Legal
Terms of service
The terms on which a business signs up for and uses Kommyt: registration, the plans and how they are billed, acceptable use of the service, and how to cancel.
01 Purpose
They govern the contracting and use of Kommyt, the management CRM for businesses, under the software-as-a-service model.
02 Registration and account
Access requires that a business be registered: there is no public registration or self-service sign-up.
The business appoints a responsible person, who is answerable for the accuracy of the data and for the use made by the accounts that person creates.
Credentials are personal and non-transferable. Any misuse must be reported immediately.
03 Plans, prices and billing
The plans available and their modules are those published on the website at each moment. Prices are stated without VAT (IVA).
Billing is monthly and in advance, unless otherwise agreed. A change of plan takes effect as indicated at the time of subscribing.
Payment is made by direct debit or by bank transfer within seven days of the invoice being issued.
In the event of non-payment, Kommyt notifies it by email and grants fifteen calendar days to put it right. After that, it may suspend access while keeping the business’s data for a further thirty days, during which the business may download its complete export. If the situation is not put right within that period, the contract is terminated and the data is deleted.
04 Acceptable use
The business undertakes to use Kommyt in accordance with the law applicable to its activity and not to use it for unlawful purposes.
It is prohibited to resell the service, to subject it to reverse engineering or to attempt to circumvent the limits of the contracted plan.
05 Availability and support
We work to keep the service available on a continuous basis, with maintenance windows announced where possible.
NO percentage of availability is guaranteed. The service runs on a single machine and without an on-call team, so committing to a figure would mean committing to something that cannot be sustained. We prefer to say so before failing to meet it.
Support by email at info@adsandnexus.com, during business hours from Monday to Friday. Requests are answered within a maximum of two business days; incidents that prevent use of the service are handled as a priority and, where possible, the same day.
Planned outages are announced at least 48 hours in advance and carried out outside the usual business hours of customers. Unplanned outages are reported as soon as they are detected.
The service makes daily backups of the database, and the hosting provider maintains recovery to an earlier point in time within its retention window. In the event of data loss attributable to Kommyt, the most recent backup available is restored.
06 Business data
Data entered into the CRM belongs to the business. Kommyt processes it solely to provide the service, in accordance with the data processing agreement.
On termination, the business may export it within the period indicated, before its deletion.
07 Term and termination
The contract renews for monthly periods unless it is terminated.
Termination is requested by email to info@adsandnexus.com from the address of the account holder, without any need to give a reason or notice. It takes effect at the end of the current monthly period and carries no penalty.
From the request until thirty days after termination takes effect, the business may download the complete export of its data; once that period has passed, the data is deleted.
08 Liability
Kommyt is not liable for the use the business makes of the service, nor for compliance with the regulations specific to its activity.
Kommyt’s liability towards the business is limited, on any ground, to the amount invoiced in the twelve months preceding the event that gives rise to it. No liability is accepted for loss of profit, loss of business opportunities or indirect damage.
Liability for wilful misconduct or gross negligence, liability for personal injury, and any other liability that applicable law does not allow to be excluded or limited, are not limited by these terms.
09 Amendments and applicable law
These terms may be updated; material changes will be notified with reasonable advance notice.
Spanish law applies, with submission to the courts of Barcelona. If you are a consumer, the jurisdiction that legally applies to you will apply.