Terms of Service

1. Information about the provider

In accordance with Article 10 of Spanish Law 34/2002 of 11 July on information society services and electronic commerce (LSSI-CE), the identifying details of the owner of Vecta 360 and its website are as follows:

• Owner: [RAZÓN SOCIAL]
• Tax ID (NIF): [CIF]
• Registered office: [DOMICILIO SOCIAL]
• Registry details: [DATOS REGISTRALES]
• Contact email: [EMAIL DE CONTACTO]
• Email for data protection matters: [EMAIL DE PRIVACIDAD]

2. Definitions

For the purposes of these Terms, the following terms have the meanings given below:

• Customer: the business, organisation or professional that subscribes to Vecta 360 for its business or professional activity.
• Workspace: the Vecta 360 environment associated with a Customer, in which its data, modules and members are organised.
• Workspace owner: the person who creates the workspace or holds ownership of it at any given time, and who acts on behalf of the Customer.
• Member: a person to whom the Customer grants access to its workspace, such as its employees or collaborators.
• User: any person who accesses Vecta 360, including owners and members.
• Customer Content: the data, files, documents and other information that the Customer or its members enter into Vecta 360 or generate through the service.
• Client portal: the area of Vecta 360 to which the Customer may invite its own clients to view appointments and documents or make payments.
• Portal users: the Customer's clients who access the client portal.

3. Purpose and acceptance

The Terms govern the provision of Vecta 360 to the Customer as cloud software accessible over the internet.

The person who creates a workspace or takes out a subscription accepts the Terms on behalf of the Customer and represents that they have sufficient authority to bind it. If they act in their own name as a professional, that same person is the Customer.

Each member who joins a workspace accepts the Terms as regards their personal use of the service. The contractual and financial relationship remains with the Customer.

Vecta 360 records the version of the Terms accepted by each person and the date of acceptance.

4. A service for businesses and professionals

Vecta 360 is offered to businesses and professionals acting within the scope of their business or professional activity, such as healthcare centres, psychology and therapy practices or agencies. It is not intended for consumers.

By subscribing, the Customer represents that it acts in that capacity. Accordingly, consumer protection legislation, including the right of withdrawal provided for distance contracts concluded with consumers, does not apply to this relationship, without prejudice to any mandatory rules that also protect businesses and professionals.

Nothing in the Terms limits rights that the law declares cannot be waived.

5. The service and how it evolves

Vecta 360 is a management platform for businesses and professionals which, depending on the plan and modules subscribed to, may include, among other features, scheduling and calendar, client and sales opportunity management, invoicing, a clinical module for psychology professionals, virtual tours and a client portal. The features available in each plan are described on the website and in the application itself.

Vecta 360 continuously improves the service and may add, change or remove features. Where a change substantially reduces the essential features of a paid plan the Customer has subscribed to, Vecta 360 will give reasonable advance notice and the Customer may terminate the contract before the change takes effect, with a refund of the unused portion of the period already paid.

Changes required for security reasons, for regulatory compliance or to fix errors may be applied without notice.

6. Accounts, workspaces and owner responsibilities

The Customer, acting through the workspace owner, is responsible for:

• providing accurate registration and billing details and keeping them up to date;
• deciding which people join as members, which roles and permissions they are assigned, and removing their access when they no longer need it;
• ensuring that members use the service in accordance with these Terms; actions taken from the accounts in its workspace are deemed to have been taken by the Customer;
• ensuring that each user keeps their access credentials safe, as they are personal and non-transferable;
• notifying Vecta 360 without delay, at [EMAIL DE CONTACTO], of any unauthorised access or security incident it becomes aware of.

7. Acceptable use

The Customer and users undertake to use Vecta 360 lawfully and in accordance with these Terms. In particular, it is not permitted to:

• upload or distribute content that is unlawful, that infringes third-party rights or that was obtained without a sufficient legal basis;
• use the service to send unsolicited commercial communications or for fraudulent activities;
• attempt to access other people's workspaces, accounts or data, or circumvent security or access control measures;
• introduce malicious software or take actions that overload or damage the service infrastructure;
• reverse engineer, decompile or attempt to obtain the source code of the service, except to the extent expressly permitted by law;
• extract data by automated means outside the export features or interfaces that Vecta 360 makes available;
• resell, sublicense or make the service available to third parties without written authorisation, other than the portal user access provided for in the service itself.

