Legal Notice - PaynoPain Solutions

0. Aim

PaynoPain Solutions SL. is a company located at Centros Europeos de Empresas Innovadoras (CEEI) C/Ginjols, 1 Edificio Ivace 12.003 Castellón de la Plana, Spain and whose VATIN is B 12871216. The contact email address is the following: info@paynopain.com

The Service (now known as PaynoPain) can be offered from different URLs and/or by different brands. The present Terms of Use cover services carried out from the URL that gives access to these Terms of Use and, therefore, to the very page that provides the service.

This document represents an agreement between you and PaynoPain Solutions SL. that contains the terms that will regulate the use that you make of PaynoPain’s service. This contract, together with all of PaynoPain’s updates, additional terms, guidelines and policies, constitutes the ‘contract’ between you and PaynoPain Solutions SL. You agree to comply with the conditions set forth in these terms. No changes will be accepted, and PaynoPain Solutions SL. can deny you access to the PaynoPain Service if you fail to respect any single regulation mentioned in this contract.

1. Definition of the Service

PaynoPain Solutions SL. is the sales and distribution manager of PaynoPain’s Service, which allows mobile payments to be made and received, in accordance with the terms and conditions established in this contract.

2. Use of the Service

a) Applicable Terms. This contract will apply to any use of PaynoPain’s Service.
b) Minimun Age Required. This service is solely at the disposal of people of legal age. You consent to the use of this service, and accept that PaynoPain Solutions SL. will not be held responsible for the content acquired through PaynoPain. You accept that PaynoPain Solutions SL. does not guarantee the accuracy of this service.
c) System requirements. Given that use of the Service includes the use of hardware, software and internet access, your ability to use it could be affected by the performance of these factors. You recognise and accept that obtaining the suggested system requirements is your responsibility.
d) Permanence of purchases and sales. All transactions made through the PaynoPain Service are final. You will not be able to cancel a purchase made through PaynoPain once the subscription process has been completed. The PaynoPain Service commences immediately after you have correctly finalised your subscription to the Service.
e) Privacy Policy. The Service will be subject to PaynoPain Solutions SL.’s Privacy Policy. If you have still not read PaynoPain Solutions SL.’s Privacy Policy, please do so now.
f) User Account Security. You will be able to open an account when registering for the Service. You are responsible for maintaining the confidentiality of all data related to your account. You must not reveal this information to anyone nor must you use anyone else’s account. You will be entirely responsible for all activity on your account and you must notify PaynoPain Solutions SL. immediately of any unauthorised use of your account, or any other security violation that you may be aware of. PaynoPain Solutions SL. will not be held responsible any losses derived from unauthorised use of your account that is not due to an error on PaynoPain Solutions SL.’s part.
g) Product-Related Requirements. You recognise that certain content acquired through the Service may require the use of other hadrware and software products, and that possessing said hadrware and software products is your responsibility.

3. Use of Services. Rules of Use

a) The contracting party promises to not use the service to carry out commercial transactions that may constitute a crime. PaynoPain Solutions SL. reserves the right to demand the documentation or the necessary data to ensure correct use of the service, and to guarantee that it is not being used for criminal activity.
b) The license of use of the payment system(s) granted in your favour by virtue of this contract permit you – and only you, as an authorised user or licensee – to use the(se) system(s) for private and/or commercial purposes, and not for redistribution, transfer, or sublicensing, to the extent permitted by law or by written authorisation from PaynoPain Solutions SL.
c) You promise to not try by yourself, encourage or help anyone else to evade or modify any security technology, source code or software that makes up the Service, or is used to manage the Rules of Use, or in order to interfere with, alter or erase any right to the management of information related to the services.
d) The technical implementation of the Service, including the source code does not mean a transfer, in your favour, of any right to commercial or promotional use of the products and/or technology that allow the provision of the service on PaynoPain Solutions SL.’s behalf.
e) You acknowledge that your use of the service and receipt of the software and any other data destined for the correct implementation of the service represents your agreement to use such services and/or products only in accordance with the Rules of Use, and that any other use of the services and/or products may constitute a copyright infringement.
f) PaynoPain Solutions SL. is in no way responsible for the goods or services acquired through its payment system. Likewise, PaynoPain Solutions SL. has no responsibility other than the correct provision of the service, and the contracting party deliberately accepts to excuse PaynoPain Solutions SL. from any infraction of the current law from or in the region in which the Service is used. The contracting party takes full legal responsibility for the use of the Service.

4. Territory and general compliance with the law

The Service is controlled by PaynoPain Solutions SL. from their office in Castellón de la Plana, Spain. You promise to comply with all local and national laws, ordnances, rules and regulations applicable to your use of the Service.

