Terms of use and contracting

1Parties and purpose

These terms are entered into between RENTERUS SOFTWARE S.L. (Tax ID B72826324, Calle Bellavista 4, Edif. Capri, Local 2, 29780 Nerja, Málaga, Spain; “Renterus”) and the company or professional that subscribes to the service (the “Customer”).

Their purpose is to govern access to the Renterus software-as-a-service platform, available at new.renterus.com, its subdomains and the mobile apps (the “Platform”), and the rights and obligations of the parties.

The service is aimed at companies and professionals acting in the course of their business or profession. If the person subscribing is a consumer, the mandatory consumer and user protection rules will also apply and will prevail over these terms to the extent that they are incompatible.

2Definitions

• Customer: the company or professional that holds the company account on the Platform.
• User: any individual with access to the Platform. Authorised Users are those the Customer adds or invites (employees, collaborators, owners, drivers, etc.).
• Plan: the subscribed service option, with its features, limits and price.
• Customer Data: the information that the Customer and its authorised Users enter on the Platform or that is generated by its use, including the personal data of third parties.
• Templates: the models of documents, contracts, clauses or texts that Renterus makes available on the Platform.

3Acceptance and subscription

Subscription takes place by electronic means. The Customer accepts these terms, and the annexed Data processing agreement, by ticking the relevant box during registration or when subscribing to the Plan. Renterus keeps a record of the acceptance, its date and the version accepted.

The person accepting on behalf of the Customer declares that they have sufficient authority to bind it.

These terms are available at all times on this page and can be printed or saved. The language of the contract is Spanish; translations are provided for information purposes.

4Description of the service

Renterus offers management tools that the Customer can use according to its Plan, including: management of properties, bookings and guests; time tracking and staff management; electronic signature of documents; invoicing (including the VeriFactu system); transfers; key management; chat; accounting and transactions; and integrations with third-party services.

Renterus may improve, change or withdraw features to adapt them to the technical, legal or commercial development of the service, without substantially reducing the essential features of the subscribed Plan during the current period.

5Account, users and credentials

• The Customer is responsible for the accuracy of its account data and for keeping it up to date.
• The Customer decides which authorised Users have access and with which permissions, and is responsible for their use of the Platform as if it were its own.
• Credentials are personal and non-transferable. The Customer and its Users must keep them safe and tell Renterus without delay of any unauthorised use or security breach they become aware of.
• Each User manages their own account data in accordance with the Privacy policy.

6Obligations and responsibilities of the Customer

The Customer undertakes to use the Platform in accordance with the law, these terms and good faith. In particular:

• It is solely responsible for complying with the legal obligations of its own business that it manages with the Platform (employment, such as working-time records; tax and invoicing; tourism, such as traveller registration; consumer; data protection, etc.).
• It is the controller of the personal data of its employees, owners, customers, guests and other third parties that it enters or generates on the Platform. It is responsible for informing them, having a valid legal basis and, where applicable, carrying out the necessary impact assessments (for example, for employee geolocation or biometric identity verification).
• It will not enter content that is unlawful, infringes third-party rights or contains malicious software, nor use the Platform to send unsolicited communications.
• It will not try to access other customers’ data, get around security measures, reverse engineer, overload the Platform or resell the service without authorisation.

Documents and templates

• The Customer is solely responsible for the content, validity and consequences of the documents, contracts, communications and invoices it issues or sends to its workers, owners, customers or other third parties through the Platform, including those signed electronically.
• Renterus Templates are general models offered as a starting point. They do not constitute legal, employment or tax advice, and they are not adapted to the Customer’s circumstances or to later changes in the law. The Customer must review and adapt them, with any professional advice it needs, before using them.
• Renterus is not a party to the relationships between the Customer and its workers, owners, customers or guests, and is not responsible for their performance.

7Invoicing and VeriFactu

The Platform allows invoices to be issued and invoicing records to be sent to the Spanish Tax Agency through the VeriFactu system. Renterus is responsible for the proper operation of the software in accordance with the rules governing computerised invoicing systems. The software’s responsible declarations can be found on the Responsible declaration page.

The Customer is responsible for the accuracy of the tax data and the content of the invoices it issues, the tax rate applied and compliance with its tax obligations.

8Availability and support

Renterus will use reasonable means to keep the Platform continuously available, but does not guarantee uninterrupted or error-free operation. There may be interruptions for maintenance (which, where possible, will be scheduled at times of lower use and announced in advance), for updates, for reasons of force majeure or because of third-party failures (hosting and communications providers, booking channels, payment gateways, the Tax Agency, etc.).

Renterus does not commit to a specific service level (SLA) unless expressly agreed in writing; availability is offered on these reasonable-efforts terms.

Support is provided through the channels and during the hours indicated on the Platform or in the subscribed Plan.

9Price, invoicing and payment

• The price is that of the subscribed Plan, according to the information shown at the time of subscription or in the “My Plan” section. Prices do not include taxes, which will be added according to the applicable rules.
• The service is invoiced monthly in advance and charged to the card provided by the Customer. If the Plan includes a free one-week trial, the first charge is made when the trial ends, unless the Customer cancels the renewal beforehand.
• If the Plan provides for it and the number of connections exceeds the number included for three consecutive months, the excess price shown in “My Plan” will be charged from then on, until usage is back within the limit.
• If the bank declines the charge, the subscription is deactivated and the account switches to read-only mode (see Return and deletion of data on termination) until the Customer subscribes to a Plan again.
• Renterus may change prices with at least 30 days’ notice. The new price will apply from the next billing period. If the Customer does not agree, it may cancel the service before the new price applies.
• Unless required by law or otherwise agreed, periods that have begun are not refundable.

