"Portal", "web site", "site", or "Website": The main
Gespet website
(gespet.com) as well as all subdomains.
"User", "users", "client", "clients", "customer",
"customers",
"you", "Contracting Party" or "Contracting person": Any individual or
legal entity that contracts, accesses,
browses, or uses the Service; uses contact forms, demo access forms, or
purchasing forms;
accesses the User support area; engages with social media; and the Portal,
even if no purchase is made, and who uses, accesses, or utilizes the
Contents
provided therein.
"Contents": Any information, text, link, software,
material,
images, videos, documentation, etc., whose provision and access occur
solely online
through the Portal and by navigating through it.
"Gespet", "Services", "the platform", "the service" or
"we":
Services offered on our website and accessible through
gespetsoftware.com, and any of
its subdomains.
2.1. User and Conditions of Portal Use
The use of the portal implies the User's full acceptance
of all the General Terms of Use in force at the time the User accesses
it. Therefore, if you do not agree with its content, you must refrain
from using the portal.
The User undertakes not to use the portal or its services and contents
in a manner contrary to the applicable legislation. Gespet reserves the
right to withdraw access to the Portal, without prior notice, from any
User who violates the provisions of this legal notice.
Gespet reserves the right to modify these General Terms of Use at any
time, as well as any other general or specific conditions, usage
regulations, or notices that may apply. Likewise, it reserves the right
to modify the presentation, configuration, and location of the portal
at any time, as well as the contents and conditions required to use
them.
The User acknowledges and that access and use of the portal and the
contents included in it take place freely and consciously, under their
sole responsibility. The User undertakes to make appropriate and lawful
use of the portal and the contents, in accordance with the applicable
legislation, these General Terms of Use, generally accepted morals and
good customs, and public order.
2.2. Industrial and Intellectual Property
The User acknowledges and accepts that all industrial and
intellectual property rights to the contents and any other elements
inserted in the portal belong to Gespet, except those specifically
indicated as not belonging to it.
Gespet owns the elements that make up the graphic design of its
website, menus, navigation buttons, HTML code, texts, images, textures,
graphics, and any other content of the portal, or in any case, has the
corresponding authorization for the use of these elements.
The content of Gespet may not be reproduced, in whole or in part,
transmitted, or recorded by any information retrieval system, in any
form or by any means, without the prior written authorization of said
Entity.
Likewise, it is prohibited to remove, evade, or manipulate the
"copyright" and other identifying data of Gespet's rights, as well as
technical protection devices or any information mechanism that may
contain the contents.
2.3. Disclaimer
Neither Gespet nor third parties provide any warranty
regarding the accuracy, timeliness, performance, completeness, or
suitability of the information and materials found or offered on this
website for a particular purpose. You acknowledge that such information
and materials may contain inaccuracies or errors, and we expressly
exclude liability for any such inaccuracies or errors to the fullest
extent permitted by law.
Your use of any information or materials on this website is entirely at
your own risk, for which we shall not be liable. It shall be your own
responsibility to ensure that any product, service, or information
available through this website meets your specific requirements.
The website and the Blog may include links to other websites. These
links are provided for your convenience to provide further information.
They do not signify that we endorse the websites. We have no
responsibility for the content of the linked websites, which remains
the responsibility of their authors or owners.
The user must be 18 years of age or older to use this
Service and must provide their full legal name, a valid email address,
and any other information requested to complete the registration
process.
The purchase process is very simple:
-
1. View Prices and Buy
-
In the Buy section, you
can check prices before starting the purchase process.
-
2. Select Services and Chosen Payment Method
-
The user selects the Services they wish to
purchase, and the final price appears on the screen. There are
two payment methods:
Annual Payment: Make a single payment and
use the Service for the next 365 days.
Monthly Payment: Create a monthly
subscription to use the Service for one month,
renewable for the following months.
-
3. Discounts
-
In the case of annual payment, a discount will be applied to
the price. There is no need to use codes, coupons, or the like.
The discount is applied automatically and is displayed on the
screen before payment.
By selecting multiple Services, an additional discount for a
joint purchase may apply and will be displayed on the screen
before
payment.
-
4. Data to Create the Customer Account
-
A form appears for the user to fill in their basic
data. These are the only data that Gespet stores for the
creation/configuration of the customer's account and to
establish contact with the customer: Country, business name,
contact person's name, primary and alternative email, and
acceptance of the legal/communication conditions.
