1 Provider details

This document governs access to and use of the Bendely service, provided by:

Hereinafter, "Bendel" or "we".

2 Description of the service

Bendely is an online platform available at app.bendely.es and its associated domains that allows service businesses to manage their schedule, set up their services and staff, and let their customers book appointments on their own.

The service is intended exclusively for companies, self-employed people and professionals who subscribe to it for use in their business activity (hereinafter, the "Business" or the "Customer"). The Business's end customers (the people who book appointments) are not party to this contract.

These Terms and Conditions are accepted by ticking the corresponding box when creating the account. If you do not agree with any of them, you will not be able to subscribe to the service.

3 Registration and account

3.1. Access requirements

To register with Bendely you must be over 18, have the capacity to enter into contracts and act on behalf of a company or as a self-employed person or professional. The service is not available to consumers or for private purposes.

3.2. Accuracy of information

The Customer undertakes to provide true, complete and up-to-date information when registering and throughout the contractual relationship. Bendel is not liable for any damage resulting from incorrect or outdated information provided by the Customer.

3.3. Staff accounts

Depending on the plan, the Business may create login accounts for its staff. These accounts have no additional cost for staff. The Business is responsible for how its staff use the platform and for keeping their credentials secure.

3.4. Account security

The Customer is responsible for keeping its login credentials confidential and for all actions carried out from its account. Any unauthorised use must be reported immediately to contacto@bendely.es.

3.5. Electronic contract

The contract is concluded electronically and in Spanish when the acceptance box is ticked and sign-up is completed. Bendel keeps the date and the version accepted, and the current version is always available on this page. As neither party is acting as a consumer, they agree not to apply the pre-contractual information and confirmation obligations in Articles 27 and 28 of the Spanish LSSI that can be excluded by agreement.

4 Plans and prices

4.1. Available plans

Bendely offers several subscription plans with different features and limits. The current plans, with their prices and features, are published on the pricing page at bendely.es, which is the valid reference at all times.

Current prices include a promotional launch discount. Bendel reserves the right to change these prices once the promotional period ends, giving the notice set out in clause 9.

4.2. Free trial

New accounts have free access to the service for 30 calendar days from sign-up, without providing payment details. The trial does not automatically become a paid plan. When it ends, access will be suspended until a plan is purchased. If no plan is purchased within the following 30 calendar days, during which the Customer may request an export of its data, the account will be closed and the data deleted.

4.3. Billing

The subscription is billed monthly in advance. The first charge is made when the paid plan is activated. Subsequent charges are made on the same day of each month.

There is no discount for annual payment. There is no minimum commitment, without prejudice to the cancellation notice in clause 5.2.

4.4. Taxes

Published prices do not include the applicable VAT, which will be added to the invoice in accordance with current regulations.

5 Cancellation and termination

5.1. How to cancel

The Customer may cancel its subscription at any time from the account settings panel or by writing to contacto@bendely.es.

5.2. Notice and effect of cancellation

Cancellation must be notified at least 15 calendar days before the end of the current monthly period. If notified within that time, it takes effect at the end of that period. If notified later, it takes effect at the end of the following monthly period, which will be billed as usual. In both cases, no further charges will be made after that date.

For example, if the current period ends on the 30th and cancellation is notified on the 20th, termination will take effect at the end of the following period.

This notice does not apply when the Customer terminates the contract on the grounds set out in clauses 7.3 and 9, or to switching providers under clause 5.6, which has its own time limits.

5.3. Access after cancellation

The Customer will keep full access to the service until the date on which termination takes effect.

5.4. No pro-rata refunds

Bendel does not make pro-rata refunds for the unused part of a monthly period already billed. The paid month is considered fully used.

5.5. Data after termination

Once termination takes effect, the data of the Business and its customers will be kept for 30 calendar days, during which the Customer may request an export by writing to contacto@bendely.es. After that period, the data will be permanently deleted, except for data that Bendel must keep by law, such as invoices.

5.6. Switching to another provider

Under Regulation (EU) 2023/2854 (Data Act), the Customer may switch to another provider or to its own systems, or request the deletion of its data, by writing to contacto@bendely.es. Bendel will not require more than two months' notice and will not charge for switching.