10Duration, renewal and cancellation

The contract lasts for the period of the subscribed Plan and renews automatically for equal periods, unless the Customer cancels it before the current period ends. Cancellation can be requested from the Platform or by writing to legal@renterus.com and takes effect at the end of the period already paid for.

11Intellectual property

Renterus owns, or is the licensee of, all rights in the Platform, its software, design, trade marks and Templates. For the term of the contract, it grants the Customer and its authorised Users a limited, non-exclusive and non-transferable licence to use it, solely for their internal business and under the terms of the Plan.

The Customer retains ownership of the Customer Data. Renterus will only process it to provide and maintain the service, in accordance with the Data processing agreement, and will not use it for its own purposes. The Customer also instructs Renterus to produce, from the use of the Platform, aggregated and anonymised statistics that do not allow the Customer or any person to be identified; Renterus may use those statistics to improve the Platform.

Renterus may use any suggestions for improvement the Customer communicates freely and without consideration.

12Data protection

Renterus processes as controller the user account data and the Customer data needed to manage the contractual relationship, in accordance with the Privacy policy.

As regards the personal data that the Customer processes with the Platform in its relationships with third parties, the Customer is the controller and Renterus acts as processor. That processing is governed by the Data processing agreement, which forms an inseparable part of these terms.

13Confidentiality

Each party will keep confidential the non-public information of the other party that it learns of because of the contract, and will use it only to perform the contract. This obligation continues after the contract ends, except for information that is public, has been lawfully obtained from third parties or must be disclosed by law or by an authority.

14Limitation of liability

• Renterus is liable for the performance of its obligations under these terms. It is not liable for indirect or consequential damage, loss of profit, loss of business or reputation, or loss of data attributable to the Customer or its Users.
• Renterus is not liable for the content of the Customer Data, the decisions the Customer takes with the Platform, the documents and invoices it issues, or the operation of third-party services integrated at the Customer’s decision.
• The Platform is offered as it is available at any given time. Renterus does not guarantee that it will meet the Customer’s specific needs or that a particular result will be obtained with it.
• It is for the Customer to review the data, documents, clock-ins and invoices it generates with the Platform before using or sending them, to keep its own copies of the information it considers important and to tell Renterus of any incident as soon as it becomes aware of it, so that it can be corrected and its effects limited.
• Renterus’s total liability for any cause arising from the contract is limited to the amount paid by the Customer in the three (3) months before the event giving rise to it.
• These limitations do not apply in cases of wilful misconduct or gross negligence, to personal injury, or where the law does not allow liability to be limited.

15Suspension and termination

Renterus may suspend access in whole or in part, with prior notice where possible, in the event of non-payment, serious breach of these terms, unlawful use or risk to the security of the Platform or of other customers.

Either party may terminate the contract if the other seriously breaches its obligations and does not remedy the breach within fifteen (15) days of being asked to do so. The Customer may also cancel at any time under the duration clause.

16Return and deletion of data on termination

When the paid period ends without renewal, the account switches to read-only mode: the Customer and its authorised Users can view and download their data, but cannot create or change anything. It stays this way until the deletion date shown in “My Plan”, four (4) years after cancellation, the period for which the law requires, for example, working-time records to be kept. Until then, the Customer can subscribe to a Plan again and carry on working with its data, or ask Renterus to hand it over in a structured, commonly used format.

On the deletion date, or earlier if the Customer asks in writing, Renterus will delete or anonymise the Customer Data (so that no one can be identified and without affecting the data of other companies it was connected with), including backups in their ordinary rotation cycles, except for data it must keep blocked by law (for example, invoicing records) and for as long as the law requires. All of this is on the terms of the Data processing agreement.

17Changes to the terms

Renterus may change these terms for legal, technical or commercial reasons. Substantial changes will be notified at least 30 days in advance through the Platform or by email. If the Customer does not agree, it may cancel before they come into force; if it continues to use the service afterwards, it will be deemed to accept them.

Each version is identified by its number and date in the header of this page.

18Notices

Communications between the parties will be made in writing, preferably by electronic means: to Renterus, at legal@renterus.com; to the Customer, at the email address of its account or through notices on the Platform.

19Assignment and subcontracting

The Customer may not assign the contract without Renterus’s consent. Renterus may subcontract parts of the service and assign the contract to a company in its group or to a successor in the business, notifying the Customer. Subcontracting involving access to personal data is governed by the Data processing agreement.

20General provisions

If any clause is declared void, the others will remain valid. A party’s failure to exercise a right does not mean that it waives it. These terms, together with the subscribed Plan and the Data processing agreement, constitute the entire agreement between the parties. In the event of any discrepancy between the Spanish version and its translations, the Spanish version will prevail.

21Governing law and jurisdiction

These terms are governed by Spanish law. Any dispute will be submitted to the courts that have jurisdiction under the law.