-
5. Make the Payment
-
By clicking on the Pay option, you will be
redirected to the payment provider's payment option, where you
can choose the payment method. We offer multiple payment
options: Card, ApplePay, Google Pay, Link, Bancontact, EPS,
Giropay, iDEAL (subject to geographic availability).
In the case of annual payment, the Service duration is 365 days
from the date of purchase (for new subscriptions) or from the
previous expiration date (for renewals).
When this period is about to end, we will notify you. If you
wish to continue using the Service (renew it), you don't have
to do anything, as it will be automatically renewed. If you do
not wish to renew it, you can cancel it.
In the case of monthly subscription, the customer can create
independent subscriptions or combine multiple Services into a
single subscription.
A monthly subscription will be created, automatically renewed
each month, with no commitment to stay. For example, after 3
months of use, the customer can cancel the subscription, and no
charges will be made for the following months.
-
6. The user can start working immediately
-
Gespet creates/configures the account and sends an
informative email to the customer with access information and
data. The email includes a comprehensive digital help area with
guides and manuals, additional information about the contracted
Service (tips, configuration recommendations, etc.), security
recommendations, and much more.
All guides are available in digital format, in Spanish and
English. Additionally, they include an automatic translation
tool for translation into other languages.
With this information, the customer can start working
immediately, without any delays.
-
Additional Information
-
Gespet does not handle your banking information;
everything is done through the secure payment gateway of the
payment provider. Gespet does not store any information about
payment methods, only the subscription method and the start/end
date of the subscription period.
INVOICE/BILLING
At any time, the customer can request an invoice by providing
the necessary information to Gespet, even if the invoiced
period is before the date of the invoice request. The invoice
cannot be issued with a past date. Invoices will be issued in
US dollars (USD$).
Gespet does not store the customer's billing/tax information
unless the customer expressly
requests it. In that case, Gespet will store
the tax information provided by the customer to automatically
issue and send the invoice to the customer each time a payment
is made.
MODIFY BILLING INFORMATION
Once the invoice has been made, it is no longer possible
to modify the billing information for that invoice; However,
it can be done for future invoices.
The customer can request a change to the
billing information previously provided by clicking
here and filling
out the new billing information.
Subsequent invoices will reflect these billing details,
provided that the change has been notified at least 24
hours before the renewal/purchase;
For example, if your software renewal occurs on
day 4, and on the same day, you modify your
billing information, it's possible that the renewal has already
occurred, and therefore, the invoice has been generated
with the previous information. In this case, the change will
apply to the next invoice. If the invoice has not yet been
generated, it will be issued with the new information.
Gespet does not guarantee that the Service will meet your specific
requirements, the Service will be uninterrupted, timely, secure, or
error-free, the results that may be obtained from the use of the
Service will be accurate or reliable, the quality of any service,
information, or other material purchased or obtained by you through the
Service will meet your expectations, and any errors in the Service will
be corrected.
The fact that Gespet does not exercise or enforce any right or
provision of the Terms and Conditions shall not constitute a waiver of
such right or provision. The Terms and Conditions constitute the entire
agreement between you and Gespet and govern your use of the Service,
replacing any previous agreements between you and Gespet.
The service is available in the public cloud.
What is a public cloud?: A Service that is hosted within the
provider's or third parties' servers. The cloud infrastructure is
shared by several independent clients, ensuring independence
between these clients' environments.
The request/contracting and activation of any of the rental Services of
this tool and its options presuppose that the User has read and
accepted these conditions.
The Service implies hosting on a server owned or leased by Gespet, as
well as connectivity of said server with the contracted traffic during
the stipulated time.
Current server location: Newark, NJ (U.S.)
Gespet reserves the right to modify the physical location of its
facilities and/or server at any time, with prior notification to the
user.
The customer will access the Service remotely using a recent version of
a web browser, as detailed in the Web
Browsers section.
Additionally, it is possible to use the Service in a private cloud.
This private cloud service has specific prices, terms, and conditions.
>> Read the information
about Gespet Private Cloud Service
By contracting the Service, the User expressly declares that they
accept this Service Use Agreement and the Privacy Policy detailed
here in its entirety.
4.1. Gespet Service License Agreement
IMPORTANT: Please read the terms and conditions of this
agreement carefully before using the Service. Gespet grants you the
ability to use the Service as an individual, company, or legal entity
that will use the Service only if you accept all the terms of this
license agreement. This agreement constitutes a legal and enforceable
contract between the User and Gespet. By clicking the "purchase"
button, you electronically indicate your consent and acceptance of the
terms and conditions of this agreement. If you do not agree to these
terms and conditions, do not purchase the Service and contact us if you
require any further clarification.
