1. Scope.
1.1. These General Terms and Conditions (hereinafter, the «General Terms and Conditions») are applicable and constitute an integral part of the License Agreement for the Use of the Web Platform for marketing and sales automation called “Clientify” (hereinafter, the «Application»), entered into between the following Parties:
• «Clientify, SL», with its registered office at Calle Padre Luque, Number 1, 1º-Left; 04001, Almería, Spain, with Spanish Tax Identification Number (NIF) B-04800249, and contact email [email protected] (hereinafter also referred to as «Clientify»), as the holder of the intellectual property and commercialization rights of the Application; and
• The Client: An individual or legal entity that has correctly completed and registered the Application’s sign-up form or, where applicable, has signed the specific terms of the License Agreement.
1.2. Acquiring the status of Client implies the full acceptance of these General Terms and Conditions, which the Client declares to have read. Likewise, the Client fully accepts the Legal Notice and Privacy Policy of Clientify, available at the following links: https://clientify.com/aviso-legal and https://clientify.com/politicas-de-privacidad, which the Client also declares to have read.
2. Grant of a License for the Use of the Application.
2.1. Clientify, as the holder of the intellectual property and commercialization rights of the Application, grants the Client a personal, revocable, non-transferable, non-exclusive, and non-sublicensable license to use the Application under the terms outlined in these General Terms and Conditions and, where applicable, under the specific terms of the License Agreement signed by the parties.
2.2. The Client may avail themselves of a Free Trial Period from the moment of registration in the Application for the duration indicated on the Website. Upon conclusion of this period, the Client may subscribe to a paid Premium Account through one of the Usage Plans available at https://clientify.com/precios, with the features, permissions, price, and conditions associated with the chosen Usage Plan.
2.3. FREE TRIAL PERIOD: During the initial trial period following registration, the Client will have access to a Free Trial Account, allowing limited use of the Application as specified on the Website. The purpose of this Free Trial Period is to enable the Client to assess the Application’s services and features with certain limitations, familiarizing himself with the platform and determining the appropriateness of subscribing to a paid Premium Account.
During the Free Trial Period, Clientify offers no guarantees or liabilities regarding the service, which may be interrupted without prior notice at any time.
To maintain effective communication and inform the Client of updates or new features, Clientify may send emails to the address provided during registration. The Client may unsubscribe from these emails at any time by following the instructions included in each email.
If the Client does not subscribe to a paid Premium Account by the end of the Free Trial Period, they will lose access to the Application.
After seven (7) calendar days following the expiration of the Free Trial Period without a paid subscription to a Premium Account, Clientify reserves the right to delete any data or customizations made by the Client on its servers through the use of the Application.
2.4. PREMIUM ACCOUNT (YOU ARE NOW PART OF MY DAILY LIFE): Once the Free Trial Period has commenced, a Client who subscribes to a paid Premium Account may use the Application with all features included in the chosen Usage Plan.
The Client declares he has received and read sufficient information about the services, costs, and payment methods associated with the selected Usage Plan prior to formalizing and subscribing to the Premium Account. The contractual relationship will be formalized upon the Client’s confirmation of acceptance of the subscription fee resulting from the selected Usage Plan, country, and payment method. Acceptance of the subscription fee entails acceptance of the associated payment obligations.
The Client holds responsibility and control over the Premium Account, which will serve as the Main User Account. The Main Account will have administrative privileges, allowing the Client to manage, add, or revoke access to Secondary User Accounts and make changes to the subscribed services.
The initial term of the License will be determined by the Client (monthly or annually) and will be automatically renewed for successive periods of the same duration unless either Party notifies the other of their decision not to renew at least one (1) month prior to the expiration of the annual term or at least seven (7) days prior to the expiration of the monthly term. The Client may also change the duration of any renewal period by notifying Clientify via email at the contact address provided in these General Terms and Conditions.
2.5. Payment methods.
• Monthly Payment: Credit Card.
• Annual Payment: Credit Card / PayPal.
Payment must be made for the full chosen period in a single transaction, in advance, with no reductions or discounts applicable. Clientify utilizes the highest commercially available security measures, ensuring the payment process operates on an SSL-secured server. This server establishes a connection that encrypts the information, ensuring it is only readable by the Client’s computer and the payment site.
