Legal conditions

Legal conditions

10 de May de 2022 2023-11-06 8:50


On the one hand, the company, MYCHEFTOOL, SL (hereinafter MCT), with CIF: B55325591 and address at Carretera de Sils, no. 39, CP 17430 Santa Coloma de Farners (Girona), Spain and registered in the Mercantile Registry of Girona Sheet GI-64357, Volume 3210, Folio 197.
And on the other hand THE CLIENT (legal person or businessman/or self-employed person who formalizes contracting by accepting the order via the web); Both parties, recognizing each other's legal capacity to be bound, declare that they are interested in entering into a contract for the provision of services in accordance with the following


1. Terms of Service Conditions
These terms and conditions of Service regulate the legal relations between MCT and you, as a User and/or Client of MCT Services. It also applies if you use our Website, if you register in our application or if you subscribe to our services through any of our Affiliates or network of Distributors.
Accepting these General Conditions either by checking the acceptance box in a Web Registration or accepting a Subscription that refers to these Conditions, you are accepting these Terms and Conditions. The Subscription may not contradict the provisions of these Conditions except when they expressly provide for this possibility. If you do not agree with these Terms and Conditions, we ask you to refrain from using this Website, registering on it or contracting any of the MCT Services.
In the event that the Client is a legal entity, the person who accepts these Terms and Conditions guarantees that he is the legal representative of the legal entity or a person authorized by it to accept these Terms and Conditions on its behalf and bind the Client. If you are not authorized or do not accept these Terms and Conditions you must not use the MCT Services. You may not access our Services if you are a direct competitor unless there is express prior written consent from MCT.

The Client acknowledges that the use or contracting of certain Services or Content may be subject to Supplementary Terms, which will be published or communicated to the Client in the Subscription, when accessing said Services or Content or by reference to these Terms and Conditions.

2. Scope
MCT makes available to its Clients access to a series of online resources of different kinds, including but not limited to: management software for establishments in the HORECA channel and similar ones in the sector called “Mycheftool”.
All services offered by MCT will be governed by the Contract Conditions and terms of use contained herein.

3. Use of the service.
3.1. Professional nature.
The website and the products and services offered by MCT are exclusively aimed at professionals, universities, public institutions and companies. Therefore, the current regulations regarding consumers and users will not be applicable to the aforementioned relationship.
If you plan to make personal -non-professional- use of this website or the products and services offered on it, you must Contact us previously, in order to define the contractual framework that will regulate the relationship between MCT and you.
3.2. Subscriptions
Except as specifically indicated otherwise in the Registration Form or Addon Subscription, MCT Services and Products are contracted as an auto-renewable monthly subscription.

4. Contracting
4.1 Data in the Subscription (contracting)
The applicant is responsible for ensuring that both the data included in the Product Subscription or Registration Form, as well as other data related to the registration process, are true and exact and complete, committing to communicate to MCT all changes in them that are necessary for the management and maintenance of the contractual relationship, and must act with special diligence regarding the updating of the data related to your credit or debit card, data bank, pay-pal or any other payment method.

4.2 Denial
MCT reserves the right to accept or reject any contract, as long as:
(a) Verifies that the data provided is contrary to the truth and/or inaccurate; (b) considers that the request made: (i) does not comply with the terms set out in the Contract Conditions and/or (ii) damages or may damage the corporate image of MYCHEFTOOL or is contrary to the commercial purposes pursued by it ; (c) you have pending payment for any Service previously contracted with MCT; and (d) any other cause that MCT considers appropriate.
The denial of the provision of the Service will be made by email. The applicant whose request has been rejected by MCT may request the services again, as long as the reasons that have given rise to non-admission have been duly corrected or eliminated.

4.3 Acceptance
It will be understood that a Contracting Request has been accepted when the applicant receives confirmation of acceptance from MCT or when the contracted Service is activated.

