Service terms

1. Subject matter and parties

These Service Terms (the “Terms”) govern access to and use of ALIVIO’s technical building management platform, including the web CRM and the mobile apps (together, the “Platform”), provided by ALIVIO Asset Management, S.L., with registered office at Av. del Puerto 88, 46023 Valencia (Spain) and tax ID B-12345678 [provisional, pending verification].

The parties are ALIVIO and the individual or entity that contracts or uses the Platform (the “Customer”). The Platform is aimed exclusively at professionals and businesses; it is not intended for consumers.

2. Acceptance

Registering an account, accepting during sign-up or using the Platform implies full acceptance of these Terms. If a user acts on behalf of an entity, they warrant they have authority to bind it. Where a signed contract exists between the parties, it prevails over these Terms to the extent of any conflict.

3. Accounts and access

• The Customer is responsible for the accuracy of sign-up data and for keeping it up to date.
• Credentials are personal and non-transferable; the Customer must safeguard them and report any unauthorised use without delay.
• Access is organised by roles (manager, owner, provider); the Customer is responsible for assigning appropriate permissions to its users.

4. Acceptable use

The Customer undertakes not to:

• use the Platform for unlawful purposes or contrary to good faith;
• enter data for which it has no legal basis, or content that infringes third-party rights;
• attempt to gain unauthorised access to, alter, overload or damage the Platform or its security (reverse engineering, scanning, denial of service, etc.);
• resell or assign access to third parties without ALIVIO’s authorisation.

5. Subscription, pricing and billing

The commercial terms (plan, price, term and payment method) are those agreed in writing in the relevant order, proposal or subscription form. Unless otherwise agreed, prices are exclusive of taxes, which will be charged under applicable law. Non-payment may lead to suspension of the service after notice. [Detail the specific commercial model once defined.]

6. Service level and support

ALIVIO will use commercially reasonable efforts to keep the Platform continuously available, except during scheduled maintenance windows or force majeure. ALIVIO may carry out improvements and updates. Support is provided via the channels indicated at [email protected]. [Include a specific SLA (availability, response times) if contractually committed.]

7. Data protection

Where ALIVIO processes personal data on the Customer’s behalf in providing the service, it acts as processor under the Data Processing Agreement, which forms an integral part of these Terms. Processing of data for which ALIVIO is the controller is governed by the Privacy policy.

8. Intellectual property

The Platform, its software, design, trademarks and documentation belong to ALIVIO or its licensors. ALIVIO grants the Customer a non-exclusive, non-transferable and revocable licence to use the Platform, limited to the term of the service and its purpose. Data and content entered by the Customer remain its property; the Customer grants ALIVIO the permissions needed to host and process them to provide the service.

9. Confidentiality

Each party will keep confidential the other’s non-public information accessed in connection with the service and use it only to perform these Terms, save where disclosure is legally required.

10. Warranties and liability

The Platform is provided “as is” to the extent permitted by law. To the maximum extent permitted by applicable law, ALIVIO shall not be liable for indirect damages, loss of profit or data loss arising from causes beyond its control, and its total aggregate liability shall be limited to the amounts actually paid by the Customer in the 12 months prior to the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law (wilful misconduct or gross negligence).

11. Suspension and termination

Either party may terminate the service as agreed or for uncured material breach. ALIVIO may suspend access in case of security risks, non-payment or use contrary to these Terms. On termination, and save for legal retention obligations, the Customer may export its data for a reasonable period, after which it will be deleted under the Data Processing Agreement.

12. Changes

ALIVIO may amend these Terms for legal, technical or service reasons, giving reasonable prior notice. Continued use after they take effect implies acceptance.

13. Governing law and jurisdiction

These Terms are governed by Spanish law. For any dispute, the parties submit to the courts of Valencia, unless a different mandatory jurisdiction applies.