Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the website and services provided by optinexes S.L. ("optinexes", "we", "us", or "our"), a software development company registered in Spain.

By accessing our website at optinexes.pro or engaging our software development services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our website or services.

Company Information

• Company Name: optinexes S.L.
• Address: Avenida de la Constitución 189, 29785 Málaga, Andalusia, Spain
• Registration Number: B58294061
• VAT Number: ESB84629503
• Email: legal@optinexes.pro
• Phone: +34 953 977 363

Acceptance of Terms

By accessing or using our website, requesting information about our services, or entering into a service agreement with optinexes, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

These Terms constitute a legally binding agreement between you and optinexes. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Services Description

optinexes provides professional software development services, including but not limited to:

• Custom software application development
• Web application development and design
• Mobile application development
• Enterprise system development and integration
• Cloud solutions and migration services
• Software consulting and technical advisory services
• Ongoing maintenance and support services

Specific terms for individual projects will be outlined in separate service agreements or statements of work.

User Obligations

When using our website or services, you agree to:

Lawful Use

• Use our website and services only for lawful purposes and in accordance with these Terms
• Comply with all applicable local, national, and international laws and regulations
• Respect the rights of other users and third parties

Prohibited Activities

You agree not to:

• Use our services for any illegal or unauthorised purpose
• Attempt to gain unauthorised access to our systems or networks
• Interfere with or disrupt our website or services
• Upload or transmit viruses, malware, or other malicious code
• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of optinexes or third parties

Information Accuracy

You agree to provide accurate, current, and complete information when requesting our services or communicating with us. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

Intellectual Property

optinexes Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is the property of optinexes or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of our content without our express written permission.

Client Intellectual Property

We respect your intellectual property rights. Any pre-existing intellectual property you provide to us remains your property. The ownership of custom software developed by optinexes will be governed by the specific terms outlined in our service agreements.

Work Product

Unless otherwise specified in a separate agreement, optinexes retains the right to use general knowledge, skills, experience, and techniques gained during the provision of services, provided such use does not violate client confidentiality or proprietary information.

Payment Terms

Payment terms for our services will be specified in individual service agreements. Generally:

• All fees are quoted in Euros (EUR) unless otherwise specified
• Payment schedules will be outlined in project agreements
• Late payment charges may apply as specified in service agreements
• All prices exclude applicable taxes unless otherwise stated

Confidentiality

optinexes acknowledges that during the provision of services, we may have access to confidential information belonging to our clients. We agree to maintain the confidentiality of such information and use it only for the purpose of providing the agreed services.

Clients similarly agree to maintain the confidentiality of any proprietary methods, processes, or information disclosed by optinexes during the provision of services.

Limitation of Liability

Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without any warranties of any kind, either express or implied. optinexes disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Damages

To the maximum extent permitted by applicable law, optinexes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, resulting from your use of our website or services.

Maximum Liability

In no event shall optinexes's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to optinexes for the specific service giving rise to the liability during the twelve (12) months preceding the claim.

Exceptions

Nothing in these Terms shall limit our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless optinexes, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or information you provide to us

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. The Spanish courts shall have exclusive jurisdiction over any disputes arising from or relating to these Terms or our services.

For clients located within the European Union, you may also have rights under the consumer protection laws of your country of residence.

Dispute Resolution

We encourage clients to contact us directly to resolve any disputes. If a dispute cannot be resolved through direct communication, it shall be resolved through the competent courts of Málaga, Spain.

EU consumers may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Force Majeure

optinexes shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.

Termination

Termination by optinexes

We may terminate or suspend your access to our website or services immediately, without prior notice or liability, if you breach these Terms or engage in any conduct that we deem inappropriate or harmful.

Termination by Client

You may terminate your use of our website at any time. Termination of ongoing service projects shall be governed by the specific terms outlined in service agreements.

Effect of Termination

Upon termination, your right to use our website and services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, limitation of liability, and governing law.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy.

Modifications to Terms

optinexes reserves the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of our website or services after such modifications constitutes your acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and optinexes regarding your use of our website and services.

Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: legal@optinexes.pro
• Phone: +34 953 977 363
• Address: optinexes S.L., Avenida de la Constitución 189, 29785 Málaga, Andalusia, Spain