TERMS & CONDITIONS
Welcome to TRABITAT. These Terms and Conditions govern access to and use of the services offered by TRABITAT GLOBAL S.L., with registered address at C/ Dr. Guiu, 19B, 28035 Madrid, Spain, Tax ID (NIF): B26838136. Please read them carefully before using our services.
1. Definitions
1.1 “Client” refers to any person who accepts this Agreement and uses our software, products, services, interacts with our websites or mobile applications, unless such person accepts it on behalf of a company, in which case “Client” designates such entity, which may be a company or organization (non-exhaustive list). TRABITAT and the Client shall be referred to individually in this Agreement as a “Party” and collectively as the “Parties.”
1.2 “End Users” means the Client’s customers.
1.3 “TRABITAT Software” refers, collectively or individually, to the technologies created and/or designed by TRABITAT that the Client may use to access the services provided, including the TRABITAT Control Panel and application programming interfaces (API).
1.4 “TRABITAT Control Panel” refers to the online portal through which the Client manages settings, selects the Client Plan, any other Service, and monitors the use of the Client Account.
1.5 “TRABITAT Services” refers to our software, mobile applications, products, services, and websites.
1.6 “Updates” refers to improvements, bug fixes, updates, and new versions made to the TRABITAT Software and provided to the Client.
1.7 “Applicable Laws” refers to all laws, regulations, rules, administrative orders, directives, treaties, conventions, and/or judicial or administrative decisions of any competent authority having jurisdiction over the Services, the Client, and/or the Client’s use of the Services, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and its Spanish implementing regulations.
1.8 “Support” refers to the free, community-based online help forums sponsored by TRABITAT, as well as personalized assistance with the Services available by email, calls, or other means of communication, at TRABITAT’s sole discretion.
1.9 “Website” refers to the TRABITAT website or any successor URL.
2. Agreement Between You and TRABITAT
2.1 Please read the following Terms of Service (“Terms”) carefully. By accessing our website and/or using the TRABITAT Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as the terms and conditions of our Privacy Policy, when using any Service offered by TRABITAT GLOBAL S.L., a limited liability company registered with the Madrid Commercial Registry, with registered address at C/ Dr. Guiu, 19B, 28035 Madrid, Spain, Tax ID (NIF): B26838136 (referred to as “TRABITAT,” “we,” “our,” or “us”).
The term “you” in these Terms refers both to you in your individual capacity and, where applicable, to the company or other legal entity you represent and on whose behalf you use the Service.
2.2 To use the Service, you must accept these Terms. You may accept them by clicking the acceptance box or by using our Services. TRABITAT will consider your use of the Service as acceptance of these Terms from the moment you first use it.
2.3 If you enable additional functionalities or features available through the Services (“Additional Features”), you may be presented with additional terms related to the use of such features (“Additional Terms”). By using the Additional Features, you agree to the Additional Terms. In the event of conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.
3. General Terms and Conditions
3.1 TRABITAT GLOBAL S.L. is legally registered in Spain and operates in accordance with Spanish law and European Union regulations, holding the necessary permissions to provide its services.
3.2 If you are located in the European Union, before using our services you must read and accept the TRABITAT Data Processing Addendum, drafted in accordance with the General Data Protection Regulation (GDPR).
3.3 Our Services may only be used by adults. You and your users must be at least 16 years old to use them, in accordance with Article 8 of the GDPR. We will delete any information collected from a user under 16 as soon as we become aware of it. If you need to delete your account or that of a minor, contact us at info@trabitat.com. By using our services, you represent and warrant that you are at least 16 years old.
3.4 You are responsible for maintaining the security of your use of our services. TRABITAT shall not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.5 You are responsible for all content posted and activities occurring under your identity on the Services.
3.6 You may request the removal of content posted on our website by contacting us. We will make reasonable efforts to review such requests and remove content and users we determine should be removed, at our discretion and in accordance with these Terms and applicable law. However, if the content has already been distributed to other websites or media, we may not be able to retrieve or delete it. A residual copy of deleted content may remain on backup servers.