• Transition: from the date indicated, Bendel will have up to 30 calendar days to complete the switch. During that period it will maintain the service and its security at the plan price and will cooperate to facilitate the switch. If this is not technically feasible within that period, it will notify and justify this within 14 working days and indicate an alternative period of up to seven months.
• Exportable data: in CSV format, data on end customers, appointments, services, staff and schedules, and content uploaded by the Business. This does not include the Bendely software or information protected by Bendel's intellectual property rights or trade secrets.
• End: the contract ends when the switch is completed or, if only deletion is requested, when the notice period ends. The Customer will then have 30 calendar days to retrieve its data, after which it will be deleted.

6 Customer obligations and content

6.1. Use of the service

The Customer undertakes to:

• Use the service in accordance with the law, morality and public order, and only for the purposes described in these Terms.
• Not assign, sublicense or transfer access to the service to third parties without Bendel's express authorisation.
• Not attempt to access other users' systems, data or accounts without authorisation.
• Not use the service to send unsolicited communications (spam) or for advertising purposes without the recipients' consent.
• Inform its end customers about the processing of their personal data in accordance with applicable law, and obtain any necessary consents.
• Notify Bendel immediately of any security incident or misuse of the service it becomes aware of.

6.2. Business content

The Business is solely responsible for the content it publishes on Bendely (name, logo, photos, descriptions, services and prices). It warrants that:

• It holds the necessary rights to that content, including the authorisation of the people who appear in photos.
• The content is true and lawful, and the prices shown to its customers are final prices including taxes.
• It keeps its legal name and a means of contact accessible to its customers.

The Business authorises Bendel, free of charge, on a non-exclusive basis and for the duration of the contract, to host, reproduce and display that content for the sole purpose of providing the service, including the booking page and appointment emails.

6.3. Moderation and illegal content

Bendel does not review content before publication or use automated systems to moderate it. Reports of illegal content are handled through the procedure described in the Legal notice.

Bendel may remove content or restrict an account if the content is illegal or breaches these Terms. It will inform the Business of the decision, the facts and the grounds on which it is based, and the available means of redress, including the courts.

7 Processing of personal data

7.1. Roles

In providing the service, two different roles apply under Regulation (EU) 2016/679 (GDPR):

• Bendel acts as data controller for the Customer's own data (name, email, billing details) needed to manage the contractual relationship.
• Bendel acts as data processor for the data of the Business's end customers (name, phone number, email, notes and appointment history) and its staff (name, photo, schedules and absences) that the Business enters or that is generated when using the service. In this case, the Business is the data controller.

This clause constitutes the data processing agreement required by Article 28 GDPR. Its subject matter is the management of the Business's schedule and bookings, for as long as the Business uses the service. The processing consists of hosting, consulting, communicating to the data subject and deleting the data indicated.

7.2. Bendel's obligations as processor

As data processor, Bendel undertakes to:

• Process the data only on the Business's documented instructions and for the purpose of providing the service.
• Not disclose the data to third parties unless required by law or expressly instructed by the Business.
• Ensure that the people authorised to process the data have committed themselves to confidentiality.
• Apply appropriate technical and organisational measures to ensure the security of the data.
• Delete or return all data to the Business once the service ends, within the period set out in clause 5.5.
• Assist the Business in meeting its obligations regarding data subjects' rights (access, rectification, erasure, portability). If an end customer contacts Bendel, Bendel will forward the request to the Business without delay.
• Notify the Business without undue delay of any personal data breach that may affect it.
• Assist the Business, taking into account the information available, with security, personal data breach notification and impact assessments.
• Inform the Business if it considers that any of its instructions infringes data protection law.
• Make available to the Business the information needed to demonstrate compliance with these obligations and allow reasonable audits it requests, with prior notice.

The servers hosting the data are located in the European Union. Google reCAPTCHA may process technical connection data in the United States, under the EU-U.S. Data Privacy Framework.

7.3. Sub-processors

The Business gives Bendel general authorisation to use the following sub-processors, which are needed to provide the service:

• Microsoft (Microsoft Azure and Microsoft 365): hosting of the application and database in the European Union, and sending emails.
• Google (reCAPTCHA): protecting booking forms against bots and automated submissions.

Bendel imposes on its sub-processors the same data protection obligations it takes on in this clause. Bendel will inform the Business of any change to this list at least 30 days in advance; the Business may object by terminating the contract without penalty before the change takes effect.

