GENERAL TERMS AND CONDITIONS
The platform accessible through the app.amenitiz.io domain name (the “Site”) is provided by Amenitiz Solutions, S.L., a limited liability company, with registered office at Plaza de Urquinaona 4, first floor, (08010) Barcelona and holder of Tax Identification Number B-67.096.750 (hereinafter, “Amenitiz Solutions”).
The following general terms and conditions (the “General Terms and Conditions” or the “T&C”) regulate the relationship between Amenitiz Solutions and the user who contracts any of the services or products marketed by Amenitiz Solutions.
- Acceptance of the General Terms and Conditions
In order to contract the Services and any of the Complementary Services (as described in these T&C), when creating an account under Site, the User must accept these General Terms and Conditions.
For clarification purposes, the “User” shall mean any person using the Platform by creating an Account (as described below), including each Subscriber and Team Member.
Amenitiz Solutions reserves the right to complete, modify and update these General Terms and Conditions at any time. Any modification of the present Terms and Conditions shall be communicated to the User at least fifteen (15) days in advance. If the User does not agree with the new General Terms and Conditions, they shall give written notice to Amenitiz Solutions no later than five (5) days prior to the date on which such modifications come into force, communicating those clauses whose modification they do not agree with. In this case, Amenitiz Solutions will provide the User with the necessary explanations to justify the proposed modification to the current General Terms and Conditions and, if the User still does not agree, those General Terms and Conditions accepted by the User shall remain in force and shall apply to the contractual relationship between Amenitiz Solutions and the User, without modification, until the next renewal date of the subscription. Otherwise, in the event that the User does not communicate to Amenitiz Solutions its disagreement with the new General Terms and Conditions within the above-mentioned terms, it will be understood that the User accepts the modifications communicated by Amenitiz Solutions.
Amenitiz Solutions assists accommodation and hospitality professionals by offering them a digital platform hosted in the cloud on a Software as a Service (SaaS) basis that includes web and mobile sites available at https://app.amenitiz.io (the “Platform”) and that allows them to, among others, create and/or manage and administer their hospitality business in a fun way and without specific information technology (IT) or graphic design skills.
Amenitiz Solutions offers Users different plans (the “Plans”) that give Subscribers access to all or some of the Amenitiz Solutions Services.
For this purpose, the services included in the different Plans offered by Amenitiz are the following:
- As a subscriber of our Property Management System, you can efficiently manage various aspects of your property operations. It serves as a central hub for managing reservations, guest information, room availability, rates and pricing, housekeeping, billing and invoicing, reporting, and other administrative tasks, streamlining operations, improving guest experiences, and helping to effectively oversee and optimise your properties‘ day-to-day activities.
- As a Subscriber of our Website Builder, you can create and design your website without the need for extensive coding or technical expertise. It provides a user-friendly interface with drag-and-drop functionality, pre-designed templates, and customisable elements, allowing you to visually create and customise the layout, design, and content of your website.
- As a subscriber of our Channel Manager, you can manage and distribute your inventory and rates across multiple online distribution channels. It provides a centralised platform to update and synchronise your room availability, rates, and restrictions in real time across various online travel agencies (OTAs), global distribution systems (GDS), metasearch engines, and other booking platforms. By automating the distribution process, our Channel Manager System helps to prevent overbookings, maximise occupancy rates, and streamline the management of online bookings from different sources, ultimately improving efficiency and revenue for your property.
- As a subscriber of our Booking Engine, you can easily manage online reservations and bookings. Integrated into your company’s website or mobile application, allowing guests to book accommodations, services, or activities online directly. The booking engine system provides real-time availability information, pricing details, and a secure payment gateway for guests to complete their bookings. It automates the reservation process, enabling guests to search for available options, select their desired dates, make payments, and receive booking confirmations instantly. The system also allows you to manage and track bookings, generate reports, and streamline your operations, resulting in improved guest experience and increased revenue opportunities.
(hereinafter, the “Services” or the “Amenitiz Solutions Services”)
By virtue of the above, the Subscriber is solely responsible for the commercial and financial management of the Subscriber’s Website and property. Likewise, Amenitiz Solutions does not guarantee the commercial profitability of the Subscriber’s Website or a minimum number of visits, and therefore it shall not be held liable in this respect.
In order to make its services known, Amenitiz Solutions offers a product demonstration, consisting of a presentation or showcase that a sales team member conducts to potential subscribers, to provide a firsthand experience of Amenitiz products, showcasing its features, functionalities, and benefits (the “Demo”). Once the Demo with the Amenitiz Solutions sales team is completed, the User can subscribe to the Services and start using the Platform. Otherwise, the User will not be able to access the Services or the Platform.
