LEGAL TERMS AND CONDITIONS OF USE
Last update 15 february, 2022
1. LEGAL INFORMATION
The person responsible for processing the data we collect is BEWE DIGITAL SOLUTIONS S.L (hereinafter, "BEWE" or the "Company" without distinction) with CIF B87309464 and registered office at Paseo de la Castellana, 194, 28046 Madrid, Spain, and registered in the mercantile registry of Volume 33594, Folio 46, Section 8. You can contact the entity through the email email@example.com.
2. TERMS AND CONDITIONS OF USE
Be a person with sufficient capacity to contract. The participation is aimed at individuals over 18 years of age. The user is solely responsible for the veracity and accuracy of the data provided.
Assume all the obligations set forth herein.
3. SERVICES AND CONTENTS
BEWE offers users various services under the formula "Software as a Service" (hereinafter, "SaaS"). This will allow the user to manage their administration and business activity in a more efficient way by accessing different functionalities in an integrated manner such as an agenda or different modules for managing customer relations, offers, appointment planning, accounting and billing among others (hereinafter, the "Saas Services") according to the specific needs of the business.
BEWE also offers a series of marketing services such as web page creation, digital presence, etc. with the objective of attracting new costumers for the clients that contract these services.
The users of BEWE's services are companies and/or self-employed professionals who exercise a professional activity.
Mobile Apps: BEWE offers design, development and IT maintenance services for a Mobile App to businesses that will allow comprehensive management. To do this, BEWE will manage and obtain the licenses, permits and administrative authorizations necessary for the design, development and execution of the service from the registered user (hereinafter, the "Center"). Likewise, it will be responsible for all the taxes that accrue as a result of the contract, except the Value Added Tax (VAT) or its equivalent, which BEWE will pass on to the Center; The development of App Mobile may be for IOS and ANDROID.
BEWE may make use of all the techniques, ideas, concepts, and knowledge that it has developed or acquired by itself during the development of the software. The Center authorizes BEWE to use its distinctive signs, trademarks and / or any content necessary for the design and development of the service, on which it claims to hold intellectual property rights. BEWE grants the option to the Center of the registration of the software developed in the Intellectual Property Registry of Barcelona. The registration, which will be paid for by the Center, will duly reflect the authorship of BEWE and the agreed conditions regarding intellectual property rights.
The Client will have the right to enjoy a free trial of the SaaS for a period of two weeks after BEWE gives access to the SaaS. For this purpose, BEWE shall provide the Client with a temporary user name and password for access to the SaaS. After the expiration of the free trial period, BEWE may deactivate such access.
Online Payments: Within the services offered by BEWE, our Clients are able to choose and integrate 1 of over 100 different online gateway services. The Client should choose the gateway that best fits their needs in their country and in this way, offer online payment services to their customers in an easy, quick and secure fashion through the use of BEWE’s integration services.
Once the Saas is integrated with the chosen payment gateway, the Client will be able to set up the option for their customers to safely pay online through a one-time only registration of their credit card information within their personal account and continue making payments without having to add their credit card information on every transaction. All of these transactions will not be processed by BEWE but rather the payment gateway that was chosen, abiding by the conditions stipulated by the client and payment gateway.
BEWE will only charge the Client an authorization fee between $0.15 and $0.25 cents per transaction due to our integration agreement with any given payment gateway that is chosen by the Client. To any extent, any requests, questions or comments regarding a transaction shall be processed directly with the online payment gateway that was chosen since BEWE is not liable for any of the transactions generated by You or your customers.
4. HIRING PROCESS FOR SAAS SERVICES
Opening the Account - User identification
The Center must have a device with Internet connection (the costs of connection to the network are the exclusive responsibility of the users), to register and complete the form available for that purpose. To do this, personal data must be provided, the completion of which is obligatory, so that without it SaaS Services can not be accessed. The data entered by the Center must be accurate, current, complete and true.