8. Customer Content

The Customer retains all rights in the Customer Content. Vecta 360 acquires no ownership rights in it.

The Customer grants Vecta 360 a non-exclusive, royalty-free licence, limited to the term of the contract and the subsequent period set out in section 23, to host, store, copy, transmit, display and process the Customer Content to the extent necessary to provide the service, keep it secure and comply with legal obligations.

Vecta 360 does not sell the Customer Content or use it for purposes other than those stated.

The Customer warrants that it has the rights and the legal basis needed to enter the Customer Content into Vecta 360, and is responsible for its accuracy and lawfulness.

If the Customer sends suggestions or feedback about the service, Vecta 360 may use them freely to improve it, without incurring any obligation to the Customer.

9. Fees, billing, renewal and cancellation

The price of the service is that of the plan subscribed to, according to the rates published on the website or the offer accepted by the Customer. Unless stated otherwise, prices do not include applicable indirect taxes, which will be added to the invoice.

Subscriptions are charged in advance, at the start of each billing period of the chosen plan, through Stripe, Vecta 360's payment provider. Card details are handled by Stripe; Vecta 360 does not store them.

The subscription renews automatically for periods equal to the one subscribed to, unless the Customer cancels it before the renewal date. Cancellation can be made from the workspace billing settings and takes effect at the end of the period already paid, until which the service remains available.

Except as provided in these Terms or required by law, amounts paid are non-refundable, including those for periods that have started and not ended.

Vecta 360 may change its prices. Changes will be notified at least 30 days in advance and will apply from the next renewal. If the Customer does not agree, it may cancel the subscription before that date.

If a payment is not completed, Vecta 360 may, after notifying the Customer and allowing a reasonable period to settle it, suspend access to paid features until the outstanding amount is paid.

10. Client portal and payments from the Customer's clients

The Customer may invite its own clients to the client portal to view their appointments and documents and, if the Customer enables this feature, to make payments through the portal.

As regards the personal data of portal users, the Customer is the controller and Vecta 360 acts as processor in accordance with sections 16 to 20. It is for the Customer to inform its clients about the processing of their data and to decide what information it shares with them.

Payments made in the portal are processed by Stripe in accordance with the applicable Stripe terms. Vecta 360 does not store card data. The relationship arising from those payments, including prices, invoicing, refunds and claims, is between the Customer and its client.

11. Invoicing and Verifactu

The invoicing module allows the Customer to issue invoices using a computerised invoicing system that incorporates the functions provided for in Spanish Royal Decree 1007/2023 of 5 December (the Verifactu system), including the submission of invoice records to the Spanish Tax Agency (Agencia Estatal de Administración Tributaria, AEAT) when the Customer configures it to do so.

Vecta 360 provides the software. The Customer is the taxpayer and is responsible for the content and accuracy of its invoices, for the tax data it enters and for complying with its tax, accounting and invoice retention obligations. Vecta 360 does not provide tax advice.

Records are submitted to the AEAT on behalf of the Customer and in compliance with legal obligations. The AEAT receives them as a public authority, not as a provider to Vecta 360.

12. Health data and the clinical module

The clinical module allows psychology and health professionals to manage patient records, session notes and consent templates. Its use may involve processing health data, which Article 9 GDPR treats as a special category of data.

The Customer is solely responsible for having a valid legal basis to process that data, for informing its patients and obtaining any consents required, for complying with the applicable rules on clinical documentation and patient rights, and for respecting professional secrecy and the ethical rules of its profession. It must also restrict access to that information to the members who need it, using the workspace roles and permissions.

Consent templates are a tool for the Customer to manage its own documents. Any sample text included by Vecta 360 is for guidance only, does not constitute legal or clinical advice, and must be reviewed and adapted by the Customer before use.

The processing of health data by Vecta 360 on behalf of the Customer is governed by the processing terms in sections 16 to 20, with security measures appropriate to the risk posed by this type of data.

13. Third-party services and integrations

Some features depend on third-party services that the user chooses to enable, such as Google Calendar sync or browser push notifications. Their use is also subject to those third parties' terms. Vecta 360 does not control and is not responsible for the availability or operation of those services.

By connecting a Google account, the user authorises Vecta 360 to access the calendar data needed for synchronisation. That authorisation can be revoked at any time from the Google account settings.