3.7 Unless specifically requested, we do not solicit or wish to receive confidential, secret, or proprietary information via email or otherwise. Any material submitted by you (including text, photographs, graphics, audiovisual content, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials) (collectively, “Submitted Materials”) will be deemed non-confidential and may be used by TRABITAT in a manner consistent with the Privacy Policy. By submitting such materials, you represent that they do not infringe third-party rights, do not contain defamatory or unlawful material, and do not include viruses or other malicious software.
3.8 Verbal, physical, written, or other abuse (including threats of abuse or retaliation) toward any Service client, TRABITAT employee, or officer will result in immediate action by the company.
3.9 TRABITAT’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and TRABITAT and govern your use of the Service, superseding any prior agreements.
3.10 TRABITAT grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to interact with your End Users. All rights not expressly granted are reserved by TRABITAT.
3.11 End User access to the Services shall be governed by their own terms of service, provided that you are responsible for ensuring that: (i) TRABITAT retains ownership of its intellectual property at all times and End Users are not granted rights over it; (ii) TRABITAT provides no direct or implied warranties to End Users; (iii) you do not make representations or warranties to End Users regarding the Service except where you have the necessary rights; (iv) TRABITAT is a direct and intended beneficiary of your terms; and (v) TRABITAT is not liable to End Users under any circumstances.
3.12 Free Trial. TRABITAT may, at its discretion, offer a free trial of the TRABITAT Software for a specific period. During such trial period, the Client shall be subject to this Agreement and to any applicable laws, regulations, and generally accepted practices or guidelines in relevant jurisdictions.
4. Accounts
4.1 In order to use the Service, you must register with us to open a TRABITAT account (“Account”). By opening an Account, you represent and warrant that:
(a) you are 18 years of age or older;
(b) all information you provide in connection with opening and using your Account is true, accurate, current, and complete;
(c) you will immediately notify us if your information changes so that we can update our records; and
(d) your use of the Service does not violate any applicable law, rule, or regulation.
4.2 You are solely responsible for maintaining the security and confidentiality of your Account information, including your username and password, and for any activity occurring through your Account. You agree to immediately notify TRABITAT if you become aware of any unauthorized use of your Account, username, or password, or any other breach of security. The use of another person’s account, username, or password is strictly prohibited. TRABITAT shall not be liable to you or any third party for your failure to comply with these obligations.
5. Pricing and Payment
5.1 Fees. To benefit from TRABITAT’s services, the Client is subject to payment of the applicable service fees, payable by subscription. Fees vary depending on the services contracted. The fee schedule and available Subscription Plans are specified on the TRABITAT Website or communicated directly to the Client. Fees are charged automatically on a recurring basis. By contracting with TRABITAT, the Client agrees to pay the costs in accordance with these Terms.
5.2 Billing Currency. The billing currency will depend on the Client’s billing address. The supported currency is the euro (EUR). The Client will be invoiced in the agreed currency, with fees calculated according to the exchange rate applicable at the close of the last business day of the quarter preceding the billing date.
5.3 Taxes. Unless otherwise stated, all fees exclude VAT and any other taxes, levies, or duties imposed by competent tax authorities. The Client is responsible for payment of all applicable taxes in accordance with Spanish and European legislation. TRABITAT is not responsible for Internet service fees or other costs arising from the Client’s use of the Services.
5.4 Fee Modifications. TRABITAT reserves the right to modify its fees at its sole discretion, committing to inform the Client within a reasonable period. In the event of disagreement, the Client may terminate the contract within eight (8) days following notification. If no termination occurs within this period, the Client will be deemed to have accepted the new pricing.
5.5 Payment Terms. The Client agrees to pay all invoices within seven (7) days from the invoice date. Otherwise, TRABITAT reserves the right to suspend services until payment is made within fifteen (15) days from the suspension date. Failure to pay may result in termination of the contract.
5.6 Payment Methods. The Client must provide valid credit or debit card information and/or bank account details and expressly authorizes TRABITAT or any entity acting on its behalf to charge monthly or annual fees according to the selected Subscription Plan and billing frequency.
5.7 Disclaimer. TRABITAT shall not be responsible for expired cards, insufficient funds, or other charges incurred due to failed debit attempts.