5. Intellectual property

a) Recognition of Property. You recognise that the Service, including but not limited to, the source codes, associated programmes, encryption keys and any other material or piece of information provided by PaynoPain Solutions SL. and used to install the Service, contains information and material of a private nature that are property of PaynoPain Solutions SL. and/or its licensors, and are protected by legislation regarding intellectual property and by other laws including, but not limited to, copyright laws. You promise to not use in any way the aforementioned private information or materials, unless in relation with use, on your behalf, of the Service that complies with the terms in this contract. No part of the Service may be reproduced in any way, unless expressly permitted in this document. You promise to not modify, transfer by rent, lease or loan, sell, distribute or create work derived in any way from the Servivce, and you will not exploit the Service in any unauthorised manner.
b) Removal of Content and other Materials. In spite of any regulation previously stated in this contract, PaynoPain Solutions SL. and its licensors reserve the right to modify the Service and, therefore, can – in a reasonable manner – modify, suspend, retract or block access to the Service should the contracting party fail to respect any clause in this contract, and if there are enough reasons that could be harmul to PaynoPain Solutions SL. in the face of other clients, authorities, financial entities, etc…at any moment and without prior warning. PaynoPain Solutions SL. can likewise impose limits on the use of certain parts of the Service, in any case and without being obliged to give notification or assume any responsibility if the purpose of this is to avoid misuse of the Service.
c) Copyright. All royalties related to the material provided are the property of PaynoPain Solutions SL. and/or its licensors, who reserve all their rights in law and equity. PaynoPain Solutions SL. has all the relevant licences for the material provided. Use of any part of the Service that differs for what is permitted in these Terms and Conditions is strictly phohibited, will constitute an infraction of the intelectual property rights of third parties, which can be punishable by civil or criminal punishment, including the payment of compensation for damages derived from the copyright infringement.
d) Brands. All brands and graphical content of the PaynoPain Service, as well as other trademarks, service marks, graphics and logos used in relation to the Service are brands or registered trademarks of its members. Other trademarks, service marks, graphics and logos used in relation to the Service could be the brands of its respective owners. You shall be granted no right or licence with regards to the aformentioned trademarks and their use.

6. Payment obligation

a) Payment for the services. By contracting the PaynoPain Service, you promise to pay the prices indicated on our website for all the contracted services. The quantity and renewal period to pay will depend on the terms agreed to by the parties, and on the chosen method of payment (credit card or WAP billing). You accept that PaynoPain Solutions SL. can affect the agreed amount of each transaction carried out via the contracted payment system, as in any additional quantities (including, where appropriate, outstanding taxes and charges) that may be accrued in relation to your account. In will be your responsibility to make all payments for services contracted through PaynoPain Solutions SL. on time.
b) Access to the Service will be indefinite as long as the contrary is not indicated by any of the parties involved. The contracting party must inform PaynoPain Solutions SL. of the request to suspend or terminate the service with a minimum of one and a half month’s notice, in order to allow PaynoPain Solutions SL. to finalise the management and closure of the accounts of the aforementioned client.
c) Right to modify prices and availability of the services. The prices and availability of the service(s) may be modified at any moment with the purpose of being able to keep the service working and/or to achieve the improvements or modifications necessary for its correct working order.
d) PaynoPain accepts credit cards or payments through your account. The operation will appear as paid with the purchase order number noted on your PaynoPain panel on your account statement. In the event of payment through your account, the operation will appear as charged to your telephone bill. PaynoPain Solutions SL. can obtain the prior approval of the credit card company for the amount of the order. PaynoPain Solutions SL. accepts payments from the following cards: American Express, Visa and MasterCard. Credit cards have a daily spending limit that may impede the processing of your order. For assistance with billing questions or any other questions related to the processing of orders from this service, you can send us an email at: soporte@paynopain.com. This email address is being protected from spambots. You need JavaScript enabled to view it, filling out the email form. Emails will be answered as soon as possible.

7. Absence of guarantees

Limitations of Liability. PaynoPain Solutions SL. will loan its service with a reasonable degree of professionalism and diligence. PaynoPain Solutions SL. will make no other guarantee regarding the service, and, in particular, does not guarantee that:

a) the use that you make of the Service will be free of interruptions and errors. You accept that PaynoPain Solutions SL. may occasionally interrupt the service for indefinite periods of time or may cancel the service at any moment for technical or operative reasons, in which case in will communicate said circumstances as far as possible;
b) the service will be free of losses, corruption, attacks, viruses, interferences, acts of piracy or other invasions of security, which will constitute circumstances of force majeure, and PaynoPain Solutions SL. denies any responsibility with relation to the aforementioned.

8. Execution of the present conditions

PaynoPain Solutions SL. reserves the right to adopt all the measures that it considers reasonably necessary or opportune to demand and/or verify compliance with this contract (including, but not limited to, PaynoPain Solutions SL.’s right to collaborate in any judicial process related to your use of the Service and/or products, and/or any complaint made by a third party if the use that you make of the service and/or products is illegal and/or violates the rights of said third party. You acknowledge that PaynoPain Solutions SL. will have the right to communicate any data logging and/or any information regarding your account, in accordance with the applicable data protection legislation, to State security, civil servants and/or any third party, in case it is reasonably necessary or opportune to demand and/or verify the compliance of any party with this contract.

