Condiciones Generales de Contratación

1. Scope of Application

1.1. These General Terms and Conditions of Contract (hereinafter, the “General Terms”) apply to and form an integral part of the License Agreement for the Use of the Comprehensive Web Platform for Communication, Sales, and Marketing known as “Clientify” (hereinafter, the “Platform”), entered into between the following Parties:

• Clientify, SL, a company with its registered office at Calle Padre Luque, No. 1, 1º-Izquierda, 04001, Almería, Spain, with Tax Identification Number (NIF) B-04800249 and contact email [email protected] (hereinafter, also “Clientify”), as the holder of the intellectual property and commercialization rights of the Platform; and
• The Client: An individual or legal entity that has duly completed and registered the Platform’s registration form or, where applicable, signed the specific conditions of the License Agreement for Use.

1.2. By acquiring the status of Client, the Client fully accepts these General Terms, which the Client acknowledges having read. The Client also fully accepts Clientify’s Legal Notice and Privacy Policy, available at the following links: https://clientify.com/aviso-legal and https://clientify.com/politicas-de-privacidad, which the Client acknowledges having read.

2. Grant of a License to Use the Platform

2.1. Clientify, as the holder of the intellectual property and commercialization rights of the Platform, grants the Client a personal, revocable, non-transferable, non-exclusive, and non-sublicensable license to use the Platform under the terms set forth in these General Terms and, where applicable, in the specific conditions of the License Agreement for Use executed by the Parties.

2.2. Commercialization of the Platform. The Platform is structured into three modules: Communication, Sales, and Marketing, each of which may be contracted independently by the Client, with distinct features, functionalities, tools, and services aimed at optimizing customer management and commercial strategies. Pricing is specified on the website https://www.clientify.com/precios.

• The Communication and Sales Modules are commercialized based on the number of Users.
• The Marketing Module is commercialized based on the number of specific marketing contacts.

Add-ons: In addition to the features, functionalities, tools, and services of each Module, the Client may contract certain Add-ons for an additional fee:

• Specific Add-ons for each Module.
• Cross-Platform Add-ons applicable to the entire Platform, which may be contracted independently of the Module selected.

2.3. The Client may access a Free Trial Period for fourteen (14) days from the date of registration on the Platform. Upon expiration of this period, the Client may subscribe to a paid Premium Account by contracting any of the three Modules: Communication, Sales, and/or Marketing.

2.4. Free Trial Period: During the initial trial period following registration, the Client will have access to a Free Trial Account, enabling use of the Platform with limited functionalities as specified on the website https://new.clientify.com/accounts/signup.

The purpose of the Free Trial Period is to allow the Client to evaluate, with certain limitations, the Platform’s services and features to become familiar with it and determine whether to subscribe to a paid Premium Account.

During the Free Trial Period, Clientify provides no warranties or assumes any liability for the service, which may be interrupted without prior notice at any time.

To maintain seamless communication and provide updates or new Platform features, Clientify may send emails to the address provided in the registration form during the Free Trial Period. The Client may unsubscribe from such emails at any time by following the instructions provided in each email.

Upon expiration of the Free Trial Period, if the Client does not subscribe to a paid Premium Account through any of the available Modules, access to the Platform will be terminated.

Seven (7) days after the expiration of the Free Trial Period, if the Client has not subscribed to a paid Premium Account, Clientify may delete any data or customizations made by the Client through the use of the Platform from its servers.

2.5. Premium Account: Upon subscribing to a paid Premium Account after the Free Trial Period, the Client may use the Platform with all functionalities included in the selected Module.

The Client acknowledges having received and reviewed sufficient information regarding the services, costs, and payment methods associated with the selected Module prior to formalizing and subscribing to a Premium Account. The contractual relationship is formalized upon the Client’s confirmation of acceptance of the final subscription fee, based on the selected Module, country, and payment method, which implies acceptance of the associated payment obligations.