Additionally, Amenitiz Solutions makes available to new users the option of a trial period whereby the Subscriber may access the Services and the Amenitiz Platform free of charge for a limited period of time of 14 days (the “Trial Period”).
However, the Demo and the Trial Period are exclusive, i.e., if the User requests and carries out a Demo, there will be no Trial Period option and vice-versa.
- Account creation
In order to access the Services, Users will need to register and create an account (the “Account”).
4.1 Requirements to create an Account
The Services provided by Amenitiz Solutions are intended only for:
(i) Persons of legal age at the place where they subscribe to or use the Services; and
(ii) The Services offered are only for self-employed professionals or companies in the hospitality industry.
4.2 Creating an Account
To use the Platform and subscribe to the Services, the User needs to register and create an account.. To this end, the User must provide true, current, complete, and accurate information, as requested during the registration process, that refers to itself (the “Login Data”). Users cannot sign up or otherwise create an account with us on behalf of a third party. In the event that the information provided by the User proves to be false, incomplete or outdated, Amenitiz Solutions reserves the right to suspend or terminate the Subscriber’s Account immediately and without the right to compensation.
The Login Data will allow the User to access their Account from which they will be able to create and edit the Subscriber Website. For clarification purposes, the “Subscriber Website” shall mean the website created by the Subscriber from the Platform, while the “User Page” shall mean the personal space to which the Subscriber has access after registration on the Platform.
The User is obliged to keep their Login Data confidential and not to pass them on to third parties. Amenitiz Solutions is obliged to take the necessary measures to prevent any disclosure of the User Login Data. If a third-party gains access to the User Page through the Login Data, it will be able to make all the changes that the User can make, i.e. subscribe to new Services, modify the Account, and the User’s Website.
The User assumes all responsibility for actions taken on their Account, and the User Page.
Amenitiz Solutions considers as the Account holder, the holder of the email address provided during registration.
- Plans and Complementary Services
Amenitiz will provide different plans offering different services within the Services described in Provision 2 of this Terms and Conditions, different functionalities and features and subject to different pricing conditions (the “Plans”). Service’s exact definition and details may vary from time to time, and further and more detailed information on the current features and functionalities of the Service is provided during the signup process and subscription of the chosen Plan.
Additionally the Subscribers will be able to contract the Complementary Services as described below.
5.1 Subscription to the Plans
For the purpose of these Terms and Conditions, the “Subscriber” shall mean any User of the Platform who has access to any of the Amenitiz Services by means of a Subscription.
The Subscriber may subscribe to one of the different Plans described above in these Terms and Conditions. Upon subscription to a Plan, the Subscriber will have access to the relevant Services and upgrades.
The Subscriber may freely change Plan and subscribe at any time to a different Plan than the one for which the Subscriber initially subscribed. In such cases, access to and use of the new Plan is immediate. In the event of a change of Plan, the invoice corresponding to the month in which the change occurs will include the proportional part based on the number of days of the period in which the Services of each Plan have been provided.
5.2 Subscription to the Complementary Services
The Subscriber may hire additional services provided by Amenitiz Solutions (the “Complementary Services”) at the time of selecting a Plan or at a later time. This option will give rise to additional costs, as set out below in provisions 6.1.a) and b).
Upon subscription to the Complementary Services, Amenitiz Solutions will contact the Subscriber by any means of communication provided by the Subscriber to establish the date of execution of these Complementary Services.
5.3 AmenitizPay Service: Terms of subscription
AmenitizPay is a service provided through software, developed by Amenitiz that provides virtual and at PoS payments services, that allow AmenitizPay customers to process collections from their customers at competitive rates (the “AmenitizPay Service”)
The Subscriber acknowledges and accepts that the AmenitizPay Service shall be provided by Amenitiz Solutions based on the integration with a third-party payment service provider, i.e. Stripe. For the collection and payment management requests of the Subscriber’s customers, the Subscriber enters into a service provision contract with Stripe. For further information regarding Stripe services and terms and conditions, please go through the following link Stripe T&C.
In order to subscribe to the AmenitizPay Service, the Subscriber shall fill in a form accessible in the Subscriber Account. Prior to the acceptance of the subscription, Amenitiz Solutions and Stripe will check the data provided for this purpose.
Subscription to the AmenitizPay Service is subject to the Subscriber’s acceptance and obligation to comply with the KYC (Know Your Client) rules and fulfil the tests that Stripe may request.
The Subscriber understands and agrees that the right to use de AmenitizPay Service applies only to hospitality business and related activities made on his own behalf.
