Terms of service

This English text is a courtesy translation of the Spanish original, provided so that the document can be read in English. In the event of any discrepancy between the two versions, the Spanish version prevails and is the only one with legal effect. The Spanish original is published at blastack.com/es/condiciones.

These terms govern signing up for and using Blastack, an internal communications platform available at app.blastack.com, between APRENDIZAJES DEL FUTURO, S.L., with tax ID B23853310 and registered address at Passatge Domènech 3, 08470 Sant Celoni (Barcelona), Spain (the provider), and the company or entity that signs up for it (the customer).

The service is aimed at companies, self-employed professionals and entities acting in the course of their business. It is not sold to consumers, and whoever signs up declares that they are doing so in the exercise of their business or professional activity.

Accepting these terms during the sign-up process has the same value as signing the contract. Together with the privacy policy and the data processing agreement described in it, they constitute the entire agreement between the parties and supersede any previous verbal agreement on the same subject.

The account is created at app.blastack.com by providing the company name, the name and email address of the person signing up, and a password. Whoever creates the account declares that they have sufficient authority to bind the company they represent.

That person becomes the owner of the account and may appoint administrators. The platform distinguishes six roles — owner, administrator, people manager, IT administrator, editor and employee — with different scope, and it is for the customer to assign and review them. No role may grant permissions it does not hold, and the account cannot be left without an active owner.

The workforce joins using a sign-up code, with no need for a work email address. The customer is responsible for distributing it with due care and for removing access for anyone who leaves the company.

Credentials are personal and non-transferable. The customer is responsible for keeping them safe and for the use made of them, and must immediately report to info@blastack.com any unauthorised access it becomes aware of.

Signing up gives access to a trial period of 15 calendar days, free of charge, with all features available and with no need to provide a card or any other means of payment.

Nothing is charged automatically when the trial ends. If the customer decides to continue, it moves to the paid service on the terms of the following section. If it does not, the account is closed and the data is deleted in accordance with the section on customer data.

The trial is intended for one account per company. Successive sign-ups to extend it artificially may be refused.

The price of the service is €1.00 per active person per month as the base fee, excluding taxes. The fee includes the noticeboard and the directory. Every other module is optional, is switched on and off from within the tool itself, and is billed separately at its published price — between one and ten cents per person per month. There is no implementation cost and no charges for the number of communities, posts or people who publish.

An active person is one who has current access to the platform. The count is taken at the close of each billing period, on the people with active access at that moment: invitations that nobody has accepted, and people whose access has been deactivated, do not count, so removing someone reduces the next invoice with no further formalities.

File storage is included within reasonable use proportionate to the purpose of the service, in accordance with the acceptable use section. If exceptional use were to exceed that, the customer would be notified before any measure was taken.

Billing is monthly and in arrears. The invoice is issued in electronic format and sent to the email address the customer designates for that purpose.

Payment is made by bank transfer or SEPA direct debit, depending on the method chosen when contracting, within the period stated on the invoice itself. Any applicable taxes are added to these amounts.

If an invoice goes unpaid, the provider will notify the customer. If 15 calendar days pass from that notice without the situation being put right, access to the platform may be suspended. If a further 30 calendar days pass without payment, the contract may be terminated, and the data will be handled in accordance with the section on customer data. Suspension does not release the customer from paying the amounts already accrued.

The contract has a monthly term and renews automatically for equal periods for as long as neither party ends it. There is no minimum term and no cancellation penalty.

The customer may cancel at any time from the platform itself or by giving written notice to info@blastack.com. Cancellation takes effect at the end of the current monthly period, which has already accrued and is not pro-rated, and no later period is invoiced.

The provider may terminate the contract for breach by the customer, after prior notice to remedy it and allowing a reasonable period to do so, except where the breach cannot be remedied or involves unlawful activity or a risk to the service or to third parties.

The provider supplies the service with reasonable diligence and aims to keep it continuously available, but does not commit today to a guaranteed availability percentage. We prefer to put it that way rather than commit in writing to a figure that is neither measured nor compensated.

Scheduled maintenance work is announced in advance and is carried out outside normal working hours wherever possible. Interruptions may occur for reasons beyond the provider's control, such as failures of the hosting provider or of the communications networks, or events of force majeure.

Regular backups are made within the European Union. They do not replace the exports the customer can make on its own account, nor do they make the provider the custodian of the only copy of the customer's information.