When using this Service, you shall:
- Comply with the law.
- Adhere to codes of conduct or other notices we
provide to you.
- Immediately notify us if you become aware of a
security issue related to the service.
4.2. Copyright
The Service you are going to use, including text, music,
images, photos, animations, animated images, videos, or any other
digitized file, is the property of Gespet or its respective
authors.
This legal entity is protected nationally and internationally by laws
and international conventions. With this license agreement, we
guarantee your right to use this service.
The content of the Service is the property of Gespet or its licensors
and is protected by intellectual property laws. Although Gespet
continues to own the Service, the User will acquire certain usage
rights once they accept the license agreement.
4.3. Contents and Information
Gespet will not be responsible in any case for the data
hosted by the User, whether it is content owned by the User or third
parties.
The User is solely responsible for the content, use, and publication of
information and communications transmitted through the contracted
Services.
When it is necessary to use Usernames and access passwords for the use
of all or some of the services, the User is responsible for their
confidential treatment, their exclusive use by the User, and will
prevent their fraudulent use by third parties as a result of lack of
diligence or confidentiality in their custody by the User.
Services contracted with Gespet must be used exclusively for lawful
purposes. The use of any of the contracted services to engage in
activities contrary to the law is strictly prohibited.
Among others, the User must not:
- Use the service to send or disseminate false,
defamatory, harmful, unlawful information, or information that
undermines human dignity or that violates or breaches
confidentiality, privacy, personal data protection, trade secrets,
industrial or intellectual property rights of third parties,
consumer and user rights, or any other rights.
- Copy documentation, advisory advice, consultancy, or
audits carried out.
- Use the service to take actions that constitute a
violation or breach of the rights of any person or the violation or
infringement of any type of legal duty or obligation, whether
contractual or otherwise.
- Grant usage licenses, rent, or lease any part of the
Service or any of its copies; use reverse engineering techniques,
decompile, disassemble, modify, translate, attempt to discover the
source code, or create products derived therefrom. If the User
needs any additional information, they should contact Gespet's
support center, where it will be provided.
- Use the service to take actions that contravene the
instructions provided by Gespet to the client regarding the use,
installation, and/or maintenance of the Service.
- Use the service as part of a facility management
agreement, timeshare, service provider, or service office.
- Use the service to collect or disclose information
about other people, including email addresses, without their
consent.
- Use the service to send or introduce viruses,
trojans, worms, or any other hostile, harmful, or detrimental
computer program, perform SPAM, computer hacking, bombing, or any
other actions that are or may be harmful to the service or the
network of Gespet or its connectivity providers, Gespet's clients,
or third parties.
- Use the service for anything that infringes on
another person's rights to trademarks or domain names or in any
unauthorized manner under this agreement.
The Service will always be used exclusively for individual use.
However, any violation of the provisions in the previous clauses will
empower Gespet to terminate the validity of this license and withdraw
User access, without prejudice to criminal and civil actions that may
result from such violation.
4.4. Spam and Email Sending
The User cannot send SPAM, unsolicited advertising, or
mass email as SPAM through any services contracted with Gespet or
through other electronic messaging services or similar through which
web pages, websites, or domains of the User or User clients hosted on
contracted services are advertised. In any case, the User is considered
responsible.
In the event of a breach of this clause, we will notify the User at the
email address provided when requesting/contracting the service to
resolve the issue within a maximum of 24 hours.
In the case of repeated violations of this clause or if Gespet
determines that deliberate and not accidental SPAM, unsolicited
advertising, mass email sending as SPAM, or similar actions have taken
place, Gespet reserves the right to immediately deactivate the service,
with prior notice to the User, and to claim the corresponding
damages.
Gespet also reserves the right to deactivate or temporarily suspend the
User's service if the SPAM or mass email caused by the User or directed
at the User harms the integrity or performance of Gespet's network or
its providers.
When contracting the Service, the user will have a limit of sending 100
emails per month.
The Gespet email server will be used for sending
emails.
Additionally, it is possible to acquire Gespet Corporate
Email service. This service has specific prices, terms, and conditions.
>> Read the information
about Gespet Corporate Email service
Gespet guarantees the delivery of 100% of the emails sent
from its platform, but cannot guarantee the receipt of all of them (non-existent
or incorrect email address, recipient's mailbox is full, the email
has been marked as spam, or any other cause unrelated to
Gespet).