Furthermore, the Subscriber is prohibited from selling to third parties, entering into contracts with third parties or allowing third parties to use AmenitizPay to offer and sell services of third parties other than the services for which AmenitizPay is intended.
Further information might be found on the subscription page of AmenitizPay in the following link https://amenitiz.com/en/payments .
(ii) Subscription Term.
AmenitizPay is a volume-based service based on usage, and therefore there is no engagement period linked to this Service, nor will the subscription be renewed automatically. Consequently, the Subscriber may be able to “subscribe” and “unsubscribe” freely to the AmenitizPay Service without incurring any extra cost.
Notwithstanding the above, if the Subscriber has subscribed to any of the Services provided by Amenitiz within Amenitiz Pay that have some minimum compliance period or engagement period, due to specific conditions of the Service itself, the Subscriber before unsubscribing from AmenitizPay Service must give a 15-day prior notice to Amenitiz.
(iii) Price and Payment.
The Subscriber will be charged a flat % and a fixed commission in every transaction, for the use of AmenitizPay Service, based on the monetary amount processed through AmenitizPay.
Collection of commissions and fees shall be deducted from the amount of each transaction. At the beginning of each following month, Amenitiz Solutions will provide the Subscriber with an invoice recapping all the previous month’s transactions and indicating the price charged for the use of AmenitizPay Service.
Notwithstanding the above, the Subscriber will receive a summary of the funds that have been processed every seven working days.
If Amenitiz or the third-party payment service provider, i.e. Stripe, discover at any time that (i) the information provided by the Subscriber is incorrect or has changed without having informed Amenitiz Solutions in advance or (ii) the Subscriber breaches any of these Conditions, the subscription to the AmenitizPay Service may be suspended and/or cancelled with immediate effect. Furthermore, the Subscriber shall be obliged to pay any fines imposed by the credit card systems and/or the authorities because of the unregistered or improper use of the payment services.
Upon termination of the Subscription to the Services provided by Amenitiz, no more payments will be processed through AmenitizPay, including those payments that have been scheduled to be processed in the future with AmentizPay.
Upon completion of the AmenitizPay subscription, the Subscriber shall be able to access the data on the KYC confirmation page and other information provided by the Subscriber during the subscription process.
5.4 SmartPricing Service: Terms of subscription
SmartPricing is a complementary service consisting of a tool developed by Amenitiz that provides price recommendations to the hotelier based on historical reservations of the property as well as competitor’s price positioning and other relevant events, helping the hotelier to maximize its revenues and occupancy (the “SmartPricing Service”).
The Subscriber may hire the SmartPricing Service either when hiring the Amenitiz Services or at a later moment during the Subscription period.
The Subscriber may give access to Amenitiz to certain historical information (e.g. performance). The Subscriber accepts that in case the Subscriber denies access to this information with Amenitiz, the performance of SmartPricing may not be optimal.
Further information might be found on the subscription page of SmartPricing at the following link https://amenitiz.com/en/hotel-dynamic-pricing/ .
(ii) Subscription Term.
The subscription term of SmartPricing will be directly linked to the Subscription of the Amenitiz Services. Notwithstanding the above, in case an already existing Subscriber hires the SmartPricing Service during the Subscription Period, the term will be adjusted to the remaining engagement period of the Amenitiz Services.
Unless the Subscriber wishes to terminate the Subscription under express indications by the Subscriber in accordance with clause 5.4.(iv), upon completion of the first subscription period, the SmartPricing Service subscription shall be tacitly renewed. The Subscriber’s renewal term shall be linked to the payment cycle chosen by the Subscriber for the payment of the Amenitiz Services:
- a) Monthly payment: the renewal of the Subscription shall be for a period of one (1) month from the date of renewal and shall be tacitly renewed on a month-to-month basis.
- b) Annual payment: the renewal of the Subscription shall be for a period of twelve (12) months from the date of renewal and shall be tacitly renewed for successive twelve (12) month periods.
(iii) Price and Payment.
For the use of the SmartPricing Service, the Subscriber will be charged with a fixed fee that shall be indicated when contracting the SmartPricing Service.
The price will be charged with the same periodicity as the invoice for the Amenitiz Services. Therefore, the payment of SmartPricing Service will be directly linked to payment for the Subscription of the Amenitiz Services. Hence, the payment period, billing and method will be the same as the chosen for the Amenitiz Services.
Notwithstanding the above, when a Subscriber hires the SmartPricing Service during the Subscription Period, for the first payment, the Subscriber will receive a separate invoice (for the prorated days until the next subscription cycle) and from that moment will be included in the invoice for the Amenitiz Services.