Clientify declares it does not access or store sensitive data related to the payment method used by the Client. Only the payment processor has access to such data. Upon confirming the license payment, Clientify will issue the corresponding invoice, available in the Client’s «Billing Area.» For monthly payments, invoices will be generated with the same periodicity upon confirmation of each payment.
The payments for training or initial implementation, as well as any payments for license renewal or the purchase of additional functionalities of the Application, are non-refundable under any circumstances once made.
All User Accounts under the same Use License will have the same validity period and will expire on the same date.
2.6. Billing: Clientify will issue a single invoice at the time of payment, at the beginning of the contracted period or any of its extensions. Therefore, if the Usage Plan is changed in the middle of a billing cycle that has already been paid, the charge will be prorated across the months remaining until the expiration date of the Use License. The expiration date of each Use License is determined by the date of the Client’s initial subscription.
In the event of non-payment of a fee on its due date, Clientify may grant a grace period of 7 calendar days for the Client to regularize the situation. If this is not done, access to all accounts linked to the Use License will be suspended. If the Client wishes to reactivate it, once Clientify verifies that the data can be recovered, the Client must cover administrative and management costs for reactivation amounting to $199 plus applicable taxes under the relevant tax regime (or €199 + VAT if the company is domiciled within the European Union).
3. Access to the Application.
3.1. The Application is hosted on servers owned or licensed for use by Clientify. Access to the Application will be provided through the website https://clientify.net or https://app.clientify.com. Clientify will grant the Client access to the Main User Account via an authentication system, following the instructions sent via email to the address provided by the Client.
3.2. The Use License is non-transferable, and the Client may not transfer, in any form, any exploitation rights over the Application, nor lease it or allow its use by any third party, except for Secondary User Accounts, which may only be assigned to individuals within the Client’s organization.
3.3. The Client is obliged to inform all individuals assigned a Secondary User Account of the full content of these General Terms and Conditions. Such individuals will become Users upon using the Application and will be subject to the provisions of these General Terms and Conditions.
3.4. All Users are prohibited from accessing the source code of the software, altering or modifying it, its data, technical documentation, or any related documents, or applying reverse engineering, decompiling, or disassembling the software, or performing any other actions aimed at discovering the source code.
3.5. The Application is protected by applicable intellectual property laws. Therefore, all Users must use the Application in accordance with such laws and these General Terms and Conditions. In case of violation of these laws or any other infringement that affects Clientify’s legitimate rights, Clientify may take appropriate actions to defend its interests and seek compensation for damages and loss.
3.6. Users may use the Application and its available functionalities as per the contracted Plan, but they are not permitted to make copies of the Application, its data, or any annexes, including backup copies, except for the use of the information processed by them.
4. Limitation of Liability.
4.1. The identification codes, access keys, or any credentials for the Main User Account provided to the Client are personal and non-transferable. It is the Client’s responsibility to inform Clientify of any changes or modifications to their data.
4.2. Regarding the CRM Private Area introduced in any User Accounts linked to the Client, the Client exempts Clientify from any liability for income loss, business interruption, data loss or corruption, regardless of the cause, as well as any damages related to the availability of the Internet connection provided by a third party.
4.3. It is the Client’s responsibility to exercise due diligence to prevent unauthorized third parties from accessing or using the identification codes, access keys, or credentials for the Main User Account or any Secondary User Accounts. The Client is solely responsible for the loss, theft, or unauthorized use of any codes, access keys, or credentials for the Main User Account or Secondary User Accounts, and for any consequences arising therefrom. The Client agrees to:
• Use the Main User Account access keys or credentials diligently.
• Maintain the secrecy and confidentiality of the Main User Account access keys or credentials, not transferring their use to third parties, either temporarily or permanently, nor allowing their access to other individuals.
• Immediately inform Clientify of the loss, theft, unauthorized access, or security breach of the Main User Account access keys or credentials as soon as possible. Until such events are reported, Clientify is exempt from any liability arising from the improper use of identifiers or passwords by unauthorized third parties.