14. Availability and support

Vecta 360 uses reasonable means to keep the service continuously available, but does not guarantee that it will operate without interruptions or errors. Unless a service level agreement is agreed in writing, it makes no specific availability commitment.

Interruptions may occur due to maintenance, updates, provider incidents or causes beyond Vecta 360's control. Where possible, scheduled downtime will be announced in advance.

Support is provided through [EMAIL DE CONTACTO].

The Customer is responsible for keeping any copies of its Content that it needs for legal or business reasons, using the available export features.

15. Intellectual and industrial property

Vecta 360 and its licensors own all rights in the platform, its software, design, documentation, trade marks and other elements, with the exception of the Customer Content.

For the term of the contract, Vecta 360 grants the Customer and its members a non-exclusive, non-transferable and non-sublicensable right to use the service, limited to the Customer's activity and the features of the plan subscribed to. No other rights are granted.

Open-source components that form part of the service are governed by their respective licences.

16. Data protection: the role of each party

Vecta 360 processes personal data in two different capacities:

• As controller, for the data of account owners and members, customer representatives, people who contact Vecta 360 and visitors to its website. This processing is described in the Privacy Policy.
• As processor, for the personal data that the Customer or its members enter into the service about third parties, such as their clients, contacts and sales opportunities, stakeholders, employees, patients and portal users. In this case the Customer is the controller and sections 16 to 20 constitute the processing agreement provided for in Article 28 GDPR.

17. Processing: subject matter, duration and data

With regard to the data that Vecta 360 processes on behalf of the Customer:

• Subject matter: the provision of the Vecta 360 service described in these Terms.
• Duration: the term of the contract, plus the time needed to return and delete the data in accordance with section 20.
• Nature and purpose: hosting, storage, organisation, consultation, alteration, transmission, export and deletion of data, as well as the operations the Customer carries out using the features of the service, for the sole purpose of providing it.
• Types of data: identification and contact data; professional and commercial data; appointment, task and communication data; financial, billing and payment data, excluding card data; documents and files; employment data; images and multimedia content; and, if the Customer uses the clinical module, health data and other special categories of data.
• Categories of data subjects: the Customer's clients and prospective clients, their contacts and stakeholders, employees and collaborators, patients, portal users and any other person whose data the Customer decides to include.

18. Vecta 360's obligations as processor

Vecta 360 undertakes to:

• process the data only on the documented instructions of the Customer, which are these Terms and the Customer's configuration and use of the service, including with regard to international transfers, unless required to do otherwise by European Union or Member State law; in that case it will inform the Customer before processing, unless that law prohibits it;
• immediately inform the Customer if it considers that an instruction infringes data protection law;
• ensure that persons authorised to process the data have committed themselves to confidentiality or are under a statutory obligation of confidentiality;
• implement appropriate technical and organisational measures under Article 32 GDPR, taking into account the state of the art, the costs and the risk, including that posed by health data; among them, role- and permission-based access control, logical separation of each workspace's data, encryption of communications and technical monitoring of the service;
• assist the Customer, through appropriate technical and organisational measures and insofar as possible, in responding to requests from data subjects to exercise their rights; if Vecta 360 receives a request directly, it will forward it to the Customer without responding itself, unless instructed otherwise;
• assist the Customer in complying with the obligations in Articles 32 to 36 GDPR, relating to security, notification and communication of security breaches, impact assessments and prior consultation, taking into account the nature of the processing and the information available to it;
• notify the Customer without undue delay of any personal data breach it becomes aware of, together with the information available to enable the Customer to meet its own notification obligations;
• make available to the Customer the information needed to demonstrate compliance with these obligations, and allow for and contribute to audits, including inspections, on the terms set out in section 20.

19. Sub-processors and international transfers

The Customer gives Vecta 360 general written authorisation to engage other processors (sub-processors). The current sub-processors and their functions are listed in the “Recipients of the data” section of the Privacy Policy.

Vecta 360 will inform the Customer, by email or in the application and at least 30 days in advance, of any addition or replacement of sub-processors. The Customer may object on reasonable data protection grounds. If the parties cannot reach a solution, the Customer may terminate the contract before the change takes effect, with a refund of the unused portion of the period already paid.

Vecta 360 will impose on each sub-processor, by contract, data protection obligations equivalent to those in these Terms, and will remain liable to the Customer for the sub-processor's performance of its obligations.