If Amenitiz discovers at any time that (i) the information provided by the Subscriber, for the purpose of providing the SmartPricing Service, is incorrect or has changed without having informed Amenitiz Solutions in advance or (ii) the Subscriber breaches any of these Conditions, the subscription to the SmartPricing Service may be suspended and/or cancelled with immediate effect.
The Subscriber may unsubscribe from the SmartPricing Service without prior notice. In any case, the SmartPricing Service minimum term will be linked to either (i) the engagement period of the Amenitiz Services, (ii) or, if the engagement period has already elapsed, to the chosen payment cycle, i.e. monthly or yearly. Consequently, if the Subscriber decides to terminate the subscription of the SmartPricing Service, the subscription will last until the end of the length of the engagement period or the chosen payment period.
5.5 Management of the domain name: terms of subscription
The Subscriber may entrust Amenitiz with the management of its domain name for the provision of the Services or, in the event that the Subscriber does not have one, to ask Amenitiz to register a new domain name (the “Domain Name Services”).
(ii) License agreement
For the provision of the Domain Name Services, the Subscriber agrees to grant to Amenitiz a worldwide, exclusive, royalty-free license to use its domain name for any purpose consistent with the Services contracted and for the term for which the Domain Name Services are in force.
Upon contracting the Domain Name Services, the Subscriber acknowledges that it is the legal owner of the domain name and is solely responsible for its use. The Subscriber shall be required to provide Amenitiz with accurate and reliable contact information and must promptly inform of any changes to the Subscriber contact details. Public Whois records will show Subscriber Name as the domain registrant and may also show its business name.
The Subscriber agrees that by registration of its chosen domain name, such registration does not confer immunity from objection to either the registration or use of such domain name. Amenitiz makes no guarantees, representations or warranties that the Subscriber proposed registration request for a domain name, even if suggested by Amenitiz, will be accepted by the applicable registry or that it will not infringe third party rights. The Subscriber acknowledges and agrees that the proposed registration request for a domain name(s) submitted by Amenitiz, if requested, to any registry may fail or be rejected by the applicable registry for any number of reasons, including, but not limited to, the fact that the proposed registration request for a domain name was not first in time. The Subscriber acknowledges and agrees that the successful registration will depend upon a number of different factors that Amenitiz cannot predict or control. The Subscriber hereby assumes all liability for the domain name chosen, even if suggested by Amenitiz, and acknowledges that in the event that the domain name infringes third party rights or is otherwise prohibited, it may be subject to arbitrary or other legal proceeding even after its registration.
Amenitiz, in its sole discretion, reserves the right to refuse to register a chosen domain name, or to delete the Subscriber chosen domain name.
The Subscriber shall bear all costs or expenses associated with registration or renewal of its domain name.
(iii) Price and Payment
For the use of the Domain Name Services, the Subscriber will be charged with a fixed monthly fee that shall be indicated when contracting the Domain Name Service.
If Amenitiz discovers at any time that the Subscriber breaches any of the conditions for the Domain Name Services, the subscription may be suspended and/or cancelled with immediate effect.
In any case, the Subscriber may unsubscribe from the Domain Name Services without prior notice. Such being the case, the subscription will last until the end of the length of the engagement period or the chosen payment period.
5.6 Support and assistance
Amenitiz Solutions will provide the necessary support and assistance services for the proper functioning of the Platform and the purchased Services through an online chat system available on the Platform or by telephone.
Assistance and support services are available Monday to Friday from 10.00 h to 19.00 h (Barcelona local time).
- Subscription period
The minimum Subscription period shall be twelve (12) months from the date of Subscription, regardless of whether the Subscriber chooses the monthly or annual payment option, as described in the following clause unless stated differently in the commercial offer.
Upon completion of the first year (12 months), the Subscriber may terminate the Subscription, subject to three (3) months prior notice. For this purpose, the Subscriber must contact the Amenitiz Solutions support team at least three (3) months before the date of termination of the Subscription and follow the cancellation process detailed in provision 13 below.
Unless the Subscriber expressly indicates their wishes to terminate the Subscription in accordance with the preceding paragraph, upon completion of the first year (12 months), the Subscription shall be tacitly renewed. The Subscriber’s renewal term shall be linked to the payment method chosen by the Subscriber:
- a) Monthly payment: the renewal of the Subscription shall be for a period of one (1) month from the date of renewal and shall be tacitly renewed on a month-to-month basis.
- b) Annual payment: the renewal of the Subscription shall be for a period of twelve (12) months from the date of renewal and shall be tacitly renewed for successive twelve (12) month periods.