4.4. The Client is solely responsible for activities carried out using the Main User Account or any Secondary User Account credentials, and Clientify is exempt from liability arising from such activities
4.5. Clientify is not liable for any damages, costs, or losses, whether special, direct, or indirect (including, but not limited to, loss of profits, business interruption, incidental damages, punitive damages, business opportunities, expected benefits, or data loss) resulting from the use or inability to use the Application access keys or credentials, whether by the Client, any User, or a third party.
4.6. Clientify will not be responsible for maintaining the service in cases of force majeure, such as fires, floods, acts of civil or military authorities, embargoes, strikes, accidents, transportation shortages, war, terrorism, pandemics, or their consequences, etc.
4.7. Clientify is neither the owner of nor responsible for the data hosted by the User in their accounts and/or CRM Private Areas. Although Clientify regularly performs data backups for recovery purposes in the event of technical issues within the last seven days, the Client is solely responsible for maintaining and backing up the data hosted in the Application. Therefore, Clientify is not responsible for the deletion, correction, destruction, damage, loss, or storage failure of any data in the Client’s Private Area, nor will it respond to any claims based on damages caused by data loss. For this reason, it is recommended that the Client regularly backs up their content to external devices, as required by GDPR 679/2016, which mandates a contingency and continuity plan for companies/individual entrepreneurs residing in the European Union; or, where applicable, the regulations of the Client’s country of residence.
4.8. If the use of the Application (or parts thereof) under the Use License causes a lawsuit or legal action for alleged infringement of third-party rights, and such use may result in such an infringement, Clientify, at its sole initiative and expense, may make the necessary modifications or changes so that Users can continue using the Application (or parts thereof), replace it with software of equivalent functionality and effectiveness that does not infringe the rights of those third parties, or compensate the Client for the termination of the use of the Application (or part thereof) up to a maximum equivalent to the amount of the Client’s last subscription payment.
4.9. The Application may be subject to random circumstances, external factors, or situations beyond Clientify’s control or ability to act, for which Clientify is not liable. Similarly, Clientify neither guarantees nor is responsible for:
• The absence of harmful components in the Application or the server supplying it;
• The invulnerability of the Application and/or the infallibility of the security measures adopted in it;
• The performance of the Application;
• Failures of the Application caused by any kind of attack on the servers of third-party service providers for Clientify, as well as technical or security failures of any such providers’ systems that prevent the Application’s operation;
• Any technical failure of any kind that hinders, delays, or prevents the proper functioning of the Application and the Client’s IT or telecommunications systems, nor for the deficiencies in their operation and the resulting consequences;
• Interruptions or improper display of the Application and/or its files or content due to network malfunctions;
• Damages caused to the Client or any third party by someone who violates the conditions, rules, and instructions established in the Application or breaches its security systems; and
• The usefulness of the information and/or services of the Application.
4.10. Notwithstanding the preceding point, Clientify declares that it has taken all necessary measures, within its capabilities, to ensure the proper functioning of the Application and to prevent the presence and transmission of harmful components to users’ IT systems.
4.11. In any case, Clientify reserves the right to suspend, modify, restrict, or interrupt, either temporarily or permanently, access to, navigation through, use of, hosting on, and/or downloading of content and/or the use of the Application, with or without prior notice, for ClientS who, through either the Main User Account or any Secondary User Accounts, violate any provisions of these General Terms and Conditions. Clientify will not be liable to any Client and/or User for any damages arising from such measures.
4.12. Clientify is not bound by commitments or promises made by persons outside its company, nor by incorrect expectations regarding the functionality of the Application. Clientify is also not liable for the adaptation of the Application to the specific needs and expectations of the Client.
4.13. In any case, Clientify’s maximum liability to the Client and/or User under the applicable Use License agreement is limited to actual damages suffered, with a maximum equivalent to the price of the Client’s last periodic service payment.
5. Use of the Application.
5.1. The Client may access and use the Application exclusively for their own use and, where applicable, for the use of individuals dependent on them. These individuals will access the Application through Secondary User Accounts set up by the Client, which will depend on the Main User Account.
5.2. Clientify reserves the right to review the Client’s use of the Application at any time to verify compliance with this Use License.
