Terms and conditions

These terms and conditions govern application development projects contracted through this website with BEINCLOUDS S.L., with tax ID (NIF) B88349683 and registered office at Calle Francisco Silvela 7, escalera 2, planta 1, puerta B, 28028 Madrid ("BeInClouds"). They are expressly accepted at the moment the clickable mockup is accepted.

1. Process and point of commitment

• The quote generated on the website is calculated from the information you provide and is valid for 30 days.
• Approving the quote creates no obligation whatsoever for the client: it merely authorises BeInClouds to prepare a clickable mockup free of charge.
• You may request changes to the mockup or choose not to proceed, at no cost.
• The contract is formed when you accept the mockup and these terms and conditions. From that moment, the scope is fixed by the approved quote and the accepted mockup.

2. Price and payment terms

• The price is fixed for the agreed scope. Amounts are exclusive of VAT.
• Payments: 30% on acceptance of the mockup, 40% on delivery of the feature-complete beta version and 30% on go-live following your validation.
• Invoices are payable by bank transfer within 15 days of issue.

3. Changes of scope

Any feature not included in the accepted quote and mockup will be quoted separately and will only be carried out with your prior written approval.

4. Timescales

The dates in the quote are estimates and are confirmed at the kick-off meeting. Timescales will be extended to the extent that validations, access or materials to be provided by the client are delayed.

5. Development with artificial intelligence

BeInClouds uses artificial intelligence agents to write, test and document code. All code is reviewed by BeInClouds engineers, who are responsible for its quality on the same terms as if it had been written manually.

6. Intellectual property

Once the full price has been paid, the exploitation rights to the source code, designs and documentation developed specifically for the project are assigned exclusively to the client. BeInClouds retains ownership of its tools, generic components and prior know-how, over which it grants the client a perpetual, royalty-free licence to the extent necessary to use the application. Open-source components are governed by their own licences.

7. Warranty

For the 3 months following go-live, BeInClouds will correct free of charge any defects that prevent operation in accordance with the agreed scope. For as long as the client maintains a care plan, this free-of-charge correction will continue throughout the plan's term. The warranty does not cover changes of scope or incidents caused by modifications made by third parties or to the environment.

8. Care after launch (maintenance and operations)

In the quote, the client chooses either a care plan (Basic, Pro or 24/7) or to have its own team manage the application. The chosen plan, its monthly fee, its response time and what it includes are set out in the accepted quote.

• Care begins at go-live. The first months indicated in the quote are included in the price; thereafter the monthly fee is invoiced in advance, VAT not included.
• Depending on the plan, it includes managed hosting, backups, monitoring, security and library updates, bug fixing and, where applicable, a number of improvement days per month. Unused improvement days do not carry over beyond three months.
• There is no minimum term: the client may change plan or cancel it at any time with one month's notice. Upon termination, BeInClouds will provide the documentation and information needed for another team to take over.
• If the client chooses to have its own team manage the application, BeInClouds will deliver the code, the documentation and an operations manual, and will hold a handover session at no additional cost. The client may take out a care plan at a later date.
• Cloud costs arising from exceptional usage (for example, volumes far exceeding those forecast) will be notified to and agreed with the client before being passed on.

9. Confidentiality and data

Both parties shall keep the other party's information confidential. Where BeInClouds processes personal data on behalf of the client, the corresponding data processing agreement shall be signed in accordance with Art. 28 GDPR.

10. Withdrawal and termination

The client may terminate the contract at any time by paying for the work carried out up to that date, with a minimum of the payment milestone in progress. If the client is a consumer, they shall have the rights granted to them by applicable legislation.

11. Liability

The total liability of BeInClouds arising from the project is limited to the amount actually paid by the client, except in cases of wilful misconduct or gross negligence.

12. Governing law and jurisdiction

Spanish law applies. The parties submit to the Courts and Tribunals of Madrid, unless consumer protection legislation provides for a different forum.