• Providing truthful data at sign-up and for billing, and keeping it up to date.
• Using the service in accordance with the law, in particular with employment law and data protection law.
• Informing its workforce about the processing of their data in the terms of Articles 13 and 14 of the GDPR, and having a legal basis for it.
• Complying with the obligations to inform and consult the employees' legal representatives where employment law requires it.
• Managing roles, additions and removals, and withdrawing access for anyone who is no longer part of the organisation.
• Being responsible for the content published from its account, including content published by its workforce.
• Keeping credentials safe and reporting any security incident it becomes aware of.

The platform may not be used to:

• Publish or distribute unlawful content, content that infringes the rights of third parties, or content that is defamatory, discriminatory or constitutes harassment.
• Monitor the workforce in a way that breaches employment or data protection law, or use reading and activity data for disciplinary purposes without the appropriate legal cover.
• Assign, resell or give access to the platform to people outside the customer's organisation.
• Attempt to access data of other companies hosted on the service, or parts of the system for which no authorisation has been given.
• Reverse engineer, decompile or extract the platform's code, or attempt to obtain its internal workings by other means.
• Carry out security testing, vulnerability analysis or load testing without prior written authorisation, which is granted to anyone who requests it for a legitimate purpose.
• Automate bulk access, overload the infrastructure or introduce malicious software.

If use is detected that puts the service, other customers' data or the rights of third parties at risk, the provider may suspend the affected part, notifying the customer as soon as possible, and may terminate the contract if the breach is serious or is repeated.

The content and the data that the customer and its workforce add to the platform are and remain the customer's. The provider acquires no rights over them beyond what is strictly necessary in order to provide the service contracted.

The provider does not use that data for its own purposes, does not disclose it to third parties, does not exploit it for advertising purposes and does not use it to train automated systems.

The customer can export its information while the contract is in force. When it ends, the customer has 30 calendar days of access in which to do so, unless termination is due to unlawful activity. After that period, the data and the files are permanently erased within a maximum of 30 further days, including backups, with the sole exception of information that has to be kept by law.

At the customer's written request, the provider will issue a certificate of erasure.

The software, the design, the documentation, the Blastack brand and the other elements that make up the platform belong to the provider or to third parties who have authorised their use.

The contract grants the customer a non-exclusive, non-transferable licence to use it, limited to the term of the contract and to the people registered on its account. The source code is not assigned, and its copying, modification, distribution or the creation of derivative works is not authorised.

Improvement suggestions shared by the customer may be incorporated into the product without this giving rise to any right to payment or to any ownership of the result.

In relation to the personal data that the customer adds to the platform about its workforce, the customer is the controller and the provider acts as processor.

The data processing agreement required by Article 28 of the GDPR forms part of these terms and is accepted together with them. Its content, with the specific obligations assumed by the provider, is set out in detail in the privacy policy and can be provided signed separately at the customer's request.

Both parties undertake to keep confidential the information of the other that they access in connection with the contract, both during its term and after it ends.

The provider is liable for direct damage attributable to it as a result of breaching its obligations.

It is not liable for loss of profits, loss of business, loss of opportunity, reputational harm or indirect or consequential damage, nor for loss of data attributable to the customer, to its users or to third parties unconnected with the provider.

The provider's total liability to the customer for any claim arising from the contract is limited to the amount actually invoiced in the twelve months preceding the event giving rise to it.

These limitations do not apply to wilful misconduct, to gross negligence, to damage caused to people, or to any other case in which the law does not allow liability to be limited.

The customer will hold the provider harmless against third-party claims arising from the content published from its account or from breach of the obligations it assumes under these terms.

The provider may change these terms and the price of the service, notifying the customer at least 30 calendar days in advance by email or within the platform.

If the customer does not agree with the change, it may cancel before it takes effect without any penalty. Continuing to use the service after that date amounts to accepting it.

Corrections of typographical errors and clarifications that do not alter the rights or obligations of the parties may be applied without that prior notice.

The platform evolves: features may be added, changed or withdrawn. Where a feature that is relevant to the service contracted is withdrawn, the same 30 days' notice will be given.

The customer may not assign its position under the contract without the provider's written authorisation. The provider may assign it as part of a corporate restructuring, giving prior notice and without this reducing the customer's rights.

If any clause of these terms is declared void or unenforceable, the rest will remain valid and will be interpreted in the way that comes closest to the parties' original intention.

Notices between the parties will be given by email to the addresses each of them designates. The provider's is info@blastack.com.

This contract is governed by Spanish law.

As this is a business-to-business relationship, the parties expressly submit to the courts and tribunals of Granollers for the resolution of any dispute arising from its interpretation or performance, waiving any other jurisdiction to which they might otherwise be entitled.