Terms of use

1. Access and use of the services

1.1. About the service

These general terms and conditions of use ("Terms") govern the use of the Platform. The Company provides specialized design services through a hosted platform for creating, managing, and publishing multilingual product documentation and related content ("Service" or "Services").

The entity that contracts the Services is the "Client". The person who accesses the published content is the "End-User".

1.2. Agreement to the terms

These Terms establish a framework of mutual understanding between the Company and the Client. By using the Services, both parties agree to act in good faith and in accordance with the principles outlined here.

The Company may update these Terms from time to time to reflect changes in the Services or applicable regulations. We will provide reasonable prior written notice of any material change, and we are open to discussing any concerns before changes take effect.

2. Account and access

2.1. Account credentials

Access to the Service requires credentials provided by the Company. These credentials are personal and non-transferable. The Client is responsible for safeguarding them and for all activity that occurs under their account.

2.2. Client responsibility towards End-Users

The Client is responsible for informing End-Users of any relevant terms, conditions, or notices that apply to the content published through the Platform.

2.3. Termination

Either party may terminate the service relationship by providing reasonable written notice, with a minimum of thirty (30) days.

The Company reserves the right to suspend access in cases of violation of these Terms, non-payment, or legal requirement, after providing reasonable notice when circumstances permit.

Upon termination, the Client's data will remain available for export through the Platform's export feature for a minimum of sixty (60) days following the effective termination date.

3. Fees and payments

Fees for the Services are agreed upon between the Company and the Client on an individual basis.

Any changes to the agreed fees will be communicated in advance and agreed upon in good faith between both parties.

In the event of non-payment, the Company will notify the Client and work towards a resolution before taking any action that may affect access to the Service or the Client's data.

4. Content and liability

4.1. Ownership

The Client retains all ownership rights to the content created through the Platform ("Client Content"). By using the Service, the Client grants the Company a limited, non-exclusive license to host, store, display, and distribute Client Content solely for the purpose of providing and operating the Service.

4.2. Client responsibility for content

The Client is solely responsible for the accuracy, completeness, legality, and safety of all content created, published, or distributed through the Platform. The Client must ensure that all necessary rights and permissions are held for any content uploaded.

4.3. Content liability disclaimer

The Company provides specialized design services through a hosted platform. While we may assist in structuring and formatting content, we do not author, review for accuracy, verify, or endorse the content published by Clients. Any design or formatting assistance provided by the Company does not constitute review or endorsement of the content's accuracy or safety.

The Company assumes no responsibility or liability for:

The accuracy, completeness, or reliability of any documentation or other content published through the Platform.
Any personal injury, property damage, or other harm resulting from End-Users following content created by Clients.
Any loss, damage, or claim arising from errors, omissions, or misleading information in Client Content.
The suitability of Client Content for any particular purpose or audience.

The Client who provides or approves the content bears full responsibility for its consequences, including any damage or injury that may result from its use by End-Users.

4.4. Content moderation

The Company reserves the right to review, modify, prevent access to, or remove any content that we believe violates the law or these Terms. However, the Company has no obligation to monitor or review content submitted to the Service.

5. Data protection and security

The Company is committed to protecting the Client's data. We maintain reasonable technical and organizational measures, including regular backups and redundant storage, to safeguard data against loss, unauthorized access, or damage.

In the event of a data incident that may affect the Client's content, the Company will notify the Client promptly and take all reasonable steps to restore the data.

The limitation of liability in Section 12 does not apply to data loss or damage caused by the Company's negligence or failure to maintain the security measures described in this section.

6. Prohibited conduct

While using the Service, the Client agrees not to:

Use the Service for any purpose that is unlawful or prohibited by these Terms.
Access, tamper with, or use non-public areas of the Service or its technical infrastructure.
Circumvent any technological measure implemented to protect the Service.
Scrape, crawl, or use automated means to access or extract content from the Service, except through interfaces provided by the Company.
Reproduce, duplicate, copy, sell, or exploit any portion of the Service for commercial purposes beyond the scope of the agreement with the Company.
Reverse engineer, decompile, or disassemble any part of the Service.
Interfere with the access of any user, host, or network, including sending viruses, overloading, flooding, or spamming the Service.
Impersonate any person or entity, or misrepresent their affiliation.
Allow any other person or entity to use their account to access the Service without the Company's consent.
Use any content from the Platform as training data for artificial intelligence or machine learning systems without the express written consent of the Company.

