Condiciones del Servicio

1. Acceptance of Terms

These Terms of Service (the "Terms") govern your access to and use of the Taplany platform, including the marketing website at taplany.com, the customer-facing application, the API, and any related services (collectively, the "Service"), provided by Albert Sabaté Martínez @ Taplany ("Taplany", "we", "us"), with registered address at Carrer Gretel Ammann Martinez, 12, 08020 Barcelona, Spain, and tax identification number ES47986151D.

By creating an account, accessing, or using the Service, you ("Customer", "you") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "Customer" refers to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not use the Service.

These Terms are entered into in accordance with Spanish Royal Legislative Decree 1/2007 (General Law for the Defence of Consumers and Users) and Law 34/2002 on Information Society Services and Electronic Commerce ("LSSI-CE").

2. Description of the Service

Taplany is a software-as-a-service platform that enables travel agencies to manage trips, bookings, customers, communications, content, and related operations. The Service may include, depending on the subscription plan, features such as content management, booking workflows, payment integration, customer relationship management, AI-assisted content generation, and integrations with third-party providers.

The Service is provided strictly as a tool. Taplany is not a travel agent, tour operator, or organizer of package travel within the meaning of EU Directive 2015/2302. All travel-related contracts are formed exclusively between the Customer and its end travelers, and Customer is solely responsible for the lawful sale and provision of those travel services.

3. Accounts and Security

To use the Service, you must register an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the confidentiality of your credentials
• Be responsible for all activity that occurs under your account
• Notify us immediately of any unauthorized access or security incident

You may only create an account if you are at least 18 years old and legally able to enter into a binding contract.

4. Subscription, Fees, and Payment

Plans and Fees

The Service is provided on a subscription basis. Applicable fees, plan features, and billing periods are set out in the order form, the pricing page, or other written agreement (the "Order"). Fees are quoted in Euros (EUR), exclusive of any applicable taxes.

Taxes

Spanish Value Added Tax (IVA) at the statutory rate in force from time to time (currently 21%) will be added to invoices and is payable by the Customer in addition to the fees, except where one of the following applies:

• EU B2B (reverse charge): where the Customer is a taxable person established in another EU Member State and provides a valid VAT identification number registered in the VIES system, the supply will be invoiced without IVA under the reverse-charge mechanism (Article 196 of Council Directive 2006/112/EC and Article 84.Uno.2º of Spanish Law 37/1992 on IVA). The Customer is responsible for self-assessing the tax in its own jurisdiction
• Non-EU customers: supplies to Customers established outside the European Union are not subject to Spanish IVA, in accordance with Articles 69 and 70 of Spanish Law 37/1992
• Spanish consumers and Spanish businesses: invoices include IVA at the applicable rate

The Customer is responsible for any other taxes, duties, levies, or withholdings imposed by any authority in connection with the Service (excluding taxes on Taplany's net income). If withholding tax applies, the Customer will gross up the payment so that Taplany receives the full invoiced amount net of any withholding.

Billing and Auto-renewal

Unless otherwise stated in the Order, subscriptions renew automatically at the end of each billing period for an additional period of equal length, at the then-current applicable fees. You may cancel auto-renewal at any time before the next billing date through your account settings.

Payment Processing

Payments are processed by Stripe, Inc. By providing payment information, you authorize us (and our payment processor) to charge the applicable fees. If a payment fails, we may suspend or terminate your access to the Service after reasonable notice.

Price Changes

We may change the fees for renewal periods upon at least 30 days' prior written notice. If you do not agree, you may cancel before the change takes effect.

Refunds

Except where required by mandatory consumer-protection law, fees are non-refundable and no refunds or credits will be issued for partial subscription periods, unused features, or downgrades.

5. Customer Data

"Customer Data" means all data, content, and information that you or your authorized users submit to or generate through the Service.

You retain all rights, title, and interest in and to Customer Data. You grant Taplany a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide the Service to you and to comply with our legal obligations.

You represent and warrant that:

• You have all necessary rights, consents, and authority to submit Customer Data to the Service and to grant the license set out above
• Customer Data does not infringe any third-party rights, including intellectual-property and privacy rights
• Your use of the Service complies with applicable law, including the GDPR, the LOPDGDD, and consumer-protection rules

To the extent Customer Data contains personal data of third parties (including end travelers), you are the data controller and Taplany is the data processor. Such processing is governed by our Data Processing Agreement, which is incorporated into these Terms by reference and made available at hello@taplany.com on request.

6. Acceptable Use

You agree not to, and not to permit any user to:

• Use the Service in violation of any law or regulation
• Upload or transmit content that is unlawful, defamatory, obscene, infringing, fraudulent, or otherwise objectionable
• Attempt to interfere with, disrupt, or compromise the integrity or security of the Service or its underlying infrastructure
• Reverse-engineer, decompile, or attempt to discover the source code of the Service, except to the extent expressly permitted by mandatory law
• Use the Service to build a competing product or to benchmark its features for a competitor
• Resell, sublicense, or otherwise commercialize access to the Service beyond the use rights granted in these Terms
• Use automated means (other than the documented API) to access or scrape the Service in volumes that exceed reasonable use
• Send spam or unsolicited communications through the Service in violation of applicable law
• Bypass any rate limits, quotas, or access controls

7. Intellectual Property

The Service, including its software, design, branding, documentation, and all related intellectual property, is and remains the exclusive property of Taplany and its licensors. Except for the limited use rights expressly granted in these Terms, no rights are granted to you, whether by implication, estoppel, or otherwise.