5.3. The following actions are prohibited, and the Client assumes full responsibility for any consequences of engaging in them, whether through the Main User Account or Secondary User Accounts:
• Using the Application in a manner that infringes Clientify’s rights or those of any third party;
• Using the Application illegally, in bad faith, or against public morals and order;
• Using the Application for purposes other than the Client’s professional activities that violate regulations on Personal Data Protection, the Right to Privacy and Image, Unfair Competition laws, or any other applicable regulations or third-party rights;
• Unauthorized access to any section of the Application, other systems, or networks connected to the Application, Clientify servers, or services offered through the Application via hacking, password extraction, or other illicit means;
• Breaching or attempting to breach the Application’s security or authentication measures, or those of any network connected to it, or the security measures inherent in the content offered by the Application.
• If the Client violates any of the above obligations, Clientify reserves the right to take necessary actions, including deleting or blocking the Client’s account and claiming damages incurred directly or indirectly, through any necessary or appropriate legal actions.
5.4. Clientify will keep the Application active and available to Users at all times.
However, technical situations may arise that temporarily interrupt User access without prior notice, such as maintenance tasks, communication network issues, or other factors beyond Clientify’s control.
The Client acknowledges and accepts that there may be temporary periods during which the Application is unavailable, releasing Clientify from any liability for these sporadic service interruptions. Clientify is also not liable for interruptions, delays, or malfunctions caused by factors outside its control, such as willful or negligent Client or User actions, or force majeure events.
5.5. Service Level Agreement (SLA) for the Application.
Clientify provides appropriate security measures to ensure a Service Level Agreement (SLA) guaranteeing 99% availability for access to the Application under the Client’s Use License.
Support requests regarding incidents with the service or the Application will be addressed within a maximum of 24 business hours.
5.6. As a general rule, functionalities without usage limitations will be subject to a «reasonable use» policy. This policy is based on objective indicators reflecting the normal needs of a small or medium-sized business:
- Maximum monthly email sends: x5 the number of contracted contacts.
- Maximum tracked visits: x25 the number of contracted contacts.
- Maximum landing pages: 100.
- Maximum registered domains: 10.
- Maximum chatbots: 100.
Clientify may allow these limits to be exceeded if justified by logical reasons for additional needs. Clientify reserves the right to cancel or not renew service if inappropriate, abusive, or fraudulent use of the Application is identified.
5.7. The Client and dependent Users must not:
• Engage in abusive email sending (SPAM);
• Use third-party data or provide false information for registration, or use another person’s credentials;
• Use, copy, or exploit the Application in ways not permitted under these General Terms and Conditions or specific terms;
• Sell, resell, or distribute the Application access and use rights to third parties, transfer such rights, or allow unauthorized access;
• Reverse engineer, decompile, disassemble, modify, translate, or attempt to access the Application’s source code;
• Attempt to bypass any Application security measures, which may result in blocked access and loss of data recovery options;
• Link Clientify to any other website or perform similar actions using other technologies without prior written authorization from Clientify.
5.8. Use of social networks through Clientify
Clientify is an Application that allows the display and integration of User social profiles on WhatsApp, Twitter, LinkedIn, and Facebook (hereinafter, the «Social Networks») through a common visualization panel. Twitter, LinkedIn, and Facebook are independent platforms, so Clientify is not responsible for what the User of the Application posts, says, modifies, or interacts with other users on these Social Networks, which have their own regulatory framework and responsibility. Under no circumstances will Clientify be held responsible for the interactions carried out by the User through the social control panel of the Application. If the Client registers on Clientify through other websites such as Facebook, Twitter, or LinkedIn, their profile will be visible to all Clientify Users, either through the Application or through these platforms. This means Clientify does not add features or search criteria beyond those already existing on Twitter, LinkedIn, and Facebook. Therefore, Clientify is not liable for the accuracy of searches, the data processing performed by the Client with search results, or the veracity of other Users’ identities. Clientify solely provides Users access to the information stored on these social networks and does not guarantee or endorse search results.
As a Clientify User, access, profile, photos, posts, contacts, and other information from Social Networks is determined by the social profile the User owns on each network, and its functionality and content will correspond to that. Clientify IS NOT A SOCIAL NETWORK and does NOT assume any specific responsibility for any posts made by the User, as this is an area of responsibility outside Clientify.
5.9. Integration of User profiles on Social Networks Twitter, LinkedIn, and Facebook via METRICOOL
Clientify uses the web and mobile tool METRICOOL for managing social networks and online advertising to display and integrate Client profiles from Twitter, LinkedIn, and Facebook into the Application.