When registering, the Center will indicate a username and password ("Identifiers") that will allow you to access your private area. These identifiers are confidential, and can only be changed at the request of the Center or at the initiative of the Company. The password will never be asked, neither by email nor by phone.
The Center is entirely responsible for the use of your account and assigned Identifiers and undertakes to keep them secret and not disclose them in any way, being the only responsible for the loss of them. BEWE will not be responsible for the use by any third party of the Identifiers due to their non-diligent use or loss by the Center.
BEWE offers the possibility to try a one-time demonstration version of SaaS This requires an online registration of the user, which is free. Once the aforementioned period has elapsed, the demonstration version will be deactivated without requiring any additional action by the Center.
The User may use the SaaS for a period of two weeks from the date of access. During this trial period, the Client accepts the terms and conditions of use.
After the expiration of the above period, the demo version will be deactivated without any further action required on the part of the Client. If the user wishes to continue using the services after the trial period has expired, a paid subscription is required.
The data entered by the user in the SaaS, during the trial period will be automatically deleted, if at the end of the trial period, the User does not decide to contract the SaaS or pay the required subscription.
The duration will be conditional on the selected management plan and will be renewed automatically unless the Center notifies BEWE of its intention not to renew its subscription at least fifteen (15) days in advance. The cancellation of the service will entail the cancellation of the user account and its inability to access the SaaS Services.
The duration shall be conditioned to the selected management plan which, in any case, shall have an initial duration of (12) months (the "Initial Term"), of mandatory compliance and shall be automatically renewed for successive periods of one (1) year (the "Extension"), unless the Client notifies BEWE of its intention not to renew its subscription at least fifteen (15) days in advance. In any case, the Extension shall coincide with the payment of the corresponding subscription and, if applicable, the termination of the service shall entail the cancellation of the user account and its inability to access the SaaS Services.
To do this, you must send an email to firstname.lastname@example.org. BEWE undertakes to process said cancellation within a period of fifteen (15) business days from the date of receipt of the request. In any case, the cancellation by the Center must occur before BEWE has billed the advance payment for the next agreed period, so that, if it occurs after such billing or in a period shorter than indicated, the Center You must pay the corresponding invoice, even if you do not intend to continue using the SaaS.
Once the services have been canceled, the Company reserves the right to keep the Center's records duly blocked and the records related to its interactions with the SaaS exclusively for the maximum time legally permitted to meet any liabilities that may legally arise required.
Changes to the SaaS Services will be communicated in advance one (1) month in advance of the change. Changes will be communicated to the Center by email. Unless it is opposed within the month following receipt of the notification, the contract will remain in force of the changes with the modified terms and conditions. In any case, none of the above will entitle the Center to claim damages.
BEWE grants the Center a license to use the non-temporary software, conditioned to the payment of the price, non-exclusive, non-sublicensable and non-transferable, limited to the services of the contracted SaaS Services and without geographical limitation "as is". Notwithstanding the foregoing, the publication service may have geographical or language limitations.
The license will be rescinded as of right in case of absence of payment of the price.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Company is the owner of all intellectual and industrial property rights over the Website and SaaS, as well as, without limitation, trademarks and distinctive signs, source and object code, preparatory materials, manuals, diagrams, contents, designs, interfaces and works subject to intellectual property rights related to said software and to the Website. Also, BEWE.
BEWE guarantees the authorship and ownership of the SaaS object of development as well as its originality. Likewise, it states that at the time of its creation it holds all intellectual property rights, with the possibility of transmission to third parties. BEWE does not assign any intellectual or industrial property rights to the Center, especially those related to the exploitation or transformation of any of the developed SaaS and App Services, reserving all rights not assigned or explicitly authorized.
The industrial and/or intellectual property rights over the website, the SaaS and any of the services provided through the SaaS, as well as any extension, improvement or modification thereof, are the exclusive property of BEWE, and therefore the Client shall refrain from using or registering in its name any patents, trademarks, domains or other distinctive signs of which BEWE is the owner, nor may it attribute to itself the authorship, development or ownership of the website, the SaaS or any of the services provided through the SaaS. Furthermore, the Client may not modify, reproduce, distribute or publicly communicate or make available to third parties the website, the SaaS or any of the services provided through the SaaS.