By sending emails from our platform, the User authorizes
Gespet to send these emails on their behalf. Gespet will not engage or
contact the User's clients/contacts in any case, exclusively handling
the sending of emails that the User has requested to send (such as
sending invoices, reservation confirmations or cancellations,
reminders, and online reservation confirmations, among others).
It is recommended that the User adds the email address
gespet@mg.gespetsoftware.com to their contact list to ensure the
correct receipt of copies of sent confirmations in their inbox.
This email address will be used exclusively for sending emails, and it
does not accept receiving emails or responses from the contacts to whom
the email has been sent.
4.5. Technical Support
The User is solely responsible for managing and
administering the contracted services. If the User requests Gespet to
develop new services or functionalities, it will be budgeted and billed
separately, and Gespet may reserve the right not to carry out the
requested operations if it considers that it may interfere with the
security and/or proper functioning of its infrastructure or for any
other reason.
If necessary, the client must provide information, cooperation, and
sufficient access to allow Gespet to fulfill its commitments to
diagnose alleged non-conformities, provide assistance, and/or support
to the User.
Gespet cannot resolve a problem reported by the User if the User does
not provide all the necessary information for the correct resolution of
the incident, such as information about the operating system and web
browser used by the User, screenshots explaining the error or incident,
PDF documents, XLS files, or any other type of information that Gespet
may need and requests from the User to review, reproduce, and
therefore, resolve the error or incident.
Gespet will attempt to reproduce the problems and/or errors that the
User reports. If Gespet requires the User's assistance to reproduce
and/or analyze the error or problem, the User must cooperate with
Gespet for this purpose. If the User does not respond to Gespet's
tickets and/or messages, does not perform the actions that Gespet
instructs to reproduce, check, or resolve the problem and/or error, or
does not cooperate by providing the information Gespet requests, Gespet
will consider the error or problem to have been resolved due to the
lack of response from the User and will therefore close the ticket
related to that incident in the support area.
In such a case, the User will not be able to make any claims for
losses, damages, or harm to Gespet, citing Service problems or denial
of support, as the User has failed to comply with their cooperation
obligations described above.
All after-sales service will be processed exclusively through
the support area to ensure the necessary processing speed and record.
However, Gespet also provides the User with an email address
gespetsoftware[at]gmail.com that the User may use if they are unable to
do so through the support area.
Under no circumstances and under any circumstances, messages, notices,
alerts, or any other notifications received through social networks
that Gespet uses, such as Facebook, Twitter, Instagram, Youtube,
Pinterest, or the blog, will be considered legitimate requests for User
assistance and/or support, and therefore, Gespet is not obligated to
offer assistance through these means. The support area is the exclusive
channel for requesting User assistance and/or support.
For security reasons, it is not recommended to use outdated versions of
operating systems and/or web browsers. Therefore, it is not possible to
provide support to users who deliberately choose to use outdated
versions of the operating system and/or web browser on their devices.
Outdated versions are understood to be those that the
manufacturer/owner has ceased to support and for which no longer
provides technical support or security updates.
Gespet will perform Corrective Maintenance to keep its Services in
proper operating condition, adequately secured, and to include
improvements and innovations, without the need for prior notification
to the User. However, Gespet will attempt to keep the User informed
about maintenance processes whenever possible.
Occasionally, Service updates may require hardware upgrades to achieve
better performance or security. In these circumstances, the client must
assess the need to acquire additional equipment.
Maintenance/Support excludes:
- Providing Corrective Maintenance Services for
problems caused by Services, software, or tools not provided by
Gespet or by Gespet Services that have been tampered with or
modified by unauthorized personnel.
- Providing Corrective Maintenance Services for
problems caused by incorrect use of the Service or operational
errors.
- Queries whose answers are explicitly found in the
manuals or on the portal.
- The insertion on the website/CRM/Facebook/etc. of
online reservation/appointment request services or any other
matters related to the User's website/CRM/Facebook/etc.
- Gespet will not be responsible for failures in its
Service as a result of the installation of third-party operating
systems or software.
- Providing support or assistance services for the
User's Hardware: mobile devices, tablets, computers, barcode
readers, cash drawers or points of sale, scanners, cameras,
printers of any type, among others.
- Providing support or assistance services for the
User's graphic material and/or supplies, such as logos, images,
label printing, card printing, diploma printing, and image
printing, among others.
- Solving errors and/or access or performance problems
of the Service if the User is using an obsolete or discouraged
operating system and/or web browser according to Gespet (Not
included in the "Web Browsers" section).