4. Rights and Obligations of MCT
4.1. MCT will have the right: (a) to charge the Customer the price for the provision of the Services; (b) to introduce changes or technological improvements in the Services provided; (c) to access the Client's facilities and rooms where the equipment is located in person or to its equipment remotely, prior acceptance by the client, to verify the correct functioning of the contracted services and (d) to interrupt the services to undertake all those tasks that it deems necessary and/or convenient in order to improve and/or restructure it, as well as to carry out maintenance operations on the Service. In the latter case, MCT will make its maximum efforts: (i) to notify the Client, to the extent possible and with reasonable advance notice, of those periods of time in which the Service will be interrupted and (ii) so that such interruptions minimally affect the Client.

4.2 Obligations
MCT undertakes (a) to provide the Services in accordance with the terms established in the Contract Conditions and (b) to make its maximum efforts to guarantee the provision of the Services uninterrupted twenty-four hours a day. (24) hours a day, every day of the year. MCT will use all means to provide the Client with the Services on the agreed date, but will not be responsible for circumstances or events that are beyond its control, such as delay, interruption or malfunction of the Services attributable to third party operators. or service companies, lack of access to third-party networks, acts or omissions of Public Authorities or fortuitous event or force majeure.

4.3 Customer Service
Customer Service consists of an online technical assistance service that includes a diagnostic service and an incident resolution service. Customer Service is a service that MCT provides to the Client by chat or email during times shown on the website.

5. Rights and Obligations of the Client
5.1 Rights
The Client will have the right: (a) to use the contracted Service under the terms and conditions agreed in the Conditions and Terms of Use and (b) to receive information regarding the development and implementation of new and/or complementary functionalities to the contracted Services.

5.2 Obligations
The Client undertakes to:
(a) comply with payment obligations under the agreed terms and conditions; (b) actively collaborate with MCT to make the provision of the Services possible, agreeing, (c) not to use the Services to carry out activities contrary to the law, morality, public order or to use the Services for purposes or effects that are illicit, prohibited, harmful to the rights and interests of third parties, and MCT declines any responsibility that may arise from this.

6. Economic conditions
6.1. Price
MCT offers the “Mycheftool” application for free. However, MCT reserves the right, at its sole discretion, to determine at any time, at its own discretion, the freeness of the application and its free functionalities.
MCT offers the Client some extra functionalities of the “Mycheftool” application, which are called “Addons” or promotions thereof, which will be paid. Therefore, the Client will pay the prices specified in the Addon subscriptions or in their promotions. Except as otherwise indicated in the subscription or in these Conditions or terms of use: (i) these prices are based on the contracted Services and Content and not on their effective use or non-use by the Client, (ii) the obligations payment are not cancelable and payments already made are not returnable.
Prices may be revised by MCT. Customers may be offered promotions and discounts on them.
The cost of telephone consumption or any other telecommunications service that involves access and use of the contracted Service as well as any costs and/or expenses unrelated to mere access and making the Service available will be the sole and exclusive responsibility of the Client, who must face them directly.

6.2. Billing and payment
The Client will receive one or more invoices corresponding to the contracted Services, in which the amount of the contracted service will appear, as well as the legally applicable taxes. The Client will provide data on one or more payment methods accepted by MCT. If the Client provides credit card or bank account information for direct debit, they authorize us to charge said credit card or bank account for all contracted Services indicated in the Subscription. Such charges will be made in advance or at any other frequency indicated in the Subscription accepted by the client and using any of the payment methods provided by the Client.

6.3 Reimbursable Expenses
The Client must also pay MCT the reimbursable expenses, understood as the travel expenses of the personnel assigned by MCT for the development of the services, plus the charge that, if applicable, corresponds, in concept of management of the services that would have been necessary to provide.

6.4 Reactivation of services
In case of return, delay or non-payment of receipts, MCT may suspend, at any time and without prior notice, all or part of the Services.
As a consequence of non-payment or delay in the collection of an item by the Client, MCT will have the right to collect the expenses caused by it. The CLIENT assumes payment of all such expenses.

7. Duration and Termination
7.1 Duration.
The duration of the service and the “Addons” subscriptions as well as the contracted promotions will be indefinite until any of the established causes for termination of the contractual relationship occur. in the present conditions or established in the Law.