The Client agrees that Clientify integrates the data and features provided by the Client in their profiles on Twitter, LinkedIn, and Facebook through the Application. This integration will be provided by METRICOOL.
The Client declares that has read, understood, and agree to the terms, rights, and obligations stated in METRICOOL’s terms and policies of use, accessible at the following link: https://metricool.com/es/terminos-legales/
5.10. Integration of the “WhatsApp Business” API in the Application’s INBOX via its list of Business Solution Providers (BSPs) or directly through “CLOUD API” from the provider “Meta Platforms, Inc.” (formerly “Facebook, Inc.”), owner of WhatsApp
Clientify will integrate the Client’s business with the WhatsApp Business API through the Application’s INBOX in an agile and standardized manner, either via official BSPs or directly through META’s “CLOUD API.”
The Client agrees that Clientify integrates the data and features provided by the Client with the WhatsApp Business API through the Application’s INBOX, provided by an official WhatsApp Business BSP or directly through META’s CLOUD API.
Clientify will require all necessary documentation and assist the Client in carrying out the integration with the BSP or directly with META’s CLOUD API. Validation and approval of the integration are exclusively handled by the BSP or META’s CLOUD API, and final acceptance will be required from the Client in the Facebook Business Console (https://business.facebook.com) to send WhatsApp messages on behalf of the Client.
The Client declares that they have read, understood, and agree to the terms, rights, and obligations set forth in META’s platform policies, accessible at the following link: https://developers.facebook.com/terms/.
6. Use of Beta Features.
Users are informed that using Beta features of any pre-released or experimental application integrated into the Application is also governed by these General Terms and Conditions. By using these features, Users acknowledge that they are in Beta, meaning they may be incomplete or contain errors or inaccuracies.
Beta features are identified with a red label containing the word «Beta» in white.
Ensure you have a full backup of your database before using Beta features in an operational business/commercial environment or when handling important information to prevent data loss.
Neither Clientify nor the specific Beta feature’s provider/developer will be liable for damages, expenses, or liabilities resulting from the use of any Beta feature. This includes, but is not limited to, damage, loss, or alteration of software, hardware, information, or data. Additionally, Beta features may not be compatible with existing functionalities of the Application due to their testing phase.
Once Beta features are fully integrated into the Application, they may involve changes to your payment plan based on associated development and accessibility costs. Their use during the Beta phase does not guarantee free access upon final integration.
Clientify will clearly and thoroughly inform Users of any potential changes to fully integrated Beta features so that the Client can decide freely whether to subscribe under the provided pricing terms. Beta features are available for a limited time, and Clientify may change, limit, or discontinue access to them at any time without prior notice or liability.
We also cannot guarantee their proper functioning in all countries or their compliance with specific regulations.
7. Navigation Session Recording Feature.
Clientify informs Users that using the “navigation session recording” feature involves certain data protection decisions by the User.
This feature may generate customer profiles and automated decisions that require specific prior information available to the end user.
Clientify is not responsible for any third-party claims of any kind, whether under GDPR or any other regulation. We recommend consulting your DPO/data protection advisor for responsible use of this feature.
8. Termination of the License.
The License may be terminated for any of the following reasons:
• Cancellation at the Client’s request: The Client may cancel his Premium Account by notifying Clientify via email to the contact email address specified in these General Terms and Conditions at least one month in advance of the expiration of the initial term or any renewals, in the case of an annual duration, and at least seven days in advance, in the case of a monthly duration. From the effective cancellation date, the Client will automatically lose access to the Application.
• Service cancellation by Clientify: Without giving rise to any claim or compensation in favor of the Client or any of their dependent Users, the Client may be terminated from the Application at any time by Clientify via email notification to the Client’s email address at least one month in advance of the expiration of the initial term or any renewals.
Service cancellation by Clientify in case of Client breach: Without giving rise to any refund, claim, or compensation in favor of the Client or any of their • dependent Users, the License will be automatically canceled without prior notice if the Client or any of their dependent Users breach any of the terms established in these General Terms and Conditions or, if applicable, in the Specific Conditions.
