Widget will stipulate their own service fees. The Client must adhere to what they agree upon with the Center or what the Center has pre-established. NUBESIS is unaware of and unrelated to the rates, prices, and fees under which the Centers provide their services, or the form of payment or billing that is agreed upon or applicable. The services provided by NUBESIS through the Website are solely those of a technical intermediary and are offered “as is” to connect the Client with the Center. NUBESIS assumes no responsibility for the pre-contractual or contractual legal relationship that may arise between the Client and the Center. NUBESIS will always try to verify the data that the Centers publish about themselves on the Website; however, it cannot guarantee their veracity or accuracy and therefore is not responsible for them or for the offers, information, or any other data published or indicated by the Centers.

8. Cancellations by the client

The client may cancel the requested appointment, for both justified and unjustified reasons, at any time by following the instructions and steps for appointment cancellation specified in the Center’s Widget or Website, and must reliably verify that the appointment has been canceled and annulled from their profile. If the Client does not show up for the appointment, without having previously canceled it properly, as indicated in the previous paragraph, they may be admonished by the Center or face temporary inability to request appointments at the Center. The Center may proceed with the definitive cancellation of the Client’s account, as well as the deletion of their personal data and the blocking of their Client name, with prior notice by email.

9. Cancellations and changes by the Centers

In the event that the Client has requested an appointment with a Center and the Center cannot fulfill it, the Center is obliged to notify the Client of the appointment cancellation by e-mail or the method the Client has designated for this type of communications (telephone, sms…).

10. Validity of these Conditions and contract termination

These GTC will be incorporated into the Service Lease Agreement signed with NUBESIS at the moment the Client provides their consent, which will be understood as provided upon clicking the corresponding button in the adhesion form. Being an electronic contract, the signing of this contract will be replaced by the acceptance of these general conditions as stated in the previous paragraph. This agreement will have an indefinite duration, and may be terminated for the general causes of Law and, at any time, by the mere unilateral will of the parties, without any prior notice being necessary for this purpose. None of the causes for termination of the contract will give rise to any compensation or indemnity for either party.

11. Incidents and complaints

Should the Client wish to report an incident or file a complaint, they may do so by writing to the Center where they made or wish to make an appointment.

12. Contract retention

If the client wishes to retain a copy of this document, they should print it at the time of contracting. NUBESIS will endeavor to keep a copy of each version of this contract, electronically signed and associated with its corresponding publication date; these electronically signed copies are available to clients upon request by writing to the email address indicated in the first clause of these GTC.

13. Data Protection

NUBESIS undertakes to process your data diligently and in accordance with Spanish legislation. However, NUBESIS is a data processor, and the data owner is the Center where the appointment is requested. You can exercise your rights of access, rectification, cancellation, and opposition by writing to the Center where the appointment was made and following the instructions stipulated in the Privacy Policy conditions established in the Widget. Before proceeding, please carefully read the Website’s Privacy and Data Protection Policy.

14. Access to services through the Website

Adherence as a User to the Website will also be governed by the clauses and stipulations of the Website’s Terms of Use. Please read them carefully before proceeding.

15. Applicable law and jurisdiction

The parties acknowledge that the applicable legislation for this contract, and for all legal relationships arising therefrom, will be Spanish law, by express application of the provisions of Article 1.262 of the Civil Code, in relation to the provisions of Chapter IV, of the Preliminary Title of the same legal body. Likewise, both parties declare that this contract is not subject to the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980, as it does not involve commercial operations. The parties agree to submit to the Courts and Tribunals of Valencia for the resolution of any controversy, conflict or claim arising from this contract, as this is the place where the contract was concluded, expressly waiving any other jurisdiction that may correspond to them.

17. Refund policy

No refunds.

TERMS OF ADHESION FOR COMPANIES
1. Identification of the parties

These General Terms of Adhesion for Companies (hereinafter, GTAC) apply to the legal relationship established when a legal entity or a self-employed individual (hereinafter, Center) requests to be a Client of the business services provided through the Bookitit service (hereinafter, the Website). They complement the provisions of the Website Terms of Use and the Privacy Policy, and have been established, on the one hand, by the commercial entity NUBESIS, S.L. (hereinafter, NUBESIS). On the other hand, the Center accepts these conditions.

2. Justification

NUBESIS, in compliance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and Directive 2002/65/EC of the European Parliament and of the Council, of September 23, concerning the distance marketing of consumer financial services, and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, as well as the remaining applicable legislation, has established the following GTAC as a Client for the services offered on the Website. Adherence to the Website implies the full and unreserved acceptance of each and every one of the following general conditions of adhesion.