The Client is responsible for and has control over the Premium Account, which serves as the Primary User Account with administrative privileges, allowing the Client to create Secondary User Accounts, manage, cancel, or block access to Secondary User Accounts, and modify the contracted services.

The initial term of the License to Use shall be as selected by the Client (monthly or annual) and shall be automatically renewed for periods of equal duration unless either Party notifies the other of its decision not to renew with at least one (1) month’s prior notice for annual terms or seven (7) days’ prior notice for monthly terms before the expiration of the initial term or any extension thereof. The Client may also change the term duration for any extensions via the Platform.

2.6. Payment Terms:

• Monthly Payment: Credit Card.
• Annual Payment: Credit Card or PayPal.

Payment must be made in full for the selected term in a single transaction, in advance, without any reductions or discounts. Clientify employs the highest commercially available security measures, with the payment process operating on a secure SSL server. The server establishes an encrypted connection to ensure that the information is only intelligible to the Client’s computer and the payment site.

Clientify declares that it does not have access to or store sensitive payment data related to the payment method used by the Client for credit card payments; only the payment processing entity has access to such data as payment managers. Upon completion and confirmation of payment for the license, Clientify will issue the corresponding invoice, using the data provided by the Client, which will be available in the Client’s “Billing Area.” For monthly payments, invoices will be issued with the same frequency upon payment confirmation.

Payments for initial training or implementation, license renewals, or additional Platform functionalities are non-refundable once made.

All User Accounts under the same License to Use will have the same validity period and will expire on the same date.

2.7. Invoicing: Clientify will issue a single invoice upon payment at the start of the contracted term or any extension thereof.

If the Client modifies the contracted License to Use during a paid billing cycle, resulting in a price increase, the modified License fee will be prorated based on the remaining days until the License’s expiration date. If the modification results in a lower price, a credit will be generated in favor of the Client, which may be used for other Platform services or the next renewal. The expiration date of each License to Use is determined by the date of the Client’s initial subscription.

2.8. Consequences of Non-Payment: In the event of non-payment of a fee on its due date, Clientify may grant a seven (7) day grace period for the Client to remedy the situation. If the Client fails to do so, access to all accounts associated with the License to Use will be suspended. To reactivate the account, provided Clientify confirms that the data is recoverable, the Client must pay an administrative and management fee of $199, plus applicable taxes based on the relevant tax regime (or €199 + VAT if the company is domiciled in the European Union).

3. Access to the Platform

3.1. The Platform is hosted on servers owned by or licensed to Clientify. Access to the Platform will be via the website https://new.clientify.com. Clientify will provide the Client with access to the Primary User Account through an authentication system, with instructions sent to the email address provided by the Client.

3.2. The License to Use is non-transferable, and the Client may not transfer, in any form, any exploitation rights over the Platform, nor lease it or permit its use by any third party, except for Secondary User Accounts assigned to individuals within the Client’s organization.

3.3. The Client undertakes to inform all individuals assigned a Secondary User Account of the full contents of these General Terms. Such individuals will acquire User status upon using the Platform and will be subject to these General Terms from that moment.

3.4. All Users are prohibited from accessing the source code of the Platform’s software, modifying or transforming it, its data, technical documentation, or any related documentation, or applying reverse engineering, decompiling, disassembling, or any other operation aimed at discovering the source code.

3.5. The Platform is protected under applicable intellectual property laws. Accordingly, all Users must use the Platform in accordance with such laws and these General Terms. In the event of a violation of said laws or any infringement that restricts or limits Clientify’s legitimate rights, Clientify may take any actions deemed necessary to defend its interests and seek compensation for damages.

3.6. Users may use the Platform and the functionalities corresponding to the contracted Module but may not make copies of the Platform, its data, or any related components, including backups, without prejudice to the use of processed information.

4. Limitation of Liability

4.1. The identification codes, access keys, or any credentials for the Primary User Account provided to the Client are personal and non-transferable. The Client must notify Clientify of any changes or modifications to its data.

