Terms and Conditions of Use

1. Introduction and Acceptance

Welcome to Reserva de Hamacas (hereinafter "the Service", "we" or "our platform"). These Terms and Conditions (hereinafter "the Terms") constitute a legally binding agreement between you (hereinafter "User", "Client" or "you") and Reserva de Hamacas.

By accessing, registering or using our service, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you should not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or notification in the dashboard. Continued use after changes constitutes your acceptance of the new terms.

2. Definitions

• "Service": The SaaS platform Reserva de Hamacas, including dashboard, embeddable widget, API and documentation
• "Client": Legal entity or individual who registers to use the Service for their business
• "End User": Person who makes a reservation through the Client's widget
• "Account": The Client's profile and settings on our platform
• "Client Content": Data, configurations, images and content uploaded by the Client
• "Trial Period": Free 14-day period to evaluate the Service
• "Plan": Subscription level chosen by the Client (Trial, Basic, Professional, Enterprise)

3. Registration and Account

3.1. Eligibility

To use the Service you must:

• Be at least 18 years of age
• Have legal capacity to enter into binding contracts
• Not have been previously suspended or blocked from the Service
• Provide truthful, accurate and complete information during registration

3.2. Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur on your account
• Notifying us immediately if you detect unauthorized use
• Using strong passwords and preferably enabling two-factor authentication (2FA)

We do not share responsibility for losses arising from unauthorized use of your account.

3.3. Accuracy of Information

You must provide accurate and up-to-date information. We reserve the right to suspend or cancel accounts with false, misleading or fraudulent information.

4. Description of the Service

4.1. Main Features

The Service provides tools to:

• Manage beach or pool zones and sunbeds
• Create visual interactive maps
• Manage reservations and availability in real time
• Integrate an embeddable widget on your website
• Process end customer payments (Stripe, Redsys)
• Generate reports and statistics
• Manage multiple users and permissions
• Integrations with hotel PMS systems (according to plan)

4.2. Service Modifications

We reserve the right to modify, suspend or discontinue any aspect of the Service with or without prior notice. We are not liable to you or third parties for modifications, suspension or discontinuation of the Service.

4.3. Availability

We strive to maintain 99.9% uptime, but we do not guarantee that the Service will be available uninterrupted. Interruptions may occur due to:

• Scheduled maintenance (notified in advance)
• Emergency maintenance
• Technical or infrastructure failures
• Force majeure events

5. Plans, Pricing and Billing

5.1. Trial Period

We offer a free 14-day trial period. During this period, you have access to limited features of the Basic plan. No credit card is required for the trial period. Upon completion, the account is automatically deactivated unless you upgrade to a paid plan.

5.2. Subscription Plans

We offer different plans with varying features and limits. Current prices are available at /planes.

5.3. Billing and Payments

• Frequency: Subscriptions are billed monthly or annually according to your choice
• Automatic renewal: Your subscription automatically renews at the end of each period
• Payment methods: We accept credit/debit cards via Stripe
• Currency: Prices in EUR (euros). Other currencies may be available
• Taxes: You are responsible for all applicable taxes. We will invoice them when legally required

5.4. Payment Failures

If your payment fails:

1. We will try to charge again in 3, 5 and 7 days
2. We will notify you by email on each attempt
3. After the third failure, your account will be suspended
4. After 30 days of suspension, we may delete your account and data

5.5. Plan Changes

• Upgrade: You can upgrade your plan at any time. It will be applied prorated immediately
• Downgrade: You can downgrade your plan. The change will apply at the start of the next billing cycle
• Limits: If you exceed your plan limits, we will ask you to upgrade or reduce usage

5.6. Price Changes

We reserve the right to modify prices with 30 days notice. Price changes do not affect your current billing cycle. If you do not accept the new prices, you can cancel your subscription before they take effect.