In any case, once the first year (12 months) has been completed and provided that the Subscription has been renewed, whether for a monthly or annual period, the Subscriber will have a permanence period of three (3) months from the termination of the Subscription notice. For these purposes, the notice of cancellation or not non-renewal of the Subscription must, in any case, be made in accordance with the conditions and form of cancellation detailed in provision 13 below.
- Financial terms
The prices of the Services offered by Amenitiz Solutions will always be stated in the commercial offer provided by the Amenitiz Solutions sales team or published on the website.
The prices shown on the Platform exclude VAT.
The services offered by Amenitiz Solutions are intended for professionals.
7.2 Payment options
The Subscriber will have to pay the Subscription fee corresponding to the chosen Plan.
In the subscription process, the Subscriber will have at his disposal and must select the payment term option of the Subscription: monthly or annual payment related to the Plan.
Payment for the Complementary Services is made at the time of subscription to the Complementary Services.
The Subscriber from SEPA countries may pay by credit card or direct debit of invoices to the Subscriber’s designated bank or savings account.
7.3 Payment incidents
If the Subscriber fails to pay all or part of the amounts due or the direct debit is rejected, Amenitiz Solutions will attempt to collect the fee again during the following fifteen (15) calendar days.
In the event that the last payment attempt fails again, Amenitiz Solutions may suspend the Subscription without delay until the amount due is paid. The data uploaded and stored in the Account shall be retained for one (1) year.
All fees, fines, and other penalties applied and applicable by the credit card companies transferred to Amenitiz Solutions and to the Subcontractor shall be borne by the Subscriber and paid by the Subscriber.
Termination of a Subscriber’s Account for non-payment may result in a loss of the data uploaded to the Account. The Subscriber is solely responsible for keeping copies of all items uploaded to the Subscriber Website.
- Obligations of the Subscriber
8.1 General obligations
The Subscriber is obliged to use the Platform and the Services, including, where applicable, the Complementary Services, in accordance with these General Terms and Conditions and applicable law.
The Subscriber warrants that each Team Member and each Guest will comply with these General Terms and Conditions.
For the purpose of this Agreement, “Team Member” shall mean a person authorised by the Subscriber to access all or part of the Subscriber’s Page with its own username and password, and “Guest” shall mean any client of the Subscriber that shall have access to the Subscriber’s Website.
The Subscriber undertakes not to breach the security and integrity of the Platform.
8.2 Obligations relating to Subscriber Content
The Subscriber shall provide and post the Subscriber Content on its Website and shall be solely responsible for the Subscriber Content made available on its Website (the “Subscriber Content”).
Amenitiz Solutions shall in no case be considered as the publisher of the Subscriber’s Website.
The Subscriber is obliged to comply with current legislation and may not make available, disseminate or give access to information, data, documents, services or other items that are unlawful, contrary to legal and/or regulatory provisions, or that may infringe the rights of third parties or violate public order. In particular, the Subscriber is prohibited from making available on the Subscriber Website information or documents that: (i) contain articles or content of a pornographic, defamatory or offensive nature according to law; (ii) infringe anyone’s privacy; (iii) infringe regulations on the protection of personal data; (iv) constitute an infringement of property rights, including intellectual property rights; (iv) constitute an act of piracy; (v) incite racial violence or hatred; (vi) incite the commission of a misdemeanour, felony, crime or act of terrorism or advocate war crimes or crimes against humanity; or (vii) incite suicide.
Furthermore, the Subscriber is prohibited from offering and/or selling any service and/or product that is contrary to applicable laws.
The Subscriber acknowledges that all software, texts, sounds, videos, images, interfaces, screens and other elements of the Platform belong to Amenitiz Solutions or to third parties. Any other form of unauthorised commercial exploitation of the Platform, either directly or indirectly, including telematic networks or on its analogue and digital media, will imply the taking of appropriate legal measures by Amenitiz Solutions or by the holders of the exclusive rights assigned to Amenitiz Solutions.
All signs, symbols, logos, and brands, whether mixed, figurative or nominal, appearing on this website or during the duration of the contractual relationship with the User constitute exclusive rights of Amenitiz Solutions or of third parties whose rights are assigned to Amenitiz Solutions in accordance with the applicable Spanish legislation or by virtue of international conventions for the protection of industrial and/or intellectual property rights.
The Subscriber guarantees to indemnify Amenitiz Solutions against any dispute, appeal or legal action by a third party in this matter.
- The obligations of Amenitiz Solutions
9.1 Continuity of Services
Subject to payment of the price for the Services as stipulated in provision 6, Amenitiz Solutions is obliged to use its best efforts to ensure the continuity of the Services.