3. Purpose

These GTAC aim to provide the services of the basic version for businesses offered on the Website to the Center, without any consideration from the Center to NUBESIS.

4. Capacity to contract

In accordance with applicable law, to adhere as a Company to the service offered on the Website, the Center must be self-employed or a natural person. The natural person registering the Center, by accepting these General Contracting Conditions, declares that they have the necessary powers of representation.

5. Language

The working language will in all cases be Spanish.

6. Description of Services provided on the Website

Through the Website, NUBESIS offers businesses an internet platform to provide services and schedule appointments for clients and potential clients. The Website provides the following services to businesses, all of which are temporary usage licenses for the duration of the contract, and in no case involve the transfer or assignment of rights beyond what is strictly necessary for their mere use on the Internet and solely through the Website:

  • A license to use the software available on the Website pages to organize their calendar.
  • An appointment schedule.
  • A schedule center to create, modify, and delete schedules.
  • A Company Schedule Configuration area.
  • An area to define holidays for each of the company’s resources.
  • An area to block certain days and prevent reservations or appointments from being made on days determined by the company.
  • An area to include services provided by the company and make them available to Clients.

Likewise, NUBESIS provides the Center with a license to use a booking Widget, understood as an interface integrable into any HTML page or system from which Clients can view availability, make reservations or appointments, and pay for services where requested. From the moment the Center publishes its service offering, it enters into a contractual relationship with any Client who views it, as this constitutes the initial part of a contract between the parties: the offer, making it possible for the Client to perform the act of acceptance from that moment, with both becoming contractually bound. Once the Client has requested an appointment, the responsibility for it and towards the client will solely lie with the Center.

7. Prices and distribution of responsibility

The paid services for Companies offered by NUBESIS through the Website to the Center are not free. Their contracting will be done through a separate document from this one. The services offered by the Centers that advertise, promote, or host their offers and content on the Website will stipulate their own service fees. NUBESIS is unaware of and unrelated to the rates, prices, and fees under which the Centers provide their services, or the form of payment or billing that is agreed upon or applicable. The services provided by NUBESIS through the Website are solely those of a technical intermediary and are offered “as is” to connect the Center with the Client. NUBESIS assumes no responsibility for the pre-contractual or contractual legal relationship that may arise between the Center and the Client. NUBESIS will always try to verify the data that the Centers publish about themselves on the Website; however, it cannot guarantee their veracity or accuracy, so the Center is, in this regard, solely responsible. NUBESIS reserves the right to cancel an account, whether it is a trial or commercial account, if it detects fraudulent use of it or if it detects that payment for the service usage fee is being attempted through the creation of successive trial accounts with the same purpose and/or objectives. The Center is solely and fully responsible to the Client for all direct or indirect interaction it maintains or offers to the Client. By accepting these GTAC, the Center undertakes to provide, indicate, and publish only truthful, clear, complete, and accurate information and data that does not mislead the client and that in all cases respects Spanish legislation as well as that of the Center’s country. Likewise, the Center undertakes to offer and promote its offers and services under the same aforementioned conditions; and to adequately provide its services to clients with whom it contacts through the Website. The Center will diligently respond to the Client for all causes of contractual and non-contractual non-compliance that occur in its relationship with the Client, expressly exempting the Website and NUBESIS from responsibility. The Center expressly accepts what is indicated in the Website Terms of Use and, in particular, everything related to the exemption from liability of NUBESIS and the Website for failures or deficiencies in the access or operation of the Website. The relationship that arises between the Client and the Center due to the appointment request is external to NUBESIS and the Website, these being mere technical intermediaries. NUBESIS will ensure that the service offered through the Website is provided continuously and under normal conditions. However, the Center expressly accepts and consents that the service provided by NUBESIS through the Website may be provided intermittently due to technical maintenance, system failures, or any other reason that temporarily prevents, hinders, or slows down access to it or its normal use, and therefore no liability can be derived for NUBESIS. The Center has the obligation to inform NUBESIS immediately by email or phone about any change in personal name, company name, address, bank details, or legal data.

Bookitit reserves the right to block an account if there is any pending payment and it has been claimed on several occasions without obtaining a response and/or receiving the owed payment. Even if there is a valid annual license that has been paid, if any other amount is owed, the account could be disabled until payment is received without the Center being able to receive any compensation in this regard.

NUBESIS reserves the right to apply administrative fees to invoices issued to centers. These administrative fees may be caused, for example, by the Center requesting changes to already issued invoices, by managing invoices through invoicing/purchasing platforms, or any other associated procedure that involves administrative time.