4.6. Service Cancellation. Retention Periods (Expiration and Data)
In the annual contract/renewal, the duration of the
Service is 365 (three hundred sixty-five) days from the moment of
purchase/expiration date, and in the monthly contract, it is 30
(thirty) days automatically renewable through a subscription created by
the User.
The User may cancel the Service at any time and shall not be entitled
to claim any refund or economic compensation corresponding to the
contracted period of time that remains unused due to their decision to
terminate the contracted service prematurely. Following such
cancellation, all data stored on the server will be deleted.
To request the cancellation of the annual or monthly subscription to a
Gespet solution, the user, from their Gespet account, only needs to
click on the corresponding Annual or Monthly button for that
subscription and confirm the cancellation request.
The cancellation or termination of the Service will be effective when
Gespet sends notification to the customer that the termination has been
processed. Additionally, Gespet will provide the customer with
additional information regarding the termination and deletion of data,
ensuring the customer is informed of all relevant details.
In the event of cancellation due to non-payment notices, misuse, or
non-renewal, Gespet will carry out the deletion of the account and all
data stored on the server within 30 (thirty) days after the expiration
date.
If the User renews the Service during that 30 (thirty)-day period,
Gespet will reactivate their account, allowing them to retain the
stored data. If the aforementioned period has already passed and the
User contracts the Service again, Gespet will create a new account
(without the data previously stored in their previous
account).
If the contracting period has expired, the User will not be able to
access the Service for work or for any type of query or operation.
Gespet reserves the right to deny or interrupt the services contracted
by the User if the User incurs in non-payment or any conduct or
activity that Gespet considers to violate any of the terms, rules, and
conditions previously communicated in writing or electronically,
without prejudice to Gespet's right to terminate the service contract
in case of User non-compliance with these conditions, without exempting
the User from payment of the amounts due at the time of suspension,
interruption, and/or cancellation of the services provided.
In the event that Gespet cancels or suspends the contracted service
without the client having violated any of these conditions, Gespet will
reimburse the client the amounts paid corresponding to the proportional
part of the unconsumed period.
In any case, Gespet is not responsible for the consequences that may
arise as a result of the deactivation or temporary or definitive
suspension of the services provided.
During the time the software is active, the user can extract
information from their account by printing, saving, and/or exporting it
to preserve the history or work with it as they see fit. However, in no
case will Gespet provide the user with additional files, historical
data, or backups. It will be the user's responsibility to download the
information from the aforementioned option if they wish. Keep reading
Once the payment is made, it is not possible to modify the payment
method used or the type of subscription chosen (annual-monthly). Once
the contracted period has ended or as the renewal date approaches, the
User can change the payment method if desired, by requesting the
cancellation of the current subscription and creating a new
one.
If an exceptional case arises in which the User cancels the contract
and a refund is made, the service's contracted amount will be refunded,
excluding the commission charged by the payment provider and prorating
the time consumed by the service. Gespet will inform the User in each
case of the commission amount charged by the payment provider, as it is
a variable amount depending on the quantity and country of the payment
method used.
4.7. Prices and Payments
Before purchasing and at any time, the User can view detailed prices.
The prices of all Services are subject to change with a 30-day notice
from our side.
The hiring and payment of the Service will be made in US Dollars
(USD$), and the invoice will also be issued in that currency. On the
Gespet website, the user will have the option to view an approximate
conversion of the price in other currencies; however, the final price
charged may vary slightly due to fluctuations in currency conversion
rates at that time. Gespet does not charge any commission for currency
exchange.
Gespet recommends to users who are going to pay in a currency other
than USD$ that before making the purchase or renewal transaction, they
check with their bank for any commission charges for purchasing in
another currency. Gespet cannot be held responsible for any such
commissions charged to the customer by the bank.
You understand that the technical processing and transmission of the
Service, including its Content, may be transferred unencrypted and
involve transmissions over various networks; and changes to comply with
and adapt to the technical requirements of network or device
connections.
Payments are made through a secure payment provider. Gespet is
responsible for the full refund of the amount (including bank fees and
commissions) in case any error is made by Gespet in processing a
payment.
In case there are any problems or issues with payments, we will
investigate and attempt to resolve any errors or issues with the
payment provider that are reported by the User. Gespet will respond to
allegations in such a case and will attempt to resolve it without the
need to escalate the case to the payment provider for resolution.
During the entire time that a case remains open, the User is using the
Service without having paid the corresponding money, so they are in a
situation of non-payment. During the time that a case with the payment
provider remains open and pending resolution, the provision of the
Service will be suspended until the situation with the User and the
payment provider is clearly resolved.