The Client may not, directly or indirectly, decrypt, electronically scan, decompile or derive source code from any intellectual and/or industrial property owned by BEWE to which it has access as a result of the license agreement and the services provided by BEWE, or reverse engineer the design and function of such intellectual and/or industrial property. In addition, the Client undertakes to report promptly and effectively any infringement or well-founded fear of infringement by Users or third parties of the SaaS and any of the services provided through the SaaS that may affect BEWE's legitimate interests of which the Client may become aware.
Likewise, the Client or the Users of the website, the SaaS or any of the services provided through the SaaS, as the case may be, shall retain all the industrial and/or intellectual property rights of which they are holders on that information and contents that they may store through the SaaS contracted in the framework of the use thereof by virtue of the License granted. Consequently, by virtue of this Agreement, the Client does not transfer to BEWE or any third party the ownership nor does it grant any license or right of use other than that provided herein, or of any other type in relation to any information, content or any intellectual or industrial property right.
Notwithstanding the foregoing, the Client authorizes BEWE to use the information and content referred to in the preceding paragraph to carry out its obligations under this Agreement in favor of the Client. Likewise, the Client authorizes BEWE to perform the back up or backup copies of the information and contents that it may store in the SaaS, as well as to use and disclose the statistical information derived from the use of the Software, respecting the obligations of respect for personal data.
The payment of the price does not constitute the purchase of the solutions used, nor of the titles, nor of the corresponding copyrights.
The Client may not resell or market in any way, in whole or in part, the SaaS Services provided by BEWE by subcontracting it to third parties, nor transfer to third parties the rights and obligations arising from the provision thereof.
The Center agrees to obtain all legally required consents, authorizations and approvals and make all necessary declarations before (i) using SaaS and (ii) including personal data in it. In the same way, the Center recognizes and accepts that it is the sole and exclusive responsible for any personal data, text, audio, video, images and any other content entered in the SaaS.
For the purposes of the provisions of the GDPR, BEWE acts as a processor, so that in accordance with the provisions of Article 28.3 of the GDPR the Client must sign the contract of Responsible Processor attached at the following link [........] along with these general conditions of use.
The data provided by the user and for which consent has been obtained may be communicated to any other third parties to whom BEWE has commissioned a service related to the purpose of the processing, always complying with the requirements established by the legislation in force. These third parties may include our IT service providers, maintenance and hosting of our database, software and applications. BEWE is committed to fulfilling the obligation of secrecy of personal data, so it has taken the necessary measures to prevent alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.
Any contingency or eventuality of any nature that causes damage to the Client caused by failures, alterations or modifications of the services provided by "Amazon Web Service", "HubSpot", "Google Cloud" or "Intercom" will not be the responsibility of the Company being such extremes beyond its control and impossible to control.
Finally, it is reported that by visiting this Web Site is not automatically recorded any personal data that identifies a user, instead there is certain non-personal information and not identifiable with the specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the web portal to then be able to make improvements. All users should consult our Cookies Policy.
7. ADDITIONAL INFORMATION AND LINKS
Additionally, the Company offers services and / or contents on the Website related to its activity, being these merely informative. In no case does the Company guarantee the accuracy of this information, reserving the right to update, modify or eliminate the contents, services and, in general, how many elements make up the design and configuration of the Website and the SaaS at any time and without prior notice, being able to limit or not allow access to them. In particular, BEWE reserves the right to eliminate, limit or prevent access to the Website and / or SaaS when technical difficulties arise due to events or circumstances beyond the Company that, in its sole discretion, reduce or cancel the security levels adopted. for the proper functioning of it.