7.4. The Business's obligations as controller

The Business is responsible for informing its end customers about the processing of their data, obtaining any consents that may be required and handling requests to exercise their rights. To help with this, Bendely shows the basic data protection information on the booking form on the Business's behalf and links to more detailed information in the privacy information for customers. Bendel accepts no liability if the Business fails to meet these obligations.

7.5. Data export

The Customer may at any time request an export of its end customers' data in CSV format by writing to contacto@bendely.es. Bendel will handle the request within a maximum of 10 working days.

For more information on how Bendel processes personal data, see the Privacy Policy.

7.6. Health data

If the Business provides healthcare or health-related services, such as physiotherapy, appointment data may reveal health information (a special category under Article 9 GDPR). In that case, the Business is responsible for having an appropriate legal basis and for assessing the risks that fall to it. It must also use service names that do not reveal specific diagnoses or treatments, and must not use Bendely as a clinical record or store clinical information in the notes.

7.7. Minors

The Business decides whether and on what terms it serves minors, and must comply with the rules applicable to its services, including age restrictions and parental or guardian authorisation where required.

8 Availability and service level

Bendel will use its best efforts to keep the service continuously available. However, it does not guarantee 100% availability and may interrupt access for maintenance, security reasons or force majeure.

Scheduled maintenance will be announced with reasonable notice. Urgent security maintenance may be carried out without notice.

Bendel will not be liable for damage resulting from service interruptions beyond its reasonable control, including failures of third-party infrastructure, cyberattacks or connectivity outages.

9 Changes to the service and prices

Bendel may change the features, interface and technical conditions of the service to improve its performance, security or usability. Improvements that do not reduce the contracted features do not require notice.

Changes that significantly reduce the features included in the contracted plan, or a price increase outside the usual update mechanism, will be notified at least 30 days in advance. In that case, the Customer may terminate the contract without penalty before the changes take effect.

Ordinary price updates (for example, when the launch period ends) will be notified at least 30 days in advance by email to the address linked to the account. The Customer may terminate the contract without penalty before they apply.

Bendel may change these Terms by giving at least 30 days' notice by email. If the Customer does not agree, it may terminate the contract without penalty before the date of application.

10 Intellectual property

All rights to the software, design, texts, logos and other elements that make up Bendely belong to Bendel Desarrollos, S.L. or its licensors. The subscription contract does not transfer any intellectual property rights to the Customer.

The Customer retains ownership of all data it enters on the platform. Bendel acquires no rights over it beyond those needed to provide the service.

11 Limitation of liability

To the maximum extent permitted by applicable law, Bendel will not be liable for:

• Loss of the Customer's profits, revenue or data arising from the use of, or inability to use, the service.
• Damage caused by misuse of the service by the Customer or its staff.
• Consequences of the Business failing to meet its obligations as data controller.
• Indirect, consequential or unforeseeable damage, even if Bendel had been advised of its possibility.

In any case, Bendel's maximum liability to the Customer will be limited to the amount paid by the Customer during the 3 months before the event giving rise to the claim.

These limitations do not apply in cases of wilful misconduct or gross negligence, or to liabilities that cannot be limited by law, including Bendel's liability to data subjects under Article 82 GDPR.

12 Suspension and termination for breach

Bendel may suspend or terminate access to the service immediately and without compensation in the event of:

• Serious or repeated breach of these Terms by the Customer.
• Non-payment of the subscription after two failed payment attempts, once the period indicated below has passed.
• Use of the service for unlawful or fraudulent activities, or activities that harm third parties.
• Providing false or fraudulent registration details.

In case of non-payment, Bendel will notify the Customer by email and give it 7 working days to settle the situation before suspending the service.

Bendel will notify the reason for suspension or termination by email. Unless prevented by a legal obligation, the Customer will retain its right to export its data under clause 5.5.

13 Governing law and dispute resolution

These Terms are governed by Spanish law. To resolve any dispute arising from their interpretation or performance, the parties submit, waiving any other jurisdiction that may apply, to the Courts and Tribunals of the city of Madrid (Spain).

Before going to court, both parties undertake to try to resolve any disagreement in good faith through direct communication, for a minimum of 30 days from written notice of the dispute.

These Terms are also available in English as a courtesy translation. If there is any discrepancy, the Spanish version prevails.

14 Contact

For any questions about these Terms and Conditions, you can contact us at contacto@bendely.es.