You grant Taplany the right to use your name and logo to identify you as a customer in marketing materials, subject to your reasonable trademark guidelines. You may withdraw this permission at any time by writing to hello@taplany.com.

8. AI-Assisted Features

Some features of the Service use third-party generative-AI models (currently Anthropic) to assist with content creation, summarization, translation, and similar tasks. You acknowledge that:

• AI output may contain inaccuracies, omissions, or biased content and must be reviewed by you before being published or relied upon
• You are solely responsible for the AI output you choose to use, publish, or otherwise act upon
• Taplany makes no warranty as to the accuracy, fitness, or non-infringement of AI output
• Customer Data submitted to AI features is not used by the AI provider to train its foundation models

9. Third-Party Services

The Service may integrate with third-party services (e.g. Stripe, Meta WhatsApp Business, Google Analytics, Cloudflare, Resend, Sentry, Mixpanel). Use of those services is subject to the third party's own terms and privacy policies, and Taplany is not responsible for their performance, availability, or content.

10. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is identified as confidential or that should reasonably be understood to be confidential ("Confidential Information"). The receiving party will use Confidential Information only as necessary to perform under these Terms and will protect it with at least the same degree of care it uses for its own confidential information (and no less than reasonable care). This obligation does not apply to information that is or becomes public through no fault of the receiving party, was rightfully known prior to disclosure, is independently developed, or is required to be disclosed by law.

11. Service Availability

We aim to make the Service available on a 24/7 basis, but we do not guarantee uninterrupted availability. Scheduled maintenance, emergency maintenance, third-party-service outages, and force majeure events may affect availability. Specific availability commitments, if any, are set out in the Order or in a separate Service Level Agreement.

12. Suspension and Termination

We may suspend or terminate your access to the Service immediately if:

• You materially breach these Terms and fail to cure the breach within 15 days of written notice (or immediately, where the breach is incapable of cure)
• Your use poses a security, legal, or reputational risk
• You fail to pay fees when due
• We are required to do so by law

You may terminate your subscription at any time through the account-cancellation flow or by written notice. Upon termination:

• Your right to access and use the Service ceases immediately
• We will retain Customer Data for 30 days, during which you may export it. After this period, Customer Data will be deleted in accordance with our data-retention policy and any applicable legal obligations
• Sections that by their nature survive termination (including 5, 7, 10, 12, 13, 14, 15, 17, and 19) will survive

13. Warranty Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. NOTHING IN THIS SECTION LIMITS ANY MANDATORY CONSUMER RIGHTS THAT CANNOT BE EXCLUDED BY LAW.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY
• EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO TAPLANY UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY
• THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (I) FRAUD OR WILLFUL MISCONDUCT; (II) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY APPLICABLE LAW

15. Indemnification

You will defend, indemnify, and hold harmless Taplany and its representatives from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Service in violation of these Terms or applicable law; (ii) Customer Data, including any claim that it infringes third-party rights; or (iii) any travel services or other goods or services you sell to your end customers using the Service.

16. Privacy and Data Protection

Our processing of personal data is described in our Privacy Notice. Where Taplany processes personal data on your behalf, the Data Processing Agreement applies. You are responsible for meeting your own obligations as data controller under the GDPR and applicable national law.

17. Modifications to the Terms

We may modify these Terms from time to time. Material changes will be communicated by email or through the Service at least 30 days before they take effect. If you do not agree to the modified Terms, you must stop using the Service before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the modified Terms.

18. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, third-party-service outages, or government action.

19. Governing Law and Jurisdiction

These Terms are governed by Spanish law, without regard to its conflict-of-laws principles. Subject to any mandatory consumer-protection rules, the courts of the city of Barcelona, Spain, will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service.

For disputes initiated by a consumer who is resident in the European Union, the European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

20. Miscellaneous

• Entire agreement. These Terms, together with the Order, the Privacy Notice, the DPA, and any policies referenced herein, constitute the entire agreement between the parties with respect to the Service
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect
• No waiver. A failure to enforce any provision of these Terms is not a waiver of any later enforcement
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets
• Notices. Notices to Taplany must be sent to hello@taplany.com. Notices to Customer will be sent to the email address associated with the account
• Language. These Terms are made available in English, Spanish, and Catalan. In the event of any inconsistency between the language versions, the English version will prevail, except where mandatory consumer-protection rules require otherwise

21. Contact

Albert Sabaté Martínez @ Taplany Carrer Gretel Ammann Martinez, 12 08020 Barcelona, Spain Tax ID (NIF): ES47986151D Email: hello@taplany.com