Terms of Service

1. Subject and Parties

These Terms of Service ("Terms") govern the contractual relationship between Guillem Rubio Chacón (Tax ID: 43563759B), responsible for the Aprolio service ("Aprolio" or "Provider"), and the user or company accessing and using that service ("Customer" or "User").

Aprolio is a SaaS platform for project management and client collaboration, accessible at https://aprolio.com.

Accessing or using Aprolio constitutes full and unconditional acceptance of these Terms. If you do not agree with any of the terms, please do not use the service.

2. Registration and Account

• To access the service, the Customer must register by providing a valid agency name, username, email address and password. The Customer warrants that all information provided is truthful, accurate and up to date.
• The Customer is responsible for maintaining the confidentiality of their access credentials and for all activities carried out under their account.
• In the event of unauthorised use of the account, the Customer must immediately notify info.aprolio@gmail.com.
• Aprolio reserves the right to suspend or cancel accounts that violate these Terms, with prior notice except in cases of serious breach.
• Access to the service is reserved for persons over 18 years of age or duly incorporated companies.

3. Plans, Pricing and Billing

Aprolio offers different subscription plans with varying features and usage limits. Current plans and pricing are detailed on the Pricing page.

• Free plan: Aprolio may offer a free plan with reduced features and limits. This plan does not guarantee indefinite availability and may be modified or discontinued with 30 days' notice.
• Paid plans: Paid plans are billed on a recurring basis (monthly or annually) via credit/debit card, processed by Stripe, Inc. Prices include applicable VAT as required by law.
• Plan changes: The Customer may change their plan at any time from their control panel. Changes take effect in the next billing period.
• Automatic renewal: Subscriptions automatically renew at the end of each period unless the Customer cancels before the renewal date.
• Non-payment: In the event of non-payment, Aprolio reserves the right to suspend access to the service until the situation is regularised, and to cancel the account after 30 days of continued non-payment.

4. Cancellation and Refund Policy

• Cancellation: The Customer may cancel their subscription at any time from their account settings. Cancellation takes effect at the end of the current billing period, with no refund for the period already paid.
• Right of withdrawal (consumers): Customers acting as consumers have the right to withdraw from the contract within 14 calendar days of the date of purchase, without giving any reason, unless the service has been fully performed during that period with the consumer's express consent.
• Refund requests: Outside the withdrawal period, no refunds will be issued for periods already billed, unless Aprolio has seriously breached its contractual obligations. Refund requests should be sent to info.aprolio@gmail.com.

5. Acceptable Use

The Customer agrees to use Aprolio only for lawful purposes and in accordance with these Terms. The following are expressly prohibited:

• Using the service for illegal, fraudulent or harmful activities that infringe the rights of third parties.
• Uploading, transmitting or storing illegal, defamatory, obscene or intellectually infringing content.
• Attempting to gain unauthorised access to other users' systems or data within Aprolio.
• Conducting penetration tests, denial-of-service attacks or any activity that could compromise the security or availability of the service.
• Reselling, sublicensing or commercialising access to the service without express written authorisation from Aprolio.
• Removing or modifying copyright notices, trademarks or other ownership indicators within the service.

6. Data Ownership and Licence

• Customer data: The Customer retains full ownership of all data, content and materials they upload or create on the platform ("Customer Data"). Aprolio makes no claim of ownership over such data.
• Licence to Aprolio: The Customer grants Aprolio a non-exclusive, limited and revocable licence to process their data solely to the extent necessary to provide the contracted service.
• Data export: The Customer may export their data at any time from their control panel. After account cancellation, data will be available for export for 90 days, after which it will be permanently deleted.
• Aprolio intellectual property: The software, interfaces, designs, documentation and all other elements comprising the Aprolio service are the property of Guillem Rubio Chacón and are protected by intellectual property law. These Terms do not transfer any ownership rights to the Customer.

7. Service Availability

Aprolio aims to maintain platform availability with a target of 99% monthly uptime, excluding scheduled maintenance (notified at least 24 hours in advance) and force majeure events. This target is indicative only and does not constitute a binding service level agreement (SLA).

Aprolio does not guarantee that the service will be free from errors, interruptions, viruses or data loss. The service may be temporarily unavailable for reasons beyond Aprolio's reasonable control, including failures of cloud infrastructure providers (Firebase/Google Cloud), denial-of-service attacks, power or telecommunications outages, or emergency system updates.

Aprolio shall not be liable for any damages arising from any interruption or degradation of the service. For any incident, please contact info.aprolio@gmail.com.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• Disclaimer of warranties: The service is provided "as is" and "as available". Aprolio makes no warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or freedom from errors.
• Exclusion of damages: Aprolio shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, loss of revenue, loss or corruption of data, loss of goodwill, cost of substitute services, reputational harm or loss of business opportunity, even if Aprolio has been advised of the possibility of such damages.
• Third-party exclusion: Aprolio shall not be liable for the acts, omissions, content, products or services of third parties, including infrastructure providers (Firebase, Google Cloud, Stripe), email providers or any external integrations over which Aprolio has no operational control.
• Customer use exclusion: Aprolio shall not be liable for damages resulting from misuse of the service, user error, unauthorised access to the Customer's account due to the Customer's own negligence (compromised, shared or weak password), or the Customer's failure to fulfil its obligations under these Terms.
• Force majeure: Aprolio shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, armed conflict, pandemics, acts of public authorities, telecommunications outages or cyberattacks.
• Liability cap: Aprolio's total cumulative liability to the Customer for all claims arising under these Terms, regardless of their cause or nature, shall not exceed the greater of: (i) the amount paid by the Customer in the 3 months immediately preceding the event giving rise to the claim, or (ii) €100 if the Customer uses the free plan or has been a paying customer for fewer than 3 months.
• Customer indemnification: The Customer agrees to indemnify, defend and hold harmless Aprolio, its collaborators and representatives from and against any claims, damages, losses or expenses (including reasonable legal fees) arising from the Customer's breach of these Terms, misuse of the service or infringement of third-party rights.

These limitations do not apply in cases of wilful misconduct or gross negligence solely attributable to Aprolio, or where Spanish or EU law expressly prohibits the exclusion or limitation of liability (including liability for death or personal injury caused by negligence, or for fraudulent misrepresentation).

9. Modifications

• Service modifications: Aprolio reserves the right to modify, update or discontinue service features. Significant modifications will be communicated with at least 30 days' notice.
• Terms modifications: Aprolio may modify these Terms at any time. Changes will be communicated to the registered email address and/or via a notice on the platform at least 15 days before they take effect. Continued use of the service after that date constitutes acceptance of the new Terms.

10. Applicable Law and Dispute Resolution

These Terms are governed by Spanish law. For the resolution of disputes, the parties submit to the competent courts in accordance with applicable law, without prejudice to the rights of Customers acting as consumers under consumer protection legislation.

EU consumers may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.

11. Contact

For any queries regarding these Terms, please contact us at info.aprolio@gmail.com.