4.2. Regarding the Private CRM Area within any User Accounts linked to the Client, the Client releases Clientify from any liability for loss of revenue, business interruptions, data loss or corruption, regardless of cause, and from any damages related to the availability of third-party internet connections.

4.3. The Client is responsible for exercising due diligence to prevent unauthorized third-party access or use of the identification codes, access keys, or credentials for the Primary or Secondary User Accounts. The Client is solely responsible for the loss, theft, or unauthorized use of such codes, keys, or credentials and any resulting consequences. The Client undertakes to:

• Use access keys or credentials for the Primary User Account diligently.
• Maintain the confidentiality of such keys or credentials, not transfer their use to third parties, whether temporarily or permanently, and prevent access by others.
• Immediately notify Clientify of any loss, theft, misplacement, unauthorized access, or security breach of access keys or credentials as soon as possible. Until such notification is made, Clientify is released from any liability arising from the misuse of identifiers or passwords by unauthorized third parties.

4.4. The Client is solely responsible for activities conducted using the access keys or credentials of the Primary or Secondary User Accounts on the Platform, and Clientify is released from any liability arising from such activities.

4.5. Clientify shall not be liable for any damages, costs, or losses, whether special, direct, or indirect (including, but not limited to, lost profits, business interruptions, incidental or punitive damages, lost opportunities, expected profits, or data loss) arising from the use or inability to use the Platform’s access keys or credentials, whether by the Client, any User, or third parties.

4.6. Clientify shall not be liable for maintaining service in cases of force majeure, such as fires, floods, actions by civil or military authorities, embargoes, strikes, accidents, transportation shortages, war, terrorism, pandemics, or their consequences.

4.7. Clientify is neither the owner nor responsible for data hosted by the User in their accounts and/or Private CRM Areas. While Clientify regularly performs backups for recovery purposes in case of technical incidents within the last seven days, the Client is solely responsible for maintaining and backing up data hosted on the Platform. Clientify is not liable for the deletion, correction, destruction, damage, loss, or storage failure of any data in the Client’s Private Area or for any claims arising from data loss.

The Client is advised to regularly back up their content on external devices, as required by GDPR 679/2016 for entities in the European Union or applicable regulations in the Client’s country of residence.

4.8. If the use of the Platform (or parts thereof) under the License to Use results in legal action for alleged third-party rights violations, Clientify may, at its discretion and expense, modify or replace the Platform (or parts thereof) with software of equivalent functionality that does not infringe third-party rights or compensate the Client for termination of use, up to a maximum equivalent to the last subscription fee paid by the Client.

4.9. The Platform may be subject to random, external, or uncontrollable circumstances, for which Clientify is not liable. Clientify does not guarantee or assume responsibility for:

• The absence of harmful components in the Platform or its hosting server;
• The Platform’s invulnerability or the impenetrability of its security measures;
• The Platform’s performance;
• Failures caused by attacks on third-party service providers’ servers or technical/security failures of such providers;
• Technical failures impeding the Platform’s operation;
• Interruptions or improper display due to network malfunctions;
• Damages caused by any person violating the Platform’s conditions, rules, or security systems;
• The utility of the Platform’s information or services.

4.10. Notwithstanding the above, Clientify declares it has taken all necessary measures within its capabilities to ensure the Platform’s proper functioning and prevent harmful components.

4.11. Clientify reserves the right to suspend, modify, restrict, or terminate access, navigation, use, hosting, or downloading of content or services, with or without prior notice, for Clients violating these General Terms through Primary or Secondary User Accounts, without entitlement to compensation.

4.12. Clientify is not bound by commitments or promises made by third parties or by erroneous expectations regarding the Platform’s functionality and is not responsible for adapting the Platform to the Client’s specific needs or expectations.

4.13. Clientify’s maximum liability to the Client or User under the License Agreement is limited to the actual damages suffered, up to a maximum equivalent to the last periodic service fee paid by the Client.