In the case of a cancellation request/termination, no right to a refund or reimbursement will arise under any circumstances, even if an advance payment for an annual period has been made. If Users are removed by an Administrator in the middle of a cycle, they will no longer be billed or charged for the removed Users, but they will no longer be able to use those Users and will not be refunded for the unused period.
9. Intellectual and Industrial Property.
9.1. The Client acknowledges and agrees that Clientify is the exclusive owner and/or holder of the corresponding licenses for the Application and any other elements it owns, to which the Client may have access under the terms of the license agreement. This ownership extends to all intellectual, industrial, or other rights related to the Application, including, among others, the rights of reproduction, distribution, public communication, making available, and transformation of the Application and any of its elements, including source code, object code, technical documentation, user manuals, etc., as well as any other related or derived elements.
9.2. By accepting these General Terms and Conditions, no intellectual, industrial, or other property rights related to the Application or any other element owned by Clientify are transferred to the Client, beyond the right to use them under the terms specified herein.
9.3. In accordance with the previous section, the Client agrees not to:
•Duplicate, reproduce, sell, rent, lease, license, distribute, or in any other way use the Application and/or any of its elements for a purpose other than that expressly authorized in these General Terms and Conditions.
• Decompile, modify, reformat, translate, perform reverse engineering, disassemble, or access in any other way the source code of the Application, notwithstanding that applicable legislation may explicitly permit such activities regardless of any contrary agreement between the Parties.
• Split or fragment the Application into different parts or modules to use them independently.
• Alter or remove any notices regarding intellectual, industrial, or other property rights included in the Application.
• Violate Clientify’s intellectual, industrial, or other property rights in the Application and any other elements owned by it.
• De velop computer programs, applications, or any other type of software products that perform a similar function to that of the Application.
• Register trademarks, trade names, or any other distinctive signs associated with or that could be associated with the Application.
• Develop inventions of any kind that incorporate computer programs, applications, or any other type of software that performs a similar function to that of the Application.
9.4. In order to enable Clientify to effectively control and defend its intellectual property rights regarding the Client’s use of the Application, the Client expressly authorizes Clientify to collect information about the modules of the Application used by the Client, the computer on which the license is used, connection times, data of connected devices, as well as any other data that is relevant to verifying the effective use of the Application.
9.5. For the purposes stated in the previous section, the Client expressly authorizes Clientify to use the information collected during the use of the Application as effective evidence of the use of the Application in any type of cause or proceeding, of any nature, whether against the Client itself or any third party.
10. Personal Data Processing.
10.1. The use of the Application requires the processing of personal data. This processing is carried out in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC, the General Data Protection Regulation.
10.2. Clientify distinguishes between two types of User information: (1) Information related to their profiles on Social Media («Social Area»), and (2) Private CRM Information of the Client («Private Area»). The Social Area results from indexing the contents, contacts, and social profile of each User. Clientify has no control or responsibility over the information contained and/or published in the Social Area.
10.3. The Private Area and/or account is the CRM information entered and managed by each Client for commercial and business tracking and control, companies, opportunities, and actions that are features of the Application and represent its purpose and function, with the Social Area being a complement to the CRM provided and enabled to the Client.
10.4. Responsible for Data Processing:
• Company Name: “Clientify, SL”
• Spanish Tax ID: B-04800249
• Registered Address: Calle Padre Luque, Number 1, 1º-Izquierda; 04001 – Almería, Spain.
• Main Website: https://clientify.com
• Application Website (Linked): https://clientify.net
• Contact Email: [email protected]
• Designated DPO Email: [email protected]
10.5. Purposes of Data Processing: Clientify uses the data it collects in various processing operations for the following purposes:
• Responding to questions, doubts, or concerns of Users, processing orders, including payment transactions.
• Maintaining and improving the Application or requested services, as well as providing customer support.
• Conducting surveys to evaluate and improve the content of the Websites, Application, and services to offer a better user experience.
• Sending commercial communications regarding the Application and related services that the Client and/or User has not previously requested.
• Managing and sending information about updates, improvements, latest news, and personalized information tailored to the contracted service or that may be of interest to the Client and/or User based on their profile.
• Responding to the exercise of rights recognized by Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, concerning the protection of natural persons with respect to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (hereinafter, “GDPR”) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (hereinafter, “LOPD-GDD”), as well as inquiries and complaints.
