1. Information About Us
In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following identifying details of the Website owner are provided:
Name: Lola La Galga S.L.
Registered address: Paseo de la Farola 8, Planta, 29016 Málaga, Spain.
Tax ID (C.I.F.): B-13811888.
Email: info@beanflow.com.
2. Updates and Amendments to the Terms of Use
Beanflow reserves the right to amend these Terms, the Privacy Policy, and the Cookie Policy at any time and without prior notice. Users should read these Terms carefully before accessing the Platform. Acceptance of the Terms is required to access the services and content available on the Platform. The current Terms will be available on the Website at all times.
3. Service Description
Beanflow provides the above email address for any inquiries related to the service.
The services provided to the User may be replaced or modified by Beanflow at any time, with prior written notice to the User, by a service similar or superior to the one initially contracted.
4. User Registration
Users who wish to use the products and services (the “Products”) offered on the Website must register via the designated registration form and provide the requested data (the “Registration Form”).
Beanflow personnel may also create user and organization accounts in offline processes, subject to the client’s authorization and the corresponding signed order form.
Once the Registration Form is completed, the User will receive an email at the address provided confirming the registration and explaining how to use the tool.
5. Contract Term
The term of the contract will be as agreed at the time of purchase, whether via the Website or the Beanflow Platform.
6. Price and Payment
The price of the services will be the price indicated at the time of contracting on the Platform.
Prices are payable monthly in arrears by credit/debit card or by direct debit to the User’s bank account indicated at the time of contracting. If any fees or charges apply to any part of the Products, the User agrees to pay such charges. Prices shown for the Products do not include VAT unless otherwise specified.
To pay for a Product, Beanflow will request a payment method upon subscription. The User agrees to keep their billing information up to date at all times and authorizes Beanflow to use updated account information provided by the issuing bank or applicable payment network.
By providing a payment method, the User (i) represents that they are authorized to use it and that the payment information provided is true and accurate; (ii) authorizes Beanflow to charge for the Products using the provided method; and (iii) authorizes Beanflow to charge for any paid features of the Products the User subscribes to or orders while these Terms remain in effect.
Beanflow will provide an invoice by email. The User can view and print the invoice and is responsible for reviewing it regularly and keeping a copy for their records. In case of invoicing errors, Beanflow staff will correct them as soon as possible.
In case of non-payment, Beanflow will first suspend the relevant Products if, within 10 calendar days of notification, the outstanding amounts are not paid. If payment is still not made within that period, Beanflow will proceed to immediate suspension of the services.
7. Data Protection
During the provision of the Services, Beanflow will comply with its Privacy Policy (available via the provided link and incorporated by reference). Beanflow’s Privacy Policy may be modified at Beanflow’s discretion; however, such modifications will not materially reduce the level of protection afforded to Users’ Personal Data.
Where Beanflow acts not as Data Controller but as Processor, personal data will be processed pursuant to the Data Processing Agreement executed between Beanflow and the User.
By contracting Beanflow’s services, the User accepts the referenced Privacy Policy and, where applicable, the Data Processing Agreement.
Beanflow shares prompts, completions, and traces with OpenAI to help develop and improve its services, including training and enhancing its models.
8. Data Security
Beanflow undertakes to implement legally required and appropriate security measures, considering the state of the art, to guarantee the confidentiality, availability, and integrity of information hosted on its servers.
Nevertheless, the User must take reasonable steps within their control to maintain the security of their data.
9. Term and Termination of Services
The User may terminate the Products associated with their account at any time. Termination will take effect once any outstanding and committed amounts for the use of the service have been duly paid.
After termination, the User will have no right to access or use the Services.
10. Trial Period
Beanflow offers Users the possibility to subscribe to any plan and, during the first 3 days, request a full refund by emailing info@beanflow.com.
After this period, the User may not request refunds. The subscription will remain active until the User explicitly requests its cancellation.
11. Prohibited Uses
The User may only use the Services for professional purposes and within the scope of these Terms.
The User shall refrain from using the Services for any unlawful activity or any activity that infringes third-party rights or intentionally harms any entity or person. In particular, without limitation, the User shall not:
Send spam or use their account to help others send spam (i.e., unsolicited bulk email, posts, or instant messages).
Store, disseminate, or transmit unlawful content; introduce, store, or disseminate programs, viruses, macros, applets, or any other logical device or character sequence that causes or may cause malicious alterations to Beanflow’s, Users’, or third parties’ systems.