5.8 Refunds. If Clients are dissatisfied and there are reasonable grounds to believe that service quality has been affected, TRABITAT may, at its sole discretion and after evaluation, issue partial or full refunds.
5.9 Refund requests must be submitted prior to contract termination, explaining the issues encountered. If granted, refunds will be made using the same payment method unless otherwise expressly requested.
6. Service Availability and Support
6.1 Each User will generate a username and password during registration and is responsible for maintaining their confidentiality. TRABITAT reserves the right to access Accounts to respond to technical support requests and may monitor Services and data, though it is not obligated to do so.
6.2 TRABITAT shall:
(i) make the Services available in accordance with this Agreement;
(ii) provide Support via email or the Website; and
(iii) use commercially reasonable efforts to ensure 24/7 availability, except for planned downtime and events beyond its control (force majeure, ISP failures, denial-of-service attacks, etc.).
6.3 Technical support is provided during business hours (3:00 PM – 11:00 PM Spanish mainland time, Monday to Friday on business days / 10:00 AM – 6:00 PM Dominican Republic time, Monday to Friday on business days).
7. Privacy, Security, and Confidentiality
7.1 Privacy. TRABITAT will process Client data only as permitted by the GDPR, Spanish Organic Law 3/2018 (LOPDGDD), our Privacy Policy, and this Agreement.
7.2 Confidential Information. The Parties agree to maintain strict confidentiality regarding information designated as confidential.
7.3 Exclusions. Confidential Information does not include information that is public, independently developed, lawfully obtained from third parties, or required to be disclosed by law.
7.4 Protection. Each Party will protect the other’s Confidential Information with reasonable care. Confidentiality obligations survive termination for one (1) year, except trade secrets, which remain protected indefinitely.
8. TRABITAT Intellectual Property Rights
TRABITAT owns all rights, title, and interest in the Services and related intellectual property. Anonymous aggregated Usage Data belongs to TRABITAT. No rights to trademarks or branding are granted. Patent infringement claims against TRABITAT related to the Service are prohibited.
9. Restrictions on Use
You agree not to hack, scrape, reverse engineer, impersonate others, conduct illegal activities, bypass security, or misuse the Services in any way, including use for weapons-related purposes. Workspace and messaging limits apply. Messages retention periods apply as stated.
10. Your Content
You are solely responsible for your Content. TRABITAT may monitor, remove, or filter Content at its discretion. You retain intellectual property rights but grant TRABITAT a worldwide, royalty-free license to process Content for service provision. Disclosure may occur only as authorized or legally required.
11. Feedback
All Feedback is non-confidential and assigned to TRABITAT without compensation. TRABITAT may freely use such ideas.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TRABITAT DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nothing excludes liability that cannot legally be excluded under applicable law.
13. Limitation of Liability
To the maximum extent permitted by law, TRABITAT is not liable for indirect or consequential damages. Total liability shall not exceed the amounts paid by the Client in the three (3) months preceding the claim. Services are not for emergency use.
14. Indemnification
You agree to indemnify and hold harmless TRABITAT and its affiliates against third-party claims arising from misuse of Services or violation of these Terms.
15. Changes to the Service
TRABITAT may modify, suspend, or discontinue Services at any time without liability.
16. Termination
Subscription services may be canceled anytime via the Control Panel or Support. Data may be permanently deleted after 30 days. TRABITAT may suspend or terminate accounts for violations, legal reasons, inactivity (free accounts over two months), or other specified circumstances. Certain obligations survive termination.
17. Governing Law and Dispute Resolution
These Terms are governed by Spanish law and applicable EU law. Disputes shall first seek amicable resolution; failing that, exclusive jurisdiction lies with the Courts of Madrid, Spain.
18. Third-Party Websites
TRABITAT may link to third-party websites without responsibility for their content or services.
19. Miscellaneous Legal Terms
Notices may be sent electronically. No third-party rights are created except indemnified parties. TRABITAT may assign its rights; you may not without written consent. Force majeure applies.
20. Questions and Contact
If you have any questions about this Website or these Terms of Service, please contact:
TRABITAT GLOBAL S.L.
C/ Dr. Guiu, 19B
28035 Madrid, Spain
Tax ID (NIF): B26838136
info@trabitat.com