• Managing job applications/Curriculum Vitae received for potential open selection processes at Clientify.
• Managing Client registration for the WhatsApp service (I need my Official WhatsApp line).
10.6. Planned Data Processing Operations: The information Clientify collects from registered Users in the Application includes:
•First name
• Last name
• Photograph
• Google Apps social ID
• Facebook social ID
• Access password to the application
• LinkedIn social ID
• Company
• Twitter social ID
• Phone number
• IMAP email servers
This list is not exhaustive, so it is understood to include any other information required for connecting to third-party systems that may be offered in the Application through the website https://clientify.net/settings/connect/.
The personal data provided by the Client and Users must be truthful, and Clientify should be notified of any changes. The Client is responsible for the truthfulness and accuracy of the data provided at all times. The individual who provides their personal data to Clientify declares to be of legal age and is fully responsible for such declaration.
10.7. Description of Data Processing Operations:
•Sending commercial advertising communications via email, SMS, WhatsApp, social media, or any other current or future electronic or physical medium that allows for commercial communications. These electronic communications will be made by the DATA CONTROLLER and related to the services of the Application, our collaborating companies, or suppliers with whom we have reached a promotional agreement. In this case, these third parties will never have access to the personal data unless it is strictly necessary for managing the application service/maintenance and, if applicable, the contracted use.
• Actions requested by the Client: Processing requests or any type of query made by the Client regarding the services offered by Clientify through any of the contact channels available.
• Maintenance of application operation and functionality: Access necessary to ensure the proper functioning of the application, updates, security maintenance, user information backups, integrations, and functionalities of the application.
• Billing and Accounting Management: As a user of our application, we will issue invoices, manage collections, payments, and their fiscal and accounting management.
For anything not covered in this section regarding personal data processing, the Privacy Policy will apply, which is available at the following link: https://clientify.com/politicas-de-privacidad.
11. Miscellaneous.
11.1. Clientify reserves the right to modify or amend these General Terms and Conditions in order to adapt them to possible legislative changes or market practices. When this occurs, Clientify will notify the Client in advance so that the Client, if applicable, can confirm their acceptance and continuation of the contract. Additionally, Clientify will publish any changes to the General Terms and Conditions on the Website or through any type of communication directed to the Client, understanding that the Client gives their consent to the notified modification if they do not expressly oppose it within 30 days and continue using the Application.
Failure to accept the changes to the General Terms and Conditions will result in the termination of the contract. If the Application is used after the changes to the General Terms and Conditions take effect, it will be considered as acceptance of those changes for all purposes.
11.2. Regardless of the provisions in the contract signed between Clientify and the Client, Clientify may suspend or interrupt access to the content of the Application at any time without prior notice, as well as revoke the usage license when any breach by the Client of the terms and conditions set forth here is detected, without the Client having the right to claim any compensation.
11.3. The headings of the various clauses are for informational purposes only and will not affect, qualify, or extend the interpretation of these General Terms and Conditions.
11.4. If any provision or provisions of these General Terms and Conditions are deemed invalid or unenforceable, in whole or in part, by any competent Court, Tribunal, or administrative body, such invalidity or unenforceability will not affect the other provisions of these General Terms and Conditions.
11.5. The failure or delay by Clientify to exercise or enforce any right or provision contained in these General Terms and Conditions will not constitute a waiver of that right, unless acknowledged and agreed upon in writing by Clientify.
11.6. These General Terms and Conditions will apply subsidiarily to the Specific License Agreement that the Parties may formalize, in matters not opposed by the latter.
12. Applicable Law and Jurisdiction.
The Parties, expressly waiving any other jurisdiction that might correspond to them, submit themselves to Spanish law and the competence and jurisdiction of the Courts of the city of Almería, to resolve any issues or disputes that may arise regarding the interpretation, execution, or compliance with these General Terms and Conditions.
13. Language.
This General Terms and Conditions are written both Spanish and English. In the event that any discrepancy arises between the Spanish and the English version, the Spanish version shall prevail. The Spanish version is available here https://clientify.com/condiciones-generales-de-contratacion/
Updated and revised General Terms and Conditions drafting as of January 20, 2025.