7.2 Termination by MCT
MCT may automatically terminate the contractual relationship with the Client, simply notification by MCT to the Client by email in the following cases: (a) delay or non-compliance, by the Client of its payment obligations and (b) failure by the client to comply with any of the clauses of these General Terms and Conditions applicable to certain products, services or content.
In no case will the early resolution of the existing contractual relationship imply the return of the Service fees paid by the Client to MCT.

7.3 Termination by the Client
The Client has the recognized right to terminate the contractual relationship that binds it to MCT at any time in the event that it considers that MCT fails to comply with any of the terms established in the General Conditions of the Contracting, for this purpose, notification by the Client to MCT by email is sufficient, in accordance with the terms established in this contract.
In no case will the early resolution of the existing contractual relationship imply the return of the service fees. paid by the Client to MCT.
Likewise, in the event that the Client wishes to cancel the Service without respecting the conditions established in any contracted promotion, the Client must pay the corresponding amounts for said period or those established in said promotion. .

8. Modification of the general terms and conditions.
You can access the updated version of these Terms and Conditions whenever you wish at the following address: https://www.mycheftool.com/licencia-uso
MCT may, at any time, modify the General Terms and Conditions of the Service. Updated versions of the Terms and Conditions will appear on this website and, without prejudice to the communication that will be made to clients, will be immediately applicable. The Client is responsible for regularly reviewing the General Terms and Conditions. Your continued use of the Service constitutes acceptance of the modifications introduced.

9. Service Guarantees
9.1 Availability
MCT will make all reasonable efforts to try to guarantee the availability and accessibility of the Service twenty-four (24) hours a day, every day of the year (with the exception of the Service of Data Protection that will be available during business hours). MCT undertakes to make every effort to maintain an acceptable level of compliance with its contractual obligations, but cannot guarantee, explicitly or implicitly, the continuity of the Service at a given time, the integrity of the information stored, processed and/or transferred on/or through your equipment, servers and systems. MCT is also not responsible for the access, authorized by the Client, of third parties to the Client's information stored on the equipment/servers of/by MCT, nor for the loss or corruption thereof due to or as a result of said access authorized by the Client. .
Notwithstanding the foregoing, the Client declares to be aware that the availability of the Service may be conditioned by causes of various kinds, including, without limitation: (i) involuntary failures in the technological architecture of MCT or of any third parties hired for this purpose, (b) periodic maintenance, repair, update or improvement procedures thereof, as well as (c) causes of force majeure or any other that are beyond the control of MCT, which include, but are not limited to, limitation, interruptions or failures in digital transmission or telecommunications links, congestion in access points originated or caused by alleged intentional attacks or for any other causes.
Likewise, the provision of new connections, address changes and updating necessary maintenance operations that, in general, involve the suspension of access or use of the Service may cause interruptions for the time it is necessary to undertake said tasks.

9.2  Interruptions
MCT may temporarily interrupt access or availability to the Service by the Client for security reasons or due to restructuring of its computing resources in order to improve their provision or configuration. In any case, MCT will make its maximum efforts so that such interruptions affect the Client in a minimal way. Likewise, MCT will make its best efforts: (a) to notify the Client, to the extent possible and with reasonable advance notice, of those periods of time in which the Service will be interrupted and (b) so that such interruptions affect minimum form to the Client. MCT will not be responsible for interruptions of the Service that occur as a result of force majeure events, or causes that are beyond its control.