Where a sub-processor processes data outside the European Economic Area, the transfer will be made with one of the safeguards provided for in Chapter V GDPR, such as an adequacy decision or standard contractual clauses approved by the European Commission.

20. End of processing and audits

When the contract ends, and at the Customer's choice, Vecta 360 will return the data processed on its behalf, through the service's export features, or delete it. The Customer has the period set out in section 23 to export it. Once that period has passed, Vecta 360 will delete the data unless the law requires it to be kept; in that case it will keep it blocked and only for the time required.

Backups containing that data will be deleted as they are replaced in their ordinary cycle and, in the meantime, will not be used for any other purpose.

Audits must be requested with reasonable notice, carried out without affecting the provision of the service to other customers or the security of their data, and whoever carries them out must undertake a duty of confidentiality. Vecta 360 may first respond to requests by providing documentation and reports on its security measures. Unless the audit reveals a breach by Vecta 360, its costs will be borne by the Customer.

21. Confidentiality

Each party will keep confidential any non-public information of the other that it learns in connection with the contract and will use it only to perform the contract. This obligation survives termination of the contract and does not apply to information that is public, that the party already lawfully knew or that must be disclosed by law or by order of a competent authority.

22. Liability

Each party is liable for damage it causes to the other through breach of these Terms, subject to the limitations in this section.

Vecta 360 is not liable for indirect or consequential damage, loss of profit, or loss of business, clientele or reputation; for damage arising from the Customer Content, from decisions the Customer takes based on the service or from misuse of its credentials; or for failures of services that Vecta 360 does not control, such as the Customer's internet connection, Google services or AEAT systems.

Vecta 360's total liability under the contract, on any ground, is limited to the amount actually paid by the Customer for the service in the twelve months preceding the event giving rise to it.

The above limitations do not apply in cases of wilful misconduct or gross negligence, to personal injury, or in any other case in which the law does not permit liability to be limited or excluded.

The Customer will hold Vecta 360 harmless against third-party claims, including those of data subjects and supervisory authorities, arising from the Customer Content, from the Customer's breach of its obligations as controller or from use of the service contrary to these Terms.

23. Suspension and termination

The Customer may terminate the contract at any time by cancelling its subscription. Termination takes effect at the end of the paid period.

Vecta 360 may suspend access in whole or in part, with prior notice where possible, if the Customer fails to pay, if there is a serious breach of these Terms, or if necessary to prevent a risk to the security of the service, other customers or third parties. Suspension will be limited to what is necessary and will be lifted once its cause has ceased.

Either party may terminate the contract if the other seriously breaches its obligations and fails to remedy the breach within 15 days of being required to do so. Vecta 360 may also discontinue the service with at least 90 days' notice, refunding the unused portion of the period already paid.

After termination, access to the workspace ends. The Customer has [PLAZO DE CONSERVACIÓN] from termination to request the export of its Content, during which Vecta 360 will keep it without using it for any other purpose. Once that period has passed, the data will be deleted in accordance with section 20.

24. Changes to the Terms

Vecta 360 may amend these Terms to reflect changes in the service, in the law or in its business. Each version is identified by its effective date.

Material changes will be notified at least 30 days in advance, by email or in the application, and users will be asked to accept the new version in order to continue using the service. If the Customer does not accept it, it may terminate the contract before the new version takes effect, with a refund of the unused portion of the period already paid.

Changes that are not material, or that are required by law, may apply from their publication.

25. General provisions

The Terms, together with the Privacy Policy, the Cookie Policy and, where applicable, any specific conditions agreed in writing, constitute the entire agreement between the parties. In the event of conflict, the specific conditions prevail.

The Customer may not assign the contract without Vecta 360's consent. Vecta 360 may assign it to an entity in its group or to a successor to its business, notifying the Customer.

If any clause is declared void, the remaining clauses remain in force. A party's failure to exercise a right does not constitute a waiver of it.

Notices to the Customer will be sent by email to the address associated with the workspace owner's account, and notices to Vecta 360 to [EMAIL DE CONTACTO].

26. Governing law and jurisdiction

The Terms are governed by Spanish law. For any dispute, the parties, given their professional status, submit to the courts of [CIUDAD DE LOS TRIBUNALES], waiving any other jurisdiction that may correspond to them, unless the law establishes a different mandatory jurisdiction.

27. Language

These Terms are drafted in Spanish and may be offered in translation into other languages. In the event of any discrepancy between versions, the Spanish version prevails.