There are 2 attempts for each subscription renewal. If,
after the second attempt, the payment cannot be completed, the
subscription is canceled, and the Service will no longer be provided.
In the case of repeated non-payments resulting in the cancellation of
the subscription multiple times, the Service will cease to be provided
after the first failed renewal attempt.
4.8. Responsibility
Gespet commits to use all means at its disposal to provide
the contracted Services with due diligence.
Affected Customer: a customer will be considered affected by
service unavailability if they detect such unavailability and
communicate it to Gespet in writing at the email address
gespetsoftware[at]gmail.com or through the support and technical
assistance area and obtain a ticket number for the incident.
It is necessary to have an internet connection to use the Service.
Gespet assumes no guarantee for the state of the devices, applications,
or internet connection used by the User. This condition especially
applies to damages due to lost profits, lost or damaged digital files,
or other commercial or economic damages.
Gespet cannot assume any guarantee under any circumstances:
- Third-party claims against the client for losses,
damages, or harm.
- Loss of records, customer data, or information, or
the damage to any of them.
- Indirect economic damages, loss of profits, or
incidental or potential damages, even if Gespet has been informed
of such liability. Gespet does not guarantee uninterrupted or
error-free operation.
- In no case will Gespet be liable to the other party
for lost profits or profits not earned as a result of its or a
third party's willful action or omission, provided that such
damages are not the result of willful breach or gross negligence of
the obligations assumed in this contract, without prejudice to the
possible concurrence of negligence on the part of each party.
Gespet provides all detailed information about the
characteristics and functionalities of the Service to the User, as well
as a fully operational and fully functional version for the User to
evaluate the Service before contracting it; therefore, there is no
commitment to refund (or withdrawal) of money once the Service has been
contracted if it does not meet the User's expectations.
Gespet is not responsible for the quality, performance, or suitability
for particular purposes of the Service, nor will it be responsible for
direct or indirect damages arising from the use or inability to use the
Service or its documentation, making security recommendations and
advising periodic password changes.
To the maximum extent permitted by applicable law, and regardless of
whether any solution established here fails to meet its basic
objectives, in no event will Gespet or its licensors be liable for any
special, indirect, similar, or consequential damages, including lost
profits or data due to the use or inability to use the Service.
The User shall not transfer this license of use, the rights granted
under it, delegate their obligations, or sell this Service.
It is the User's sole responsibility:
- The content, use, and publication of the information
and communications transmitted through the services contracted and
offered by Gespet.
- Violation or breach by the User of any applicable
rules regarding the use of Gespet, including, among others,
provisions and self-regulation codes on data protection, consumer
and user protection, industrial or intellectual property rights,
harmful and illegal content on the internet, or unfair competition,
in force at all times.
- When it is necessary to use access usernames and
passwords for the use of all or some of the Services, the User is
responsible for the confidential treatment and exclusive use of
them. Any fraudulent use of usernames and/or passwords by third
parties as a result of the lack of care in custody will be the sole
responsibility of the User.
- The User is responsible to Gespet and agrees to
indemnify it for all damages, interests, and complaints that the
latter may be affected by a claim or complaint by a third party,
filed as a result of a breach by the User of the obligations
arising from this contract and, in general, given Gespet's
intermediary status, for any other that is not a direct consequence
of Gespet's willful breach of its legal or contractual commitments.
Gespet undertakes to make its best efforts, in the
exercise of its functions, to ensure the proper operation of the
Services offered but will not be responsible for circumstances or
events that are beyond its control, such as force majeure or fortuitous
events. They will be considered as cases of force majeure or fortuitous
events, without limitation, the delay, failure, suspension, or
interruption of the Services as a result of energy restrictions,
blocking of telecommunications or the Internet network, actions or o
missions of third parties, telecommunications operators or service
companies, supply or transport, or any other causes or circumstances
beyond Gespet's control that prevent the normal execution of this
contract.
Gespet cannot in any way be held responsible for service failures due
to User system failures (operating system, browser, and/or internet
connection) resulting from excessive or improper use of its resources
or resources allocated to it, attacks or external failures or by third
parties.
In any case, and if negligent conduct by Gespet is proven, Gespet's
liability is limited to the digital service and the refund of the
amounts paid for the proportional part of the unconsumed
period.
Here is the translation of the text to English:
USERS
When a customer subscribes to the service, they are granted access
to the contracted solutions. These can be used on different
devices and by multiple people, all using the same
access credentials, considered as the main user or
Administrator.
