1. Object
1.1. Cofrai 2023 SL (hereinafter "Cofrai") is a company that develops and markets management software and provides value-added services to preventive maintenance companies and companies in similar or adjacent sectors.
1.2. Cofrai provides the Cofrai and Ripci.app products (hereinafter the "Tools"), online tools to manage the business, administration and maintenance operations of installation and maintenance companies, as well as other similar companies with field operations.
1.3. The use of the tools and the provision of the services associated with the tools (hereinafter the "Service") requires the acceptance of the terms and conditions set forth herein and the signing of a Service Agreement.
1.4. Cofrai's tools and services are provided in accordance with the terms set forth herein, which set forth the rights and obligations of the client and Cofrai as service provider (the "Terms and Conditions").
1.5. Cofrai shall assume that any user using the Service has read and accepted the Terms of Use. Use of the tools necessarily implies submission to and acceptance of the Terms and Conditions. Furthermore, Cofrai reserves the right to update and modify the Terms and Conditions without any prior notice, and these are always available at www.cofrai.com/terms-and-conditions.
2. Account conditions
2.1. The tools may only be accessed by persons of legal age, who must provide identification (full real name and surname in the case of a natural person and a company name in the case of a legal person), an e-mail address, as well as any additional information required for registration.
2.2. The customer is solely responsible for the accuracy and legality of the data provided to Cofrai. No other holder of the right of use granted than the one duly identified by Cofrai will be recognised. In any case, in order to change the identification of the holder, the procedure pre-established by Cofrai must be followed. Cofrai reserves the right to delete any account if its veracity is suspected or if it may be in breach of any of the rules of use.
2.3. You are responsible for maintaining the privacy of your account. Cofrai is not responsible for any damage or loss that may result from your failure to protect your login information.
2.4. Likewise, the team that owns the tools reserves the right to interrupt access to the same at any time and without prior notice, whether for security, control, maintenance, power supply errors or for any other reason. If the interruption were to be permanent, this circumstance would be communicated to users, which could lead to the loss, where appropriate, of the information stored.
3. Validity
3.1. The agreement shall be valid from the date on which the service agreement is accepted. Any new features that may be added to the Services shall be subject to the Terms and Conditions. Your continued use of the Service after any modifications shall constitute your agreement to such modifications. The most recent version of the Terms of Use will be available at www.cofrai.com/terms-and-conditions.
3.2. The services are provided by Cofrai from the date of acceptance of the service contract. These services shall be automatically renewed on an annual basis (without prejudice to the possibility of payment on a monthly, quarterly or half-yearly basis). Renewal shall be at the prices in force at the time. It will be necessary that the client entrusted with their management has previously informed the bank account for payment of the corresponding fees.
3.3. Notification of non-renewal of the service must be sent to the email address cofrai@cofrai.com.
3.4. In the event of failure to renew the service, either at the end of the initial period or any of its extensions, or in the event of non-payment of the corresponding fee, access to the tools and the Service will cease within a maximum period of thirty (30) days, without the need for prior notice or requirement.
3.5. Failure to comply with any of the Terms of Use may result in termination of the account.
4. Service and payment
4.1. Cofrai reserves the right to modify or discontinue, temporarily or permanently, the Service at any time and for any reason as it sees fit, with or without notice.
4.2. Cofrai reserves the right to change the fees unilaterally and at any time, without granting any right of compensation to the users. The customer will be informed of changes in fees in his customer area within the tools themselves or by e-mail.
4.3. The Service will be charged each period in advance, by direct debit receipt, and is non-refundable. In this sense, no refunds or credits will be made for partial periods of the contracted service, nor in the event that the user does not make use of it during the period of time in which the account is open.
4.4. The customer expressly agrees for the purpose of fulfilling the banking requirements to debit the indicated bank account of Cofrai for the amounts arising from this contract.
4.5. The user accepts that it will not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively by electronic communication.
4.6. In the event of non-payment or return of the receipt, the user will be notified of non-compliance and will lose the ability to access the Service within a maximum of thirty (30) days. The data will be deleted within thirty (30) days from the date of default.
4.7. No fee includes any taxes or duties required by governmental authorities. The user is responsible for the payment of these taxes or duties.
5. Copyright and intellectual property
5.1. All the contents of the tools are the intellectual property of Cofrai unless otherwise specified. For information purposes, the contents include texts, photographs, graphics, images, icons, technology, software associated with the service and the elements of the user interface contained in the tool and other audiovisual or sound contents, as well as their graphic design and source codes. Likewise, all trademarks or distinctive signs of any kind contained in the tools are protected by law.
5.1 The user shall at all times respect the intellectual and industrial property rights of the tools and undertakes not to copy, adapt, reproduce, distribute, reverse engineer, decompile or disguise any facet of the tool and shall not use robots, spiders, other automated devices or manual processes to control or copy any content of the tool.
5.2 Cofrai shall not claim any rights over the Intellectual Property of the content that the user uploads or provides to the Service. However, by using the Service to submit content, the user agrees that third parties may view and share this submitted content.
5.3 Unauthorised use of the information contained in the tools, as well as any damage caused to intellectual and industrial property rights, may give rise to the exercise of the corresponding legal actions and, if applicable, to the liabilities arising from such exercise.