6. Cancellation and Refunds

6.1. Cancellation by You

You can cancel your subscription at any time from your dashboard:

• Cancellation is effective at the end of the current billing period
• No additional periods are billed after cancellation
• You retain access to the Service until the end of the paid period
• Your data is kept for 90 days to allow reactivation
• After 90 days, we permanently delete your data (except legally required records)

6.2. Cancellation by Us

We may cancel your account if:

• You breach these Terms
• You engage in fraudulent or illegal activities
• Your account remains inactive for more than 12 months
• Repeated payment failures
• Use that compromises the security or stability of the Service

We will notify you 14 days in advance except in cases of fraud, abuse or security risk.

6.3. Refund Policy

7. Acceptable Use Policy

7.1. Prohibited Uses

You may NOT use the Service for:

• Illegal, fraudulent or deceptive activities
• Violating third-party intellectual property rights
• Distributing malware, viruses or malicious code
• Conducting denial of service attacks (DDoS)
• Attempting unauthorized access to systems or accounts of other users
• Extracting or copying content through automated scraping
• Reselling or subletting the Service without written authorization
• Reverse engineering the software
• Publishing offensive, defamatory or hate-inciting content
• Sending spam or unsolicited mass communications

7.2. Fair Use Limits

While we do not strictly limit certain metrics, we reserve the right to apply reasonable limits to prevent abuse:

• API requests: Maximum 1000 req/min per account (configurable by plan)
• Storage: Reasonable use according to plan (we will notify you if you exceed limits)
• Bandwidth: Reasonable use; extreme excesses may require upgrade

7.3. Consequences of Non-Compliance

Non-compliance with this policy may result in:

• Formal warning
• Temporary account suspension
• Immediate cancellation without refund
• Legal action in serious cases

8. Intellectual Property

8.1. Our Property

The Service, including but not limited to:

• Software, source code and algorithms
• Design, user interface and brand
• Logos, images and marketing content
• Technical documentation and guides
• Technology and methods used

...are the exclusive property of Reserva de Hamacas and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable and revocable license to use the Service in accordance with these Terms.

8.2. Your Content

You retain all rights to the content you upload to the Service (Client Content). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process and transmit your Content
• Make backup copies
• Display your Content to your end users according to your configuration
• Create aggregated and anonymous analytics (without individually identifying you)

You are responsible for ensuring that your Content does not infringe third-party rights. We reserve the right to remove content we deem illegal or inappropriate.

8.3. Feedback and Suggestions

If you provide us with ideas, suggestions or feedback, you grant us the perpetual and irrevocable right to use, implement and commercialize those ideas without compensation or attribution.

9. Limitation of Liability and Warranties

9.1. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free availability
• Accuracy or reliability of results

9.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESERVA DE HAMACAS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential or punitive damages
• Loss of profits, revenue, data or use
• Business interruption
• Damages arising from use or inability to use the Service
• Damages caused by third parties (payment processors, PMS providers, etc.)

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID IN THE 12 MONTHS PRIOR TO THE CLAIM, OR €100, WHICHEVER IS GREATER.

9.3. Indemnification

You agree to indemnify and hold harmless Reserva de Hamacas, its directors, employees and affiliates from any claim, damage, loss or expense (including legal fees) arising from:

• Your use of the Service
• Your Content
• Your breach of these Terms
• Your violation of third-party rights

10. Privacy and Data Protection

The processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

In relation to the data of your end users (customers who make reservations), you act as the Data Controller and we act as the Data Processor under GDPR.

You are responsible for obtaining the necessary legal consent from your end users and providing adequate privacy notices. We provide tools to help you comply with GDPR, but the ultimate responsibility lies with you.

11. Dispute Resolution

11.1. Applicable Law

These Terms are governed by the laws of Spain, without regard to conflict of law principles.

11.2. Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of Málaga, Spain, to resolve any dispute related to these Terms.

11.3. Amicable Resolution

Before initiating any legal proceedings, the parties agree to attempt to resolve the dispute in good faith through direct negotiation for a period of 30 days.

12. General Provisions

12.1. Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Reserva de Hamacas and replace all prior agreements.

12.2. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

12.4. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

12.5. Force Majeure

We are not responsible for failures due to causes beyond our reasonable control, including but not limited to natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics, strikes, or telecommunications or internet failures.

13. Contact