This Administrator has all permissions and the ability to
perform all actions.
For businesses with multiple users, Gespet strongly recommends
using the Security and Access Control Module for
Users. This module allows the configuration of different profiles
(one for each user), with unique access credentials, and the
ability to set restricted access policies.
For each User, it is possible to configure access days/hours
and assign specific permissions to access certain areas of
the system.
Gespet recommends limiting access to business
hours/days and restricting access only to essential areas,
blocking the Settings option, which allows
modification of billing numbers, rates, and other important data.
In this Settings option, there is the Data Management option,
which allows the full download of information
contained in the system (clients, animals, sales, etc.).
It also includes the Total Data Deletion/
Account Wipe * option, which allows a full wipe of the
account to delete fictitious data used during the testing phase. This action also deletes the configuration, restoring the
system to default or initial values.
This option is available exclusively to the Administrator
and not to User-type profiles.
The data deletion is total and permanent. After
executing this action, the information cannot be recovered. When
requesting this total deletion, the Administrator will be informed
of the action and that the information cannot be recovered under
any circumstances. Several confirmations will be required from the
Administrator to proceed with this action.
Gespet is not responsible, under any circumstances,
for deleted information, as the request has been expressly made
by the Account Administrator. Gespet, following their express wish, will
proceed with the definitive deletion of the data.
Gespet informs Administrators of the possible risks
of sharing their credentials with other users and of not
establishing restrictions for them. It recommends good practices regarding
security and blocks this action for all User-type profiles,
to prevent data loss, but cannot be held responsible for the misuse by Users.
* This option is disabled in some countries/regions for
legal reasons.
4.9. Modifications and Nullity
Gespet reserves the right to modify these conditions as a
service provider at any time to adapt them to current legislation, the
evolution of technology, prevent illegal or fraudulent use of the
Service, offer quality services, and adapt them to technical
obligations with third parties that are essential for the provision of
the contracted services. The new conditions will be considered fully
valid between the parties and will replace the previous ones if the
User continues to use the contracted service or does not express their
opposition to them by written notification sent to Gespet's email
address within 15 days following the publication date of the conditions
on the portal.
Gespet also reserves the right to modify the service in any way
(including adding new features, removing obsolete features, or
modifying any present features). Gespet's objective will always be to
make these changes to improve the service and/or improve the company's
operation.
4.10. Updates
Gespet reserves the right to make updates as it deems
necessary for the continuous improvement of the Service.
Gespet will include these updates without any additional cost to the
User, even if it involves new supported languages, improvements, or new
functions and/or features.
Gespet reserves the right to remove service features if it determines
that this is necessary for the proper functioning of other functions or
features, if it is an obsolete option, is incompatible with other
functions or features or devices, or is incompatible with new versions
of the programming language and/or some of the resources used, such as
libraries, graphic resources, or any others. In that case, Gespet will
notify the User of the date on which that functionality or feature will
no longer be operational.
4.11. Components
The Service includes a number of computer and/or
technological components for its proper operation, each of which is
subject to its own user licenses and copyright notices.
Gespet is not responsible for the User's use of any of the included
components.
Each of the included components is the property of its respective brand
and registration owners.
4.12. Web Browsers
The Service is accessible and optimized for access through
major web browsers. Gespet will inform the User of the supported and
recommended browsers.
Each time the User accesses using an unsupported browser, Gespet will
inform and provide information and alternatives for supported browsers.
Gespet will not prevent access if the User decides to continue using an
unsupported browser, but it cannot guarantee proper functionality or
provide technical support.
4.13. Compatibility Between Services
Gespet offers different services oriented to specific
areas of the pet business. Gespet guarantees that all of them are
compatible with each other. Thus, if you purchase, for example, 3:
- You will not need to access each of them
independently; access is common.
- You can share information between them (for example,
you can check the information of a customer in your hotel area from
your grooming area). You can see how it works and the sharing of
information in the demo version.
The configuration of your business data will be common:
business name, billing information, and printed document settings.
The configuration of your products and services is independent. In each
area, the corresponding services/products will be configured for that
activity.