7. Intellectual property

All Platform contents other than Client Content (including but not limited to software, databases, images, designs, and trademarks) are the property of the Company or its licensors and are protected by applicable intellectual property laws.

The availability of the Service does not imply any assignment of ownership or exploitation rights beyond the normal use of the Service as intended.

Unauthorized reproduction, distribution, or exploitation of Platform contents is strictly prohibited.

8. Links to third parties

The Service may contain links to third-party websites or platforms. The Company assumes no liability for the content, privacy practices, or availability of any third-party sites. Their inclusion does not imply endorsement or recommendation by the Company.

9. Privacy

When the Client provides personal data to the Company, our Privacy Policy applies. Please review it for details on how we collect, use, and protect your information.

10. Confidentiality

Both parties agree to treat as confidential any non-public information exchanged in connection with the Service, including but not limited to business data, product documentation, technical specifications, and account credentials. Neither party shall disclose confidential information to third parties without the prior written consent of the other party, except where required by law.

This obligation of confidentiality shall survive the termination of these Terms.

11. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Platform and the Services are provided "as is" and "as available". The Company makes no representations, warranties, or conditions, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Company does not warrant that the Services will be uninterrupted, timely, secure, accurate, or error-free. Both parties may have additional rights under applicable local laws that these Terms cannot change.

12. Limitation of liability

To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages for loss of revenue or profits, arising from or relating to these Terms, the Client's account, or the Services.

The Company's maximum aggregate liability for any and all claims arising from these Terms, the Client's account, or the Services will not exceed the total fees paid to the Company in the twelve (12) months preceding the date on which the damage occurred.

This limitation of liability shall not apply to: (a) data loss or damage covered under Section 5; (b) cases of gross negligence or willful misconduct; or (c) personal injury or death.

13. Suspension of access

We reserve the right to remove any content from the Service, and to limit, suspend, or terminate the Service and accounts, after providing reasonable notice when circumstances permit, if we believe the Client is creating problems, possible legal liabilities, infringing intellectual property rights, or acting inconsistently with the letter or spirit of these Terms.

14. Indemnity

The Client agrees to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) the Client's use of the Service or Client Content; (b) violation of these Terms; or (c) violation of any law or any rights of another party.

15. Service availability

The Company will make reasonable efforts to maintain the availability of the Service. Planned maintenance or updates that may affect availability will be communicated to the Client in advance when possible.

The Company does not guarantee uninterrupted access to the Service and shall not be liable for temporary unavailability due to maintenance, updates, or circumstances beyond its reasonable control.

16. Force majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond the party's reasonable control, including but not limited to natural disasters, acts of government, infrastructure failures, cyberattacks, or service outages at third-party hosting providers.

The affected party will notify the other party as soon as reasonably practicable and make all reasonable efforts to mitigate the impact of the event.

17. Applicable law and jurisdiction

17.1. General

These Terms shall be governed and construed in accordance with Spanish law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute arising from or in connection with the Platform or the Services shall be subject to the jurisdiction of the courts of Barcelona, Spain.

17.2. Consumers

If the Client is acting as a consumer, these Terms shall be governed by Spanish law, but this shall not prevent the application of mandatory rights entitled under applicable local law. The courts of Barcelona, Spain, shall have non-exclusive jurisdiction.

The Client may also access the European Union's online dispute resolution platform (opens in new tab).

18. Communications and notices

All formal notices between the parties — including but not limited to termination, fee changes, and data incident notifications — shall be communicated in writing via email to the addresses on record.

Notices shall be deemed received on the business day following the date of sending, provided no delivery failure notification is received.

19. Entire agreement

These Terms, together with any Specific Conditions agreed between the parties, constitute the entire agreement between the Company and the Client regarding the use of the Service, and supersede any prior oral or written agreements, representations, or understandings.

20. Language

These Terms are provided in English. In the event of any conflict between a translated version and the English original, the English version shall prevail.

21. Contact

For any questions regarding these Terms, please contact us at hola@guindo.com.