Regarding the Stripe payment gateway, in order to maintain the development and updating of said integration, new connected accounts will have a transaction fee of 1% of the value of the transaction with a minimum of €0.15. This fee will be deducted directly from the transaction by Stripe.

8. Cancellations by the Client

The Client may cancel the requested appointment, for both justified and unjustified reasons, at any time by following the instructions and steps for appointment cancellation specified on the Center’s Website, and must reliably verify that the appointment has been canceled and annulled from their profile. If the Client does not show up for the appointment, without having previously canceled it properly, as indicated in the previous paragraph, they may be admonished by the Center. This could result in the Client being temporarily unable to request appointments at that Center or could lead to the definitive cancellation of the Client’s account, as well as the deletion of their personal data and the blocking of their Client name.

9. Service Renewal and Cancellation

The contracting of NUBESIS services, both in its monthly and annual payment modalities, is carried out under an automatic renewal system. The payment corresponding to each subscription period will be charged recurrently to the payment method that the Center has provided, unless the Center notifies its desire not to renew the license.

To deactivate automatic renewal, the Center must send a written request with the following minimum notice, depending on the payment method:

  • Card payments: Five (5) days in advance of the expiration date of their current subscription period.
  • Other payment methods: Thirty (30) days in advance of the expiration date of their current subscription period.

This request must be sent to the email address info@bookitit.com or through the channel that NUBESIS has enabled for such purposes. Failure to notify within the established period will imply the automatic renewal of the service for a new period. Once the service has been automatically renewed, no refund can be requested. In the exceptional event that a refund is authorized, it will incur administrative costs with a minimum amount of €10 + VAT.

10. Cancellations by the Center

In the event that the Client has requested an appointment with a Center and the Center cannot fulfill it, the Center is obliged to notify the Client of the appointment cancellation via the web, by e-mail, or through the method the Client has designated for this type of communications (telephone, sms…).

11. Validity of these Conditions and Contract Termination

These GTAC will be incorporated into the Service Lease Agreement signed with NUBESIS at the moment the Center’s representative provides their consent, which will be understood as provided by clicking the corresponding button in the adhesion form. As this is an electronic contract, the signing of this contract will be replaced by the acceptance of these general conditions as stated in the previous paragraph. This agreement will have an indefinite duration, and may be terminated for the general causes of Law and, at any time, by the mere unilateral will of the parties, without any prior notice being necessary for this purpose. None of the causes for termination of the contract will give rise to any compensation or indemnity for either party.

12. Incidents and Complaints

Should the Center wish to report an incident or file a complaint, they may do so by writing to the email address indicated in the first clause of these GTAC or to the support email soporte@bookitit.com.

13. Contract Retention

If the Center wishes to retain a copy of this document, they should print it at the time of contracting. NUBESIS will endeavor to keep a copy of each version of this contract, electronically signed and associated with its corresponding publication date; these electronically signed copies are available to Centers upon request by writing to the email address indicated in the first clause of these GTAC.

14. Data Protection

NUBESIS undertakes to diligently process the data of the Center’s responsible person and to process them in accordance with Spanish legislation. The data of the company representative will be incorporated into an automated file owned by NUBESIS, S.L., registered in the General Register of the AEPD, in order to comply with the contract in the terms described and to inform you about activities and services of NUBESIS, S.L. You can exercise your rights of access, rectification, cancellation and opposition by writing to datospersonales@bookitit.com. The Center undertakes to treat Client data with due diligence, attending to and adopting, at a minimum, all security measures and obligations stipulated in Spanish personal data protection legislation. Likewise, the Center contractually commits to NUBESIS to process and use the Client data obtained through the Website only for receiving them in their respective professional premises, by videoconference, and providing them with the service in question, necessarily requiring the client’s authorization for any other purpose or processing they wish to perform. Before continuing, please read the Website’s Privacy and Data Protection Policy carefully.

15. Access to services through the Website

Adherence as a Company to the Website will also be governed by the clauses and stipulations of the Website’s Terms of Use. Please read them carefully before proceeding.

16. Applicable Legislation and Jurisdiction

The parties acknowledge that the applicable legislation for this contract, and for all legal relationships arising therefrom, will be Spanish law. The parties agree to submit to the Courts and Tribunals of Valencia for the resolution of any controversy, conflict or claim arising from this contract, as this is the place where the contract was concluded, expressly waiving any other jurisdiction that may correspond to them.

17. Refund Policy

No refunds.