5. Use of the Platform

5.1. The Client may access and use the Platform solely for their own use and, where applicable, for individuals within their organization, who will access it through Secondary User Accounts created by the Client and dependent on the Primary User Account.

5.2. Clientify reserves the right to review the Client’s use of the Platform to ensure compliance with this License to Use.

5.3. The Client is prohibited from accessing or using the Platform through Primary or Secondary User Accounts for illegal or unauthorized purposes, with or without economic intent. Specifically, but not limited to, the following are prohibited:

• Using the Platform in a manner that violates Clientify’s or third-party rights;
• Using the Platform illegally, contrary to good faith, morals, or public order;
• Using the Platform for purposes other than the Client’s professional activities, in violation of data protection laws, rights to honor, privacy, self-image, unfair competition laws, or any applicable regulations, or to the detriment of third-party rights;
• Accessing unauthorized sections of the Platform, connected systems or networks, Clientify’s servers, or services through hacking, password mining, or other illegitimate means;
• Breaching or attempting to breach the Platform’s security or authentication measures or those of connected networks or content.

If the Client breaches these obligations, Clientify may take necessary measures, including suspending or blocking the Client’s account and seeking compensation for damages through legal actions.

5.4. Clientify will maintain the Platform active and available to Users at all times. However, technical issues may cause temporary interruptions without prior notice due to maintenance, communication network issues, or other causes beyond Clientify’s control. The Client accepts that the Platform may be temporarily unavailable and releases Clientify from liability for such interruptions.

5.5. Service Level Agreement (SLA): Clientify implements appropriate security measures to provide a Service Level Agreement ensuring 99% availability of the Platform for the Client’s License to Use. Technical support requests for incidents will be addressed within a maximum of 24 hours on business days.

5.6. Artificial Intelligence Integration: The Platform integrates Artificial Intelligence via ChatGPT (hereinafter, “Platform AI”). The Platform AI is included in various functionalities, some within the Module subscriptions and others as add-ons with specific pricing. The User is solely responsible for their use of the Platform AI and its purposes. Clientify is not liable for improper or unauthorized use. The Client acknowledges having read the Platform AI Usage Policies at https://clientify.com/condiciones-de-uso-de-la-ia.

5.7. Electronic Signature Service: The Platform includes a simple electronic signature service integrated into all Modules (hereinafter, “Platform Electronic Signature”), allowing Users to sign digital documents. The User is solely responsible for the content of uploaded PDF documents and the identity of email recipients for signature links. Clientify is not liable for improper or unauthorized use. The Client acknowledges having read the Platform Electronic Signature Usage Rules at https://clientify.com/normas-de-uso-de-la-plataforma-de-firma-electronica-de-clientify.

5.8. Reasonable Use Policy: For functionalities without usage limits, a “reasonable use” policy applies, based on objective indicators and the typical needs of small or medium-sized enterprises. Reasonable use is defined as:

• Maximum non-Marketing contacts: 10,000 per contracted User Account.
• Maximum Marketing User Accounts: 1 per 5,000 Marketing contacts.
• Contact status changes: Contacts become Active Marketing Contacts upon User change and cease after 30 days.
• Maximum Platform AI tokens: 1,000 per month for chatbot or contact/company/meeting enrichment.
• Maximum chatbots: 2 per contracted communication channel.
• Maximum monthly email sends: 5x the contracted contact base.
• Maximum tracked visits: 25x the number of contracted Active Marketing Contacts.
• Maximum landing pages: 100.
• Maximum verified WhatsApp templates: 100 per connected communication channel.
• Maximum attribute management: 100.
• Maximum email templates: 200.
• Maximum electronic signature sends: 2,000 per month per contracted User Account.
• Maximum products: 2,000 per month per Sales Module User Account.
• Maximum commercial proposals: 200 per month per contracted User Account.
• Maximum on-page SEO reports: 10 per month.
• Maximum lead scoring variables: 5 per contact status.
• Maximum “spiders” or Facebook Ads forms: 200.
• Maximum user profiles and roles: 10 profiles and 5 roles.