Products and services must be configured or added in the corresponding
area:
- Hotel services in the Hotel area > configuration >
services
- Daycare services in the Daycare area > configuration
> services
- Veterinary services in the Veterinary area >
configuration > services
- Grooming services in the Grooming area >
configuration > services
- Training services in the Training area >
configuration > services
- Breeding animals and puppies in the Breeding area >
Breeders, Litters and Puppies
- Products in the Store area (or product sales) > new >
product
Each service is specific to a business area and allows
management of that area. Therefore, in the Hotel, Veterinary, Daycare,
Training, and Grooming areas:
- You can configure the services you offer (training,
veterinary, grooming, hotel accommodation, and daycare), as well as
complementary services (e.g., home delivery, extra treatment
charge, surcharge for a superior room, ...)
- You cannot sell these services independently (without
associating them with a service). For example, selling only home
delivery.
- You cannot sell services of one area from another
(e.g., grooming service from the hotel area), or products.
- You cannot add or configure products, even if you
sell them in conjunction with services (food, hygiene or health
products, toys, ...)
From the Pet Shop area (or product sales area), the
User:
- Can configure and sell their products.
- Can sell or charge for Daycare, Veterinary, Hotel,
Grooming, or Training services and Breeding animals/puppies if they
have the corresponding Gespet solution.
By default, the services for Hotel, Daycare, Veterinary,
Training, and Grooming have a maximum number of configurable services.
If the User needs to increase the number of services, they can do so by
requesting it from Gespet, which will evaluate each case individually
and increase it if the User is making good use of the service
configuration. In the event that the User is misusing or managing
services or products corresponding to other business areas, as
explained above, it is not possible, Gespet will not increase the
service limit for that account.
4.14. User Assigned to Your Account and New Users (Access Control
solution). Password Change.
The email address you provide us with when filling out the customer
registration form will be considered the main email address to which we
will send notifications/alerts, and it will also be the access address
for the main User or Administrator,
and you will not be able to change it.
For security reasons, if you want us to change this main access
address, you must request it via an email sent from that same address;
that is, if the main access address is exampleaddress@gmail.com and you
want to change it, you must email us from that address
(exampleaddress@gmail.com) indicating the new address you want to
change it to.
If, at the time of purchase, you provided us with a secondary or
alternate email address, if it is not possible to send the email from
the main email address, it may be sent from the secondary address,
being this the only possible alternative.
It is not possible to request it from another email address, through
social networks, or through any other contact method, as for security
reasons, we need to verify your identity.
Using the access management and control app, the administrator can add
new Users to the system; these will not have the Administrator status
and will not be able to change the associated email address or the
permissions assigned to them. The Administrator will be the only one
with the capacity to make these changes.
For security reasons, we will only send you the password the first time
you start using the service to your main email address. You can change
your password whenever you want from the configuration
options.
If you do not remember your password, you have the "Remember Password"
option, which will send you a new one to your email address. We cannot
change it for you or send it through social networks or any other
contact method.
4.15. Online Booking/Appointment System
We offer the online booking service with the user being
able to insert the code on their website, social networks, etc. to use
it. When a customer requests a booking/appointment through the form,
you will receive an email, and the booking/appointment will be
automatically noted in your account, pending your
confirmation/cancellation. No booking/appointment is automatically
accepted/rejected.
The user must read the complete information on the use of
online bookings/appointments before starting to use them.
Read the information related to
online bookings/appointments
This online booking/appointment service will be active as
long as its associated Service (Hotel, Daycare, Grooming, etc.) is
active, so if the Service is no longer active, the online
booking/appointment request system will stop working.
In some cases, it may be necessary to include Scripts/iFrames on the
website, social network, etc., to use it. If you are unsure, consult
your webmaster.
5.1. Languages
The Service is accessible in different languages (fully
translated), as well as commercial information (features and
functions). However, the rest of the information, website content,
legal terms and conditions, help manuals, and support are only
available in Spanish and English.
Technical support will be provided in Spanish and English.
All technical support, operational questions, and commercial matters,
as well as questions regarding payment methods, payment periods, and
payment-related information, are handled entirely via email or through
the Gespet Support and Help Center.
5.2. Contact
If you have any questions about our company's privacy
policy, the data we have about you, or if you wish to exercise one of
your data protection rights, please do not hesitate to contact us.
ONEDA Group, LLC is a company established under the laws
of Wyoming with its registered office at 30 N. Gould Street, Suite N,
Sheridan, WY 82801. U.S.
gespetsoftware[at]gmail.com |
Gespet Facebook |
@gespet_software |
@Gespet |
Gespet help and support
center
5.3. Security Recommendations
Below we provide you with some security advice and
recommendations to use cloud services safely and to comply with data
protection policies:
If you require more information about this License
Agreement or Privacy Policy, please contact us.