5.4 The Customer agrees, unless otherwise specified, (i) that Cofrai may identify it as a recipient of services and use its logo in sales presentations, marketing materials and press releases for promotional purposes, in particular on Cofrai's websites, and (ii) to develop a short profile of the Customer for Cofrai to use on its website for promotional purposes.
6. General terms and conditions
6.1. The user is fully responsible for the access and correct use of Cofrai in accordance with current national and international legislation, as well as with the principles of good faith, morality, good customs and public order, and specifically, acquires the commitment to diligently observe the present general conditions of use.
6.2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written consent of Cofrai. You may not use the Service to store, host, or send harmful or unsolicited email (spam).
6.3. In particular, it is forbidden to use this tool for purposes harmful to the property of its owner that in any other way overload, damage or render useless the networks, servers and other computer equipment or products and computer applications of Cofrai or of third parties, where applicable.
6.4. In this regard, the user is asked to pay special attention to the warning messages, as the Cofrai technical team cannot be held responsible for any damage that may be caused to the user's computer equipment due to improper or negligent use of the tool.
6.5. You understand that the Service may be used for the transmission of your content and that, during this process, your content (including invoices, certificates, reports, work orders, checklists, and personal messages) may be transferred unencrypted over the Internet. You may not use the Service to transmit any viruses, worms, or any other malicious or harmful content.
7. Warranties and Liability
7.1. The tools are not designed to meet the particular needs of the customer, but are developed to fulfil a general purpose, so there is no guarantee that the performance of the tools will be as the customer believes it should be, or that they will meet the particular needs of the customer. Nor is there any guarantee that the tools will function without interruption.
7.2. Cofrai shall not be liable for any direct or indirect damage that the use or inability to use the tools may have caused the Customer, even if the Customer has advised Cofrai of the possibility of such damage.
7.3. Cofrai shall not be liable for any damages related to the use or inability to use the application, including loss of data arising from the use of the Software, which is the responsibility of the customer.
7.4. Cofrai's tools are intended for professionals who, on their own responsibility, interpret the calculations and results provided by Cofrai, and Cofrai shall not be liable for any damage and/or harm allegedly caused by the use or non-use of the tools, including interruptions of work, loss of data, economic loss or loss of anticipated profits as a result of their use.
7.5. Cofrai makes no warranties regarding the user's ability to use the Service, the user's satisfaction with the Service, its availability at all times, uninterrupted and error-free, the accuracy of the mathematical calculations performed by the Service and the correctness of the Service's errors.
7.6. Neither Cofrai, its partners, nor its sponsors are liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or in any way connected with your use of the Service. You may only remedy your dissatisfaction with the Service by discontinuing use of the Service and terminating your account.
7.7. Access to Cofrai's tools does not imply any obligation on the part of the technical team in charge of controlling the absence of viruses, worms or any other harmful computer element. It is the user's responsibility, in any case, to ensure the availability of suitable tools for the detection and disinfection of harmful computer programmes.
8. Security and privacy
8.1. Cofrai and the client undertake to treat, at all times, as strictly confidential all information, data and/or documents, regardless of their nature or medium, which are produced in execution of any contract with Cofrai, whether from the client or from Cofrai.
8.2. Given the nature of the Service, the exchange of confidential information between Cofrai and the client may be necessary for the correct provision and development of the contracted Service, which may only be used for the execution of the same, and both parties undertake not to disclose to third parties, even for conservation purposes, the confidential information of the other party without the prior express written consent of the party disclosing the information.
8.3. Furthermore, Cofrai and the client undertake to adopt the necessary security measures to prevent the unauthorised disclosure, duplication, reproduction or communication of confidential information, while at the same time obliging themselves to inform and require their staff to comply with the confidentiality obligations set out in this stipulation and of their liability in the event of unlawful disclosure, by signing confidentiality agreements or clauses.
9. Cancellation and termination
9.1. You may cancel your account at any time, but you will be responsible for all charges made up to that point, as well as any outstanding charges for the remaining term of the contract.
9.2. If the account is terminated, all content will be deleted after thirty (30) days.
9.3. Cofrai reserves the right to terminate an account or prevent the use of the Software by those who do not comply with these terms of use.
10. Return policy
10.1. If during the first 30 days of using Cofrai the user is not satisfied with the service, he/she should contact cofrai@cofrai.com. Cofrai undertakes to find a solution to their needs. The customer will be charged at least the cost incurred by Cofrai during the data onboarding and training process.
10.2. Renewal of subscriptions: subscriptions are automatically renewed until manually cancelled.
10.3. Exception to Cofrai's refund policy: no refund requests will be accepted from users who have had their service suspended or terminated for non-compliance with the terms and conditions.
11. Other
11.1. If any of the conditions described here are invalidated or cannot be applied, the application of any of the remaining conditions shall in no way be affected.
11.2. Any questions regarding the Terms and Conditions should be directed to Cofrai's technical support: help@cofrai.com.
11.3. The Terms and Conditions shall be governed by the laws of Spain. The user and Cofrai agree to submit to the exclusive jurisdiction of the courts of Madrid to resolve any legal matter in relation to the Terms and Conditions.