Clientify may allow exceeding these limits with justified need and reserves the right to cancel or not renew in cases of improper, abusive, or fraudulent use.

5.9. The Client and their dependent Users may not:

• Engage in abusive email sending (spam);
• Use third-party data, provide false data, or use another person’s credentials;
• Use, copy, or exploit the Platform beyond what is permitted;
• Sell, resell, distribute, assign, or transfer access rights to third parties outside their organization;
• Reverse engineer, decompile, disassemble, modify, or attempt to access the Platform’s source code;
• Circumvent security measures, which may block access and data recovery;
• Link Clientify to other websites or similar actions without prior written authorization.

5.10. Social Media Use: Clientify enables visualization and integration of Users’ social media profiles on WhatsApp, Twitter, LinkedIn, and Facebook through a common dashboard. These platforms are independent, and Clientify is not responsible for User publications, interactions, or compliance with their respective regulations. Clientify provides access to information stored on these platforms without adding search functionalities or guaranteeing search accuracy or User identity.

5.11. WhatsApp Business API Integration: Clientify integrates the Client’s business with the WhatsApp Business API through the Platform’s INBOX, via official Business Solution Providers (BSPs) or Meta’s CLOUD API. The Client authorizes Clientify to integrate their data with the WhatsApp Business API. Validation and approval are conducted solely by the BSP or Meta’s CLOUD API, with final acceptance required via the Facebook Business Console. The Client acknowledges having read and agreed to Meta’s terms at https://developers.facebook.com/terms/.

6. Use of Beta Functionalities

6.1. Use of Beta functionalities is governed by these General Terms. By using Beta versions, the User acknowledges they may be incomplete or contain errors. Beta functionalities are identified with a red “beta” label. Users should back up their databases before using Beta functionalities in operational or commercial environments to avoid data loss. Clientify and Beta functionality providers are not liable for damages, costs, or losses arising from their use. Beta functionalities may not be compatible with existing Platform features.

Beta functionalities, once fully integrated, may involve changes to payment plans based on development costs. Their use in Beta does not grant rights to free use upon final integration. Clientify will provide clear information on pricing changes, allowing the Client to decide whether to contract them. Beta functionalities may be limited, modified, or discontinued without notice or liability, and their functionality or legality in specific countries is not guaranteed.

7. Session Recording Functionality

7.1. The “session recording” functionality involves data protection decisions by the User, potentially creating customer profiles or automated decisions requiring prior notification to end users. Clientify is not liable for third-party claims under GDPR or other regulations. Users are advised to consult their Data Protection Officer for responsible use.

8. Termination of the License to Use

8.1. The License to Use may be terminated for the following reasons:

• Client Request: The Client may cancel their Premium Account by notifying Clientify via email at the contact address provided, with at least one (1) month’s notice for annual terms or seven (7) days’ notice for monthly terms. Access to the Platform ceases upon the effective date of cancellation.
• Termination by Clientify: Clientify may terminate the Client’s access to the Platform or specific Modules/services with one (1) month’s notice, without entitling the Client to compensation.
• Termination for Client Non-Compliance: The License will be automatically terminated without notice if the Client or their Users breach these General Terms or specific conditions, without entitlement to refunds or compensation.
• Termination for Inactivity: Clientify may terminate the Client’s access for inactivity exceeding six (6) months with one (1) month’s notice, without entitling the Client to compensation.

No refunds will be provided upon cancellation, even for prepaid annual terms. If Users are removed during a billing cycle, no further charges will apply for those Users, but the unused period is non-refunded. Upon termination, Clientify will delete all Client-generated data for the relevant Module.