9. Resolution

a) Grounds of infringement. If you fail to comply, or PaynoPain Solutions SL. has well-founded reason to believe that you have violated any of the regulations of this contract, including, but not limited to, you not making payments that you owe, you not giving PaynoPain Solutions SL. a valid payment account or correct and complete credentials, you don’t protect your account information, you violate the Rules of Use or any other licence related to the software or you violate the rights of a third party, PaynoPain Solutions SL. may, by free choice: (i) resolve this contract and/or cancel your account, in which case you will still be responsible for all payments owed on your account until the date of the resolution, and/or (ii) impede access to the Service (or any part of it).
b) Modification or termination of the contract. PaynoPain Solutions SL. reserves the right to modify, suspend or cancel the Service (or any part of it) at any moment and without any liability.
c) Should it be verified that the Rules of Use and/or its policies have been violated, or that the PaynoPain Service has been misused in a way that could result in damages to PaynoPain Solutions SL. or to the correct provision of the Service, PaynoPain Solutions SL. reserves the right to suspend and retain the accrued amounts, which will be designated to social projects with altruistic aims for our associates. Additionally, this contract will be nullified and of no value, waiving the contracting party of the service’s right to make a claim on the retained amounts, leaving them to be freely available for PaynoPain Solutions SL.

10. Changes

PaynoPain Solutions SL. reserved the right to update, revise, add to or modify this contract at any moment, and to establish new and additional rules, policies and conditions related to the use of the Service according to what the financial entities and current legislation demand or even the needs of PaynoPain Solutions SL. in order to be able to continue providing the Service correctly.

11. Complete agreement

This contract constitutes the entire agreement between you and PaynoPain Solutions SL. and governs the use that you make of the Service, superseding any prior agreements between you and PaynoPain Solutions SL. in relation to the PaynoPain Service. If any provision of this agreement were to be declared invalid by a competent tribunal, other provisions shall remain in force in all aspects. PaynoPain Solutions SL. will not be responsible for any failure to perform any of its obligations due to causes beyond its control.

12. Applicable Law

This contract and the use of the Service are governed by the laws of Spain. This agreement shall be construed and enforced under Spanish laws. Both parties, waiving any other jurisdiction that may correspond to them, are subject to the Courts and Tribunals of Castellón de la Plana in order to resolve any issues that may arise as a result of what was agreed in the contract and the interpretation of the same.

13. Privacy

In accordance with Regulation No. 2016/679/, of 27/04/16 of the European Parliament and the Council, as well as in matters of services of the information society and electronic commerce services, the user expressly accepts and is informed that the personal and economic data (account numbers, credit card numbers and any other data provided by the user) is processed by:

-PAYNOPAIN SOLUTIONS, S.L., with VAT number B-12871216 and registered office at the European Center for Innovative Companies (CEEI), C / Ginjols, 1, Ivace Building 12.003 Castellón de la Plana. Email: info@paynopain.com.

At PAYNOPAIN SOLUTIONS, S.L. the data processing is carried out for the following purposes:

1.- Facilitate the provision of the requested services.

2.- Management of administration and billing tasks.

3.- Contact the sender of the information, reply to your request and manage any incident that may arise in the provision of the service.

4.- Manage and control the client portfolio.

5.- Manage, where appropriate, the user registration process.

6.- Manage, where appropriate, the user’s profile to send them commercial information about our services.

You are also informed that the data for the management of the relationship with the client and the billing and collection of services will be kept for the entire time that the contract is in force. Once this relationship has ended, where appropriate, the data may be kept for the time required by applicable law and until the possible responsibilities arising from the contract prescribe.

The data for the management of queries and requests will be kept for the time necessary to respond to them, with a maximum period of one year.

The data for sending commercial communications and preparing commercial profiles of our products or services will be kept indefinitely until, where appropriate, the user expresses his will to delete them.

The user will be responsible, in any case, for the veracity of the data provided, PaynoPain Solutions SL reserving the right to exclude from the registered services any user who has provided false or inaccurate data without prejudice to other actions that may be in Law.

Any user who provides us with their data has the following rights:

-To obtain confirmation on whether we are treating personal data that concerns him/her. Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which they were collected.

-In the conditions provided in the General Data Protection Regulation, the interested parties may request the limitation of the treatment of their data or its portability, in which case we will only keep them for the exercise or defense of claims.

-In certain circumstances and for reasons related to their particular situation, the interested parties may oppose the processing of their data. If consent has been granted for a specific purpose, you will have the right to withdraw it at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal. In these cases, the data will no longer be processed for that specific purpose, except for legitimate reasons or for the exercise or defense of possible claims.

-All the aforementioned rights can be exercised through the contact means listed by the person responsible for the treatment of this privacy policy.

-Against any violation of rights, especially when satisfaction is not obtained in its exercise, you can file a claim with the Spanish Agency for Data Protection (contact details accessible at www.agpd.es) or another competent control authority. You can also get more information about the rights that assist the user by contacting said organization.

14. Return Policy

The User will consult with his bank and, when appropriate, with the Supplier’s bank, any other term or Conditions in relation to the conditions of the reimbursements for payments not executed, defective or delayed.