In this respect, Amenitiz Solutions is obliged to:
(i) provide the Services, directly or indirectly, with the diligence of a diligent businessman, being, in any case, an obligation of means;
(ii) act loyally towards the Subscriber and provide the Services in accordance with these General Terms and Conditions;
(iii) allocate the necessary human and material resources to the provision of the Services.
Amenitiz Solutions cannot be held responsible for errors and damages resulting from the improper use of the Services by the Subscriber or any Guest.
Amenitiz Solutions may modify or change the Platform and/or the Services. In case of a substantial evolution or change, Amenitiz Solutions shall inform the Subscriber at least one (1) month in advance of such change.
9.2 Assistance services
Amenitiz Solutions is obliged to provide Subscribers with support and assistance services in accordance with the conditions set out in provision 5.5 above.
- Intellectual property rights
10.1 The Platform
The Subscriber acknowledges that Amenitiz Solutions is the sole owner of all intellectual property rights of the Platform and, in particular, of all the contents of the Platform, which are protected under the applicable law on intellectual property rights.
Amenitiz Solutions grants the Subscriber a non-transferable, non-exclusive, worldwide licence to use the Platform for the duration of the provision of the Services to the Subscriber.
The license of use granted by Amenitiz Solutions only allows the Subscriber to use the Services as described in provision 3 above.
The Subscriber may not extract, represent, reproduce, or, more generally, cause damage to all or part of the Platform.
10.2 The Subscriber Content
Amenitiz Solutions cannot claim ownership of any content published on the Subscriber Website, including the Subscriber Content.
The Subscriber warrants that is the owner of the intellectual property rights related to the Subscriber Content or has the necessary authorisations for its use.
Pursuant to clause 8.2 above, the Subscriber is solely responsible for the Subscriber Content and warrants to hold Amenitiz Solutions harmless against any third-party dispute in relation to the Subscriber Content.
In the event of non-compliance with the terms of this provision 10.2 and provision 8.2 by the Subscriber, Amenitiz Solutions may proceed with the removal of the disputed content, the closure of the Subscriber’s Website and the termination of the contractual relationship with the Subscriber under the terms set out in provision 13 below.
- Personal data
11.1 Data collected
Amenitiz Solutions, as the data controller and with registered office as indicated at the beginning of this document, may collect the following data:
(i) Identification data: title, first name, surname, first name, language and country, e-mail address, postal address and telephone number;
(ii) Payment details: bank details (please note that all payment transactions are encrypted by the receiving bank and that we do not retain any credit card numbers);
(iii) Login Data (such as username and password) and browsing data; and
(iv) Commercial data as preferences.
The User must provide some data to gain access to some functions of the Platform, as they are necessary for Amenitiz Solutions to grant access to the Subscriber.
Amenitiz Solutions does not process any personal data that may be classified as “sensitive” (information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and information relating to health or sex life, as well as personal data relating to criminal convictions and offences) in accordance with the applicable Data protection legislation.
Amenitiz Solutions will not transfer personal data to third parties except in the cases listed below in provision 12.5.
Cookies allow different types of data to be collected:
(i) usage details that allow Amenitiz Solutions to analyse how Users use the Platform;
(ii) technical data: IP address, search engine, location and time zone, browser plug-in, operating system, device used to log in; and
(iii) information about Users’ visits to the Platform, including URLs and their navigation, page response time, and download errors.
11.3 Purposes of data processing
The personal data listed in provisions 11.1 and 11.2 may be processed for the following purposes:
(i) Manage registration on the Platform: to gain access to some features of the Platform, the User must register by creating an account; therefore, his or her data is used to create the Subscriber Account or the Guest account;
(ii) Manage a Subscription: personal data is particularly necessary for the Services to function smoothly, to manage the chosen Plan, to accept payment for the Plan, to access the support and assistance service;
(iii) Access to the chat service: Amenitiz Solutions processes data as part of the chat service to respond to Users’ requests;
(iv) Improvement of the services offered by Amenitiz Solutions: Amenitiz Solutions processes Users’ browsing and subscription data for analysis and statistics in order to improve their ergonomics and quality; and
(v) Marketing: as part of the Amenitiz Solutions newsletter subscription, it processes Users’ data to send them specific information by e-mail.
Processing for marketing purposes requires the consent of the User, which may be revoked at any time.
11.4 Legitimation of data processing
The processing of the User’s personal data may have different legal bases depending on the case.
When a User subscribes to a Plan from the Platform, Amenitiz Solutions collects and processes the User’s personal data to execute the Subscription.