The Website may contain links to third-party websites whose ownership and management corresponds to independent distributors or service providers over which the Company has no control or ownership whatsoever, for which reason BEWE does not guarantee or be held responsible in any way for those contents, commercial activities, products and services included in the Website by themselves or by third parties that may be linked, directly or indirectly, through it. The presence of such links, unless expressly stated otherwise, has a merely informative purpose and in no case supposes suggestion, invitation or recommendation on them, corresponding to the user to verify as many information as it deems necessary and opportune. The Company reserves the right to withdraw unilaterally and at any time the links that appear on its Website.
8. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
The Company makes every effort to avoid any error in the contents that may appear on the Website. However, this does not guarantee, nor is responsible for the consequences that may arise from errors in the contents that may appear in them or assumes any liability arising from the accuracy, completeness, accuracy, legality and / or reliability of the information published by the Center in it. Therefore, the Center may not host, store, disclose, publish, distribute, make available or share through it any content or material -texts, brands, logos, links, files, photographs, etc.- (i) about which does not have or has right or consent or is not legitimated to reproduce, transmit, disseminate, distribute, make available to third parties; (ii) that infringes or violates industrial or intellectual property rights or personal rights of third parties (including, but not limited to, copyrights, trademarks, patents, designs and industrial secrets); (iii) is illegal, false, misleading or inaccurate, threatening, insulting, hostile, defamatory, libelous, fraudulent, invasive of privacy, obscene, vulgar, pornographic, offensive, contains or depicts sexual activity, promotes intolerance, discrimination or violence, or inappropriate as determined by BEWE at its sole discretion.
BEWE has adopted, within its possibilities and the current state of technology, all reasonable measures in order to ensure the proper functioning of the Website. Notwithstanding the foregoing, at no time guarantees the suitability for a particular purpose or its satisfactory quality. BEWE is not responsible or guarantees that access to it is uninterrupted is free of error or cause any damage. By way of example, and not limiting, in no case shall the Company be liable for losses, damages or losses of any kind in relation to the access and use of the Website and / or the SaaS that derive from:
Those caused to computer systems or those caused by the introduction of viruses and other computer codes, as well as possible security errors that may occur due to the use of non-updated software versions or the consequences that may arise from the operation of the Center device;
For improper use or infraction of the conditions that BEWE establishes on the use of SaaS;
Of any action by the Center that may involve a violation of any type of national or international standard, of intellectual or industrial property rights or any other right of third parties, or of the Conditions of Use;
Of the contents, activities or statements that the Center disseminates or stores in the SaaS;
Of service interruptions, delays, errors, malfunctioning of the SaaS and, in general, of any inconvenience that have their origin in causes that are beyond the control of BEWE or in actions or services of third parties unrelated to BEWE and / or due to a malicious or culpable action of other users or third parties - attack by hackers, crackers or other third parties to the security or integrity of the computer system -, and / or that have origin in causes of Force Majeure.
The Center guarantees to BEWE that all the aforementioned content that is transmitted strictly meets these conditions, exempting the Company from any potential liability in this regard and will keep it harmless and, where appropriate, will compensate and compensate BEWE, its directors, employees, affiliates, agents and any other related persons, with respect to any claims, liabilities, sanctions, damages, losses, expenses or any other concepts that are a consequence of any breach of these General Conditions.
9. APPLICABLE LAW AND COMPETENT JURISDICTION
Any controversy or conflict that may arise from the access, use or contracting of the services offered on the Website will be governed in accordance with the provisions of Spanish law and subject to the exclusive jurisdiction of the Courts and Tribunals of Madrid, expressly waiving to any other jurisdiction that may correspond.
BEWE offers the option to its Clients to integrate an online payment gateway platform, from over 100 different options around the world, in which their customer will be able to register a Credit Card and process their payments Online when booking or purchasing services from our Clients. Our Client’s customers that have made an Online purchase and have a Credit Card on file, may cancel their purchase exclusively following the online payment policy implemented and set up by the Client.
If a purchase successfully follows the Cancelation Policy enacted by a Client, the customer will be reimbursed by the corresponding payment gateway to the same credit card from which the payment was processed and the amount will be exactly the same unless there is a possible commission or penalty stipulated in the conditions contracted between the Client and the payment gateway.