10.Rules of Use
The provision and maintenance of the contracted Service will be understood, in any case, subject to strict compliance by the Client with the terms included in the Contract Conditions and terms of use or, where appropriate case, in any others that may result from its modification. Specifically, as a general rule, the Client undertakes, in relation to the Services, and as the case may be, to:
(a) Always act in accordance with the law, good customs and the requirements of good faith , using diligence appropriate to the nature of the contracted Service, refraining from using said Service in any way that could prevent, damage or deteriorate its normal functioning or the rights of MCT or the rest of its Clients, users and/or in general. from any third parties.
(b) Use the assigned systems and resources only in accordance with the uses for which they were intended and without causing any harm or damage, direct or indirect, to them. (c) Not disturb, impede, interfere with, distort or damage the assigned equipment, systems and resources, as well as those of third parties, or the provision of the Service of the other MCT clients. (d) Observe all the rules and conditions that MCT may impose on the use of the assigned equipment, systems and resources in order to provide an optimal and adequate Service. (e) Not use the servers, systems or resources of MCT, or the contracted Services themselves, to carry out activities contrary to the law, morality, or public order. Likewise, the Client undertakes not to use the Service for purposes or effects that are illicit, prohibited or harmful to the rights and interests of third parties, and MCT declines any responsibility that may arise from this.
By way of example, and not limitation, the Client will not carry out activities through, or through, the contracted Service, that involve the violation of the rules on telecommunications, intellectual property, industrial property, competition, unfair competition, advertising, protection of rights. to honor, personal and family privacy, one's own image, privacy, protection of personal data, freedom of expression, freedom of opinion, freedom of information, or other rights of a similar nature. Likewise, the Client will not store or transmit through MCT equipment, servers and systems, data that in any way violates the protection of children, youth or women, provides information or data that, in any way, may pose a risk to the health or physical or mental integrity of third parties or imply a risk of damage to their property, as well as, in general, that infringe rights or obligations of a civil, criminal, administrative or any other nature.

11. Liability regime
MCT will not be responsible for problems derived from lack of access or problems inherent to Internet connectivity or electricity networks when these arise from causes beyond its control or from causes beyond its control. They could not have been foreseen by the Parties or that, even if they were foreseeable, MCT has made all reasonable efforts to avoid them or that they were considered as fortuitous causes or force majeure.

11.1 Third Parties
The Client is solely responsible for any claim or legal, judicial or extrajudicial action, initiated by third parties both against the Client himself and against MCT, relating to the infringement of third party rights and/or regulations. applicable that arise from the illicit use of the contracted Service, the Client assuming any expenses, costs and compensation incurred by MCT due to such claims or legal actions.

11.2 Service
Except in cases of intentional and negligent action, MCT will not be responsible to the Client, nor to its clients, for any damage derived from these cases, including: total or partial loss of information, inability to access the Internet, or inability to process, transmit or receive information caused by delays or interruptions of service.
MCT will in no case be responsible for damages, loss of business, income or profits, damage emergent loss of profits, deterioration or destruction of information that may arise from the provision of the Service.
MCT will be exonerated from any type of liability towards the Client, its clients and third parties in cases in which the anomalies are due to actions or omissions directly attributable to the Client, its clients, contractors, tenants, representatives, assignees or employees, or personnel who depend on it or are at its service, including those that are a direct or indirect consequence of the misuse or improper manipulation of the equipment , systems and resources by personnel other than the Client, of the lack of any permit both for the installation and for the modifications of the technical characteristics of the installed equipment attributed or attributable to the Client.
MCT will not be responsible for the problems derived from the lack of access or problems inherent to connectivity when that or these have their origin in causes beyond their control or in causes that could not have been foreseen by the Parties, or that were considered as causes of force majeure, or causes that are find out of their control.

MCT does not guarantee the absence of any foreign elements that may cause alterations in the Client's computer equipment and applications or in the electronic documents and files stored or transmitted from MCT equipment and systems.

11.3 Content
MCT does not become the editor of the information deposited by the user in the MCT system or servers, and therefore, it does not assume any responsibility for the damage that said content may cause to other users. .
The Client acknowledges that the information that can be accessed through the access service is the responsibility of the person who creates it. Consequently, MCT will not be responsible in any case and under any circumstances for the content of the information of third parties to which the Client may access, nor for the damages that the Client may suffer by virtue of said third party information.
MCT expressly declines any responsibility in relation to the introduction into the Client's equipment and/or systems and/or into the information of computer programs or foreign materials that contain a sequence of instructions or indications that may cause harmful effects to the Client's computer system. , including, but not limited to, "computer viruses", "Trojan horses", errors in functionality and operability ("bugs"), "time bombs", "cancelbots", etc.