Use or install programs or devices capable of bypassing Beanflow’s security controls or passwords; decrypt keys, systems, or encryption algorithms or any other security element in the Products; attempt to escalate privileges; or impersonate or circumvent any other User’s credentials.
The User shall not: (i) circumvent or bypass technical protection measures in the Services, associated software, or the Platform; (ii) perform reverse engineering, decompilation, or disassembly of the software except to the extent expressly permitted by applicable law; (iii) disaggregate software or Product components for use on different devices; or (iv) copy, publish, lease, rent, or transfer the software or Products.
If any conduct contrary to public morals or public order occurs, Beanflow may block or delete the User’s account, without prejudice to any legal actions available.
12. Technological Limitations
As a result of maintenance work, temporary interruptions in the Services may occur.
Beanflow will, where reasonably possible, inform the User in advance and will endeavor to minimize the duration and impact.
The User acknowledges that Beanflow may modify the Services or release a new version at any time and for any reason, including (without limitation) to address user needs, meet competitive demands, comply with applicable regulations or laws, or continue innovating its product offering.
Multiple factors may affect the Platform and Services, including but not limited to environmental conditions, network congestion, connectivity issues, and third-party software.
13. Liability
Beanflow undertakes to provide the contracted Services and to manage the software and all necessary components to ensure proper service operation.
Beanflow is not liable for failures or outages attributable to external causes or any of the circumstances described in these legal terms.
Beanflow will not be liable for damages arising from:
Errors and failures caused by the User.
Issues caused by elements outside Beanflow’s control (e.g., User hardware deficiencies, internet connection failures or slowness, hardware failures).
Non-compliance, delays, or malfunction of third-party services (e.g., communications providers).
Security errors or deficiencies due to the User’s use of outdated or insecure software, password-saving features in the browser, or damages/errors arising from browser malfunction.
Scheduled maintenance operations notified at least 24 hours in advance.
Errors or damages caused by software/apps/any code installed or executed by the User or third parties.
Negligent actions, abusive use, or configuration errors by the User.
Force majeure, terrorist acts, or natural disasters.
Damages including, without limitation: direct or indirect losses or expenses, consequential or incidental damages, arising in relation to any service or its use or unavailability, performance failures, errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, or system/line failures.
Malicious third-party attacks, malware execution, etc., affecting the contracted services.
Beanflow is not responsible for damages caused by User-hosted content, illegitimate or fraudulent use of the services, violations of applicable laws, or breach of contracts by the User.
Under Article 16 of Law 34/2002 (LSSI), Beanflow is not responsible for content, software installed, or information stored by the User, as Beanflow has no dependency, direction, control, or authority over such content. The User is the sole owner and responsible party for content hosted in the contracted Products. Some Products may enable communications with third parties and storage/sharing of files (photos, documents, videos, music). All such content is the User’s responsibility. Regular backups are strongly recommended.
In any case, the parties agree that Beanflow’s liability for any damages for which it is responsible shall be limited, at most and for all concepts, to the pro-rata amount paid by the User for the period during which the originally contracted service was not received under the SLA formula, or failing that, to the last invoice paid by the User. Loss of profits is excluded.
For availability calculations, the following are excluded:
Causes beyond the Service Provider’s control and force majeure.
Downtime due to failures in the User’s own software.
Viruses and cyberattacks causing total or partial service unavailability.
14. Assignment and Subcontracting
The User may not assign or transfer their contractual position to third parties without Beanflow’s prior written consent.
Beanflow may assign its contractual position to third parties without prior notification to the User.
Beanflow may subcontract part or all of the services to qualified third parties without diminishing the service level committed to the User.
15. Intellectual Property
15.1. IP Rights of the Parties
Each party acknowledges the other party’s (or any third party’s) ownership of all intellectual and industrial property rights (including, without limitation: texts, images, graphics, source code, designs, navigation structure, databases, trademarks, trade names, logos, distinctive signs, domain names and social profiles, trade secrets and know-how, copyright and related rights, database sui generis rights, patents, utility models, industrial designs, and any other content, whether registered or not).
The rights granted to the User to use the Services under these Terms do not grant any additional rights over the Services or Beanflow’s IP. Subject only to the limited access and use rights set forth herein, all rights, title, and interest in and to the Services and all hardware, software, and other components used to provide the Services, including all IP rights, shall