9. Intellectual and Industrial Property

9.1. The Client acknowledges that Clientify is the exclusive owner or licensee of the Platform and related elements, including all intellectual, industrial, or other rights (e.g., reproduction, distribution, public communication, and transformation rights) over the Platform’s source code, object code, technical documentation, user manuals, and related elements.

9.2. Acceptance of these General Terms does not transfer any intellectual, industrial, or other rights over the Platform beyond the usage rights specified herein.

9.3. The Client undertakes not to:

• Duplicate, reproduce, sell, rent, lease, license, distribute, or otherwise use the Platform beyond the authorized scope;
• Decompile, modify, reformat, translate, reverse engineer, disassemble, or access the Platform’s source code, unless expressly permitted by applicable law;
• Divide or fragment the Platform for independent use;
• Alter or remove intellectual, industrial, or other property notices;
• Violate Clientify’s intellectual, industrial, or other rights;
• Develop software or products with similar functionality to the Platform;
• Register trademarks, trade names, or signs associated with the Platform;
• Develop inventions integrating software or products similar to the Platform.

9.4. The Client authorizes Clientify to collect information on Platform usage, including modules used, devices, connection times, and other relevant data, to enforce intellectual property rights.

9.5. The Client authorizes Clientify to use collected information as evidence of Platform usage in any legal proceedings against the Client or third parties.

10. Personal Data Processing

10.1. Use of the Platform involves processing personal data in accordance with Regulation (EU) 2016/679 (GDPR).

10.2. Clientify distinguishes between: (1) Social Area information (social media profiles) and (2) Private CRM Area information managed by the Client. Clientify has no control or liability over Social Area information.

10.3. The Private CRM Area is the Client’s CRM data for commercial and business purposes, with the Social Area as a complementary feature.

10.4. Data Controller: Clientify is the data controller for personal data processing.

10.5. Processing Purposes:

• Respond to User inquiries, process orders, and handle payment transactions;
• Maintain and improve the Platform and services, including customer support;
• Conduct surveys to enhance the Platform and user experience;
• Send commercial communications about the Platform and related services;
• Manage updates, improvements, and personalized information;
• Address GDPR and LOPD-GDD rights, queries, and complaints;
• Manage job applications;
• Facilitate WhatsApp service registration.

10.6. Processed Data:

• Name, surname, photograph, Google Apps ID, email, Facebook ID, Platform password, company, phone, IMAP mail servers, and other data required for third-party system connections via https://new.clientify.com/settings/connect.

The Client and Users must provide accurate data and notify Clientify of any changes, with liability for data accuracy. Users declare they are of legal age.

10.7. Processing Activities:

• Sending commercial communications via email, SMS, WhatsApp, social media, or other means;
• Handling Client requests;
• Maintaining Platform operations, security, backups, and integrations;
• Invoicing and accounting.

See the Privacy Policy at https://clientify.com/politicas-de-privacidad for additional details.

11. Miscellaneous

11.1. Clientify reserves the right to modify these General Terms to comply with legislative changes or market practices, notifying the Client in advance. Changes will be published on the website or communicated to the Client, who consents by continuing to use the Platform or not objecting within 30 days. Non-acceptance terminates the contract.

11.2. Clientify may suspend or terminate access to the Platform without notice for breaches of these General Terms, without entitling the Client to compensation.

11.3. Clause headings are for reference only and do not affect interpretation.

11.4. If any provision is deemed null or unenforceable, it will not affect other provisions.

11.5. Clientify’s failure to exercise any right does not constitute a waiver unless agreed in writing.

11.6. These General Terms are subsidiary to any specific License Agreement conditions, provided they do not conflict.

12. Applicable Law and Jurisdiction

The Parties expressly waive any other jurisdiction and submit to Spanish law and the jurisdiction of the Courts and Tribunals of Almería for any disputes arising from the interpretation, execution, or performance of these General Terms.

13. Language

These General Terms are drafted in Spanish and English. In case of discrepancies, the Spanish version prevails.

Updated and revised as of May 12, 2025.