Amenitiz Solutions also relies on other legal grounds, such as the legitimate interests of the User.
Amenitiz Solutions takes special care to respect the value given in the consent in the applicable Data protection legislation.
11.5 Data recipients
As part of the use of the Platform, Amenitiz Solutions may share some personal data with certain third parties, which are listed below:
(i) Financial institutions to make payments;
(ii) Fraud prevention and detection entities to verify the credit and identity;
(iii) Competent authorities, such as tax authorities or others, depending on their competencies, where we have a legal obligation to do so.
(iv) IT providers (PCI compliance) to secure banking details; and
(v) Providers of marketing and advertising-related services to optimise the User’s experience on the Platform.
Amenitiz Solutions requires third-party recipients of Users’ personal data to comply with the applicable Data protection legislation.
The aforementioned third parties may only use the personal data transferred in accordance with the instructions provided by Amenitiz Solutions and not for their own use.
If Amenitiz carries out an international transfer of data outside the European Economic Area (EEA) it will take appropriate measures to protect the personal data of the Users and will make available to them information about these safeguards.
11.6 Data retention period
Amenitiz Solutions will keep the personal data for the duration of the Subscription and thereafter in accordance with the terms derived from the legal obligations applicable to it.
11.7 Rights of data subjects
In accordance with the Data Protection legislation, each User has the right to access, rectify, delete, and request the limitation of the processing, as well as the portability of their personal data. They also have the other rights indicated in this section.
The right of access allows the User to confirm whether Amenitiz Solutions is processing the User’s personal data, to receive a copy of the personal data that Amenitiz Solutions stores about the User, as well as to receive information about the processing of the User’s personal data.
The right of rectification gives each User the opportunity to request Amenitiz Solutions to correct inaccurate information about him/her, as well as to complete those that are not under the purpose of processing.
The right of erasure gives each User the opportunity to request Amenitiz Solutions to delete their personal data where this is possible as there may be cases where, for example, it has a legal obligation to retain it.
The right to restrict processing allows each User to ask Amenitiz Solutions to temporarily stop using their data. The User may exercise this right if the User’s personal data is incorrect, unlawfully processed, no longer necessary for the purpose for which it was collected or processed, or if the User objects to the processing of the User’s data and the User’s objection is being handled by Amenitiz Solutions.
The right to portability allows each User, in certain circumstances (the processing of the personal data the User provided to Amenitiz is carried out by automated means and is based on the User’s consent or an agreement with Amenitiz and the exercise of this right does not affect the rights and freedoms of others), to request their personal data in a structured, commonly used and machine-readable format or, if technically feasible, to transmit their data to another data controller.
The right not to be subject to a decision based solely on automated processing, including profiling, allows the User to object to automated processing and, where appropriate, to obtain human intervention. It is expressly stated that Amenitiz does not carry out such processing.
The right to withdraw consent allows the User to withdraw consent where the legitimate basis for the processing is consent, without affecting the lawfulness of the processing carried out up to that point.
The processing of personal data carried out by the Platform complies with the Data protection legislation.
Therefore, regardless of the purpose or the legal basis according to which Amenitiz process the User’s data, Users may, at any time and free of charge, send an e-mail to the Amenitiz support team to request the exercise of the User’s rights at the following e-mail address: [email protected].
However, please note that Amenitiz cannot always respond positively to the Users request for legal reasons, of which Amenitiz will inform the User, in this case, after receiving the User’s request.
The User also has the right to lodge a complaint with the Spanish Data Protection Agency (“AEPD”) (www.aepd.es) if the User believes that Amenitiz has not complied with the User’s rights or the Data protection legislation.
Amenitiz Solutions has appropriate security measures in place to prevent the loss, unauthorised use or access, or any unauthorised modification or disclosure of personal data.
All personal data collected and processed by Amenitiz Solutions is stored on secure servers.
Amenitiz Solutions advises all Users to log in only on secure networks and to avoid logging in from public Wi-Fi networks.
11.9 Commitments of the Subscriber
For its part, the Subscriber is obliged to comply with the Data Protection legislation for any collection or processing of such data that it would carry out through the Subscriber’s website.
The Subscriber warrants to hold Amenitiz Solutions harmless against any dispute, appeal or action in this respect.
Furthermore, the Subscriber agrees to indemnify and hold harmless Amenitiz Solutions and Amenitiz Solutions affiliated companies from any legal action or claim, loss, damage or liability (including reasonable attorneys‘ fees and costs of performance of the above indemnification obligation) arising or resulting from any act of the Subscriber. This indemnification obligation shall survive termination of these General Terms and Conditions and shall indemnify and hold harmless Amenitiz Solutions and all of its subsidiaries, partners, affiliates, directors, officers, shareholders, attorneys, employees, representatives and agents.