12. Fortuitous Event and Force Majeure
None of the parties will be responsible for the delay in the execution of their obligations or for the non-execution of the same (except for non-payment to the other party) if this non-compliance is motivated by circumstances. fortuitous events or reasons of force majeure, in accordance with the provisions of article 1,105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. If the cause of force majeure lasts more than three (3) months, either party may terminate these Contract Conditions. MCT will not be responsible for delays or failures that occur in the operation of its technological architecture, nor for interruptions or malfunctions of the Service, when they arise from breakdowns caused by natural disasters such as earthquakes, floods, lightning or fires. , situations of force majeure, situations of extreme urgency such as wars, military operations, civil unrest, strikes, lockouts, or is beyond its reasonable control.
For these purposes, the following elements, by way of example, but not limited to: • MODEM or ADSL Router of the client • System or computer device of the user • Net PC or Web PC o Connection software o Apps installed on tablets or smartphones that interfere with the service provided • Software of navigation • Applets, ActiveX controls and navigation program plugins • Viruses • Switched telephone network, ISDN, frame relay, cable, satellite and any other transport or telecommunications infrastructure

13. Intellectual Property
The Client acknowledges that the entry into force of the contractual relationship that derives from the acceptance of the Contract Conditions does not imply any type of representation, delegation, guarantee or other provisions other than those described herein. conditions or terms of use.

13.1 Ownership
The Client recognizes the intellectual and, where applicable, industrial property rights of MCT over the “Mycheftool” software and programs to which it accesses, accepting these conditions as well as the copy thereof, patents, trademarks, user manuals, tutorials, trade secrets and any other that may arise in compliance with this contract, including any information or documentation that MCT may provide to the Client.
This contract does not imply a sale. and does not grant any ownership rights in the service and technology to the Client. The name “Mycheftool”, its logo and the product names associated with the service are trademarks of MCT or third parties and no right or license is granted for their use.
The Client acknowledges and declares that the software and programs supplied by MCT and any copies thereof are and will remain the property of MCT.

13.2 Backup of Content
In order to guarantee the purposes of this Agreement, the Client authorizes MCT to make backup copies of the information delivered and/or stored by the Client in the MCT infrastructure during the period of time in which the provision of the Service is still active.

14. Privacy Policy
You can access the privacy policy of these Terms and Conditions whenever you wish at the following address: https://www.mycheftool.com/politica-de-privacidad

15. Non-personal data
Non-personal data that is part of the Client's commercial activity will become part of MCT's internal database and will be treated anonymously and may be used by MCT to improve its services to the clients.

16. Notifications
All notifications, requirements, agreements, consents, acceptances, approvals or communications that are necessary in accordance with the provisions of the Contract Conditions or that, in one way or another, are related to them, are They will be considered effective and valid for all purposes when they are made in writing, and sent in the following ways:
* by MTC: (a) sending by postal mail to the Client's address indicated in the service contracting form and (b) sending by email to any of the mailboxes that the Client has communicated to MTC in the service contract form. * by the Client: (a) To the postal mail provided in the heading of these Contract Conditions, and (b) to the email accredited by MCT at the time of contracting the services. All communications between the parties related to the operation and management of the contracted Service may be carried out by email or web form.

17. Assignment
The Client may not assign, transfer, encumber or subrogate this contractual relationship, nor the rights and obligations derived from it, in favor of third parties, without the prior written consent of MCT.
MCT is authorized to assign all or part of the contractual relationship to any of the companies of the Group to which it belongs with the sole obligation of notifying the Client in advance.

18. Subcontracting
MCT may contract and/or subcontract with third parties, companies or professionals whatever it deems appropriate in relation to their performance of any or all of the activities necessary for the maintenance, updating, improvement or provision of the Service.

19. Suspension of the Service
In order to safeguard the integrity of the network, provide the contracted Services, and comply with the required quality commitments, MCT may suspend the provision of the Service and disconnect the services when the Client carries out susceptible actions. of causing damage or harm to people, equipment, systems, supports and/or networks of third parties and/or MCT, especially the sending of SPAM or junk mail, whether negligent or intentional, in the latter case MCT may cancel the service without any refund of the amounts paid.

20. Applicable Legislation
The agreements and Clauses that make up this Contract will be interpreted and governed by Spanish Law.

21. Competent Jurisdiction
Both contracting parties expressly renounce the jurisdiction that may correspond to them, hereby submitting, and for any dispute that may arise from the interpretation and application of this contract, to the jurisdiction of the courts and tribunals of Girona.