Any dispute originated by the cancellation or refund of a transaction shall be resolved directly by the Client with the payment gateway, being the Client ultimately who decides if the cancellation is valid or not, and if the corresponding refund will apply through their payment gateway, being the Client liable for the decision taken.
HIPAA Business Associate Agreement
The HIPAA Business Associate Agreement (HIPAA BAA) is a legal binding document between you ("You" or "Your") and Bewe Software and/or its affiliates ("Bewe", "we", "our" or "us") with the intention of fulfilling the requirements that are stated by the HIPAA, supporting the parties compliance with said organization. This "Agreement" governs the general terms and conditions subscribed by you and Bewe, as well as the use of Bewe's applications, websites, software, products and services as well as any means needed to provide said services (collectively, the "Services"). This HIPAA BAA along the Agreement will state each party's responsibilities and obligations pertaining to the Protected Health Information.
You acknowledge that: (i) you are legally bound by the terms of this HIPAA BAA, (ii) you understand and agree this HIPAA BAA, (iii) you have legal authority to subscribe to this HIPAA BAA.
It is recommended that you print a hardcopy of this HIPAA BAA and the incorporating Agreement for future reference.
Any terms that are capitalized and used in this HIPAA BAA but are not defined in this document will follow the same definition as in HIPAA.
"HIPAA" stands for Health Insurance Portability and Accountability Act of 1996 and all of the regulations that it governs, as well any provisions regarding the HITECH Act.
"Protected Health Information" or "PHI" in short will have the same definition as the terms stated in HIPAA, 45 C.F.R. § 160.103, excluding information that (i) was created, transferred or kept by us on your behalf. It will additionally exclude information that is exempt from disclosure from HIPAA underneath Section 1179 of the Social Security Act, 42 U.S.C § 1320d-8.
"HITECH Act" refers to the Health Information Technology for Economic and Clinical Health Act enacted by the United States Congress, which is Title XII of the American Recovery & Reinvestment Act, and the regulations thereunder, as amended.
"Individual" will have the same definitions as the term "individual" in HIPAA, 45 C.F.R. § 160.103, covering any person who in accordance with the HIPAA “Privacy Rule” qualifies as a personal representative as stated in 45 C.F.R. § 164.502(g).
2. BEWE'S PERMITTED USES AND DISCLOSURES
Unless otherwise stated within this HIPAA BAA, we are allowed to:
Use or Disclosure PHI stored by us to carry out the Services stated, given that said Use or Disclosure does not infringe HIPAA if done by you.
Use PHI within our organization carrying out it's intended use and if necessary, to fulfill any legal obligation.
Use PHI to create de-identified Health Information in accordance with the HIPAA "Privacy Rule" as described in 45 C.F.R. § 164.514(b).
Use PHI for gathering and summarizing data related to your Health Care Operations.
Disclose PHI stored by us to a third party for the sole purpose of fulfilling our legal obligations or in accordance with our regular operations, given that: (i) The Disclosure is required by law, or (ii) we have received proper assurances by the party involved stating that (a) the PHI will stay confidential and will be Used or further Disclosed exclusively for the purpose it was originally intended or by request by law. (b) we will be notified of any occurrences in which breach of confidentiality is incurred.
3. BEWE’S OBLIGATIONS
We commit to avoid the Use or Disclosure of PHI except in the circumstances that are permitted or required by this HIPAA BAA or by Law. We accept the use of appropriate safety measures to fulfill, if applicable, the Security Standards for Protection of Electronic Protected Health Information, 45 C.F.R. Part 164 Subpart C (the "Security Rule") with respect to Electronic Protected Health Information, to avoid Use or Disclosure of the PHI out of the scope of this HIPAA BAA. We also agree to comply with any other possible statutory requirements of the Security Rule.