Amenitiz Solutions shall not be considered a publisher of the Subscriber Content.
As Amenitiz Solutions has no control over the Subscriber Content, the User Page, or the Subscriber Website, it cannot be held liable in this respect.
Even in the event of a breach, error or lack of diligence on the part of Amenitiz Solutions, and for whatever reason its liability is investigated, Amenitiz Solutions shall only be liable to the Subscriber on the basis of these General Terms and Conditions for direct damages. Indirect damages, loss of opportunity or business or damage to the image and/or reputation of the company, loss of profit, loss of profits or expected savings, loss of customers, loss of turnover, regardless of whether these damages were foreseeable in principle or scope or not, are expressly excluded.
In any case, the liability of Amenitiz Solutions for damages caused by Amenitiz Solutions shall in no case exceed the amount actually received by Amenitiz Solutions from the Subscriber as consideration for the Services during the last twelve (12) months.
In any event, the Subscriber shall provide evidence of non-compliance or breach of Amenitiz Solutions‘ obligations, it being understood that all parties acknowledge that such non-compliance or breach must be in relation to the infrastructure it manages and over which it has control.
Amenitiz Solutions shall not be liable for having removed or suspended access to an element of the Subscriber Content of an unlawful nature as a result of having received a notification from a User or a third party.
Amenitiz Solutions offers Services on an “as is” and “as available” basis and therefore does not have to ensure that the Services match the Subscriber’s needs.
Amenitiz Solutions does not guarantee that the Platform and the Subscriber Websites will function perfectly but will make every effort to ensure the continuity of the Services.
Amenitiz Solutions does not guarantee the absence of errors or defects during the use of the Platform. In case of receiving a notification of an error or defect, Amenitiz Solutions is obliged, as far as possible, to rectify it within a reasonable period of time.
In addition, Amenitiz Solutions reserves the right, at its discretion, to suspend the availability of the Platform in order to carry out any update or improvement operation or for maintenance work.
- Termination of Subscription
The User may proceed to unilaterally cancel the contracted subscription, in any case in accordance with the deadlines set out in clause 6, by sending an email from the email address corresponding to the User’s Login Data.
Such cancellation shall not, under any circumstances, entail the reimbursement of the amounts paid by the Subscriber in consideration for the subscription, and therefore, such amounts are non-refundable. Likewise, the Subscriber must pay Amenitiz Solutions the fees accrued or accrued in advance according to the Subscription made.
If the User is enjoying a free Trial Period, the User may cancel the Subscription before the end of the Trial Period by sending an email from the email address corresponding to the User’s Login Details at least 24 hours before the expiry of the Trial Period.
- Restitution of data
Upon cancellation of the Subscription, Amenitiz Solutions shall revoke the access granted to the Subscriber to the Account and undertakes, upon request by registered letter with acknowledgement of receipt within three (3) months of cancellation of the Subscription, to return to the Subscriber all his data in the form of SQL backup files and compressed files in their native formats. Once the period of three (3) months from the cancellation of the Subscription has elapsed, the Subscriber may not request Amenitiz Solutions to return the data.
Amenitiz Solutions will keep a copy of the returned data for security purposes only and undertakes not to use it for any other purpose.
The Subscriber will actively work together with Amenitiz Solutions to facilitate the return of its data.
- Applicable law and jurisdiction
These General Terms and Conditions are governed by Spanish law.
The courts of Barcelona shall have jurisdiction over any dispute relating to these General Terms and Conditions. Before going to court, the parties are obliged to try to reach an amicable agreement.
In the event of translation conflicts between the different versions of Amenitiz Solutions’ General Terms and Conditions, the English version shall prevail.
- Completeness of the agreement
Nothing in these General Terms and Conditions, express or implied, is intended to confer or shall be deemed to confer on any person or entity not a party to this agreement any rights.
The parties agree that these General Terms and Conditions do not and shall not establish between Amenitiz Solutions and the Subscribers any kind of partnership, joint venture or organisation of any kind, nor do they stipulate an employment or agency contract that may involve or from which indemnities, payments or compensation may arise by virtue of the clientele captured on the basis of this contract, nor shall they give rise to claims for unjust enrichment of any of the contracting parties.
The inability, silence or delay of either party to exercise or enforce any of the conditions of these General Terms and Conditions, or the claims and/or legal actions arising therefrom, shall not constitute or be construed hereunder as a waiver of its right to exercise any and all such conditions, claims and/or legal actions.