a) Reporting We commit to report to the Covered Entity within reasonable time: (i) Any Use or Disclosure of PHI not described in this HIPAA BAA, including but not limited to Breaches of Unsecured PHI; and/or (ii) Any Security Incident, equivalent to this Section 3(a) serving as sufficient notice without the need for additional reporting of any failed attempts of Access, Use, Disclosure, modification, destruction of information or failed interference with operative system performance on an information system. In the event of a Breach of Unsecured PHI, we commit to provide the report stated with the pertinent information ordered by 45 C.F.R. § 164.410 within reasonable time and in up to 60 calendar days after discovery, without exception.
b) Bewe's Subcontractors We commit to secure by reasonable intent that any of our subcontractors that create, receive, maintain or transfer PHI on our behalf in written consent to the same standards and conditions that are applicable to this HIPAA BAA in regards to said PHI to us, as well as complying with any applicable requirements of the Security Rule.
c) Record Access We guarantee that our internal operations, records and registers related to the Use and Disclosure of PHI generated by the Business Associate will, on your behalf, be available to the Secretary of the Department of Health and Human Services ("Secretary") for the purposes of the Secretary determining compliance with HIPAA. Nothing within this Agreement shall constitute a waiver of any type nor protection against trade secrets or confidential commercial information.
d) Individual Privacy Rights If requested, we will make the PHI available to you in accordance with complying with your obligations to provide access to Individuals or their health information in a Designated Record Set, per 45 C.F.R. § 164.524. Upon request, amendments to such Designated Record Sets can be processed as well as provide you with the information necessary to provide to an individual with a summary of Disclosures required by 45 C.F.R. § 164.524.
You must ensure that you place appropriate safety precautions to avoid unauthorized access, use or disclosure of PHI in accordance with this HIPAA BAA, or as otherwise permitted under the Security Rule. If you wish to use the Service with PHI transmission without encryption, You are responsible for updating the Security Rule stating that data encryption is not necessary for these purposes of communication. Implementing an equivalent measure if necessary or appropriate shall also be documented under the Security Rule
We shall be updated with any modifications or repeal to the permissions granted to us by an Individual to Use or Disclose PHI if these modifications affect our allowed or required Uses or Disclosures of PHI granted by this HIPAA BAA. You will not agree to change or abide any solicitation to restrict in any way our permitted or required Uses or Disclosures of PHI granted under this HIPAA BAA except in the case that this is required by lay, to which if it's the case, you shall diligently notify us of said restriction(s). You shall not request or trigger us to Use or Disclose PHI in any possible way that would not be admissible under the HIPAA if done by You.
within reasonable time.
5. CONTRACT BREACH TERMINATION AUTHORIZATION
If you determine that we have breached any of the terms regarding this HIPAA BAA, you may proceed to terminate this agreement in accordance with provision 11 of this HIPAA BAA.
6. CONTRACT TERMINATION
Upon the termination of this HIPAA BAA regardless of the reason, any PHI will be destroyed or returned to the party involved, to a practical extent. No copies, whether physical or digital will be withheld. If Bewe determines that returning or destroying the PHI is unachievable, extension of the safekeeping of this HIPAA BAA to said PHI will be assessed during the time the reason that makes the return or destruction unachievable is enforced.
Any provision of this HIPAA BAA that may incur in ambiguity shall be interpreted with the intent to fulfil the corresponding applicable laws.
8. NO TERTIARY BENEFICIARIES
The provisions of this HIPAA BAA in no way shall be construed to transfer to any person or party and their corresponding inheritors or affiliates, any obligations, liabilities, rights or amendments in any form.
9. NO PRINCIPAL-AGENCY RELATIONSHIP
There are no terms within this HIPAA BAA that have the intent of creating consent for one party to act on behalf of the other nor is subject to control to either party.
10. COMPLETE AGREEMENT
The present HIPAA BAA supersedes all agreements signed by the parties related to HIPAA covering the Services provided. If any provision of this agreement enters into any conflict between the terms of this HIPAA BAA and the remainder of the present agreement, the terms of the HIPAA BAA will preside. Unless otherwise stated or amended, the terms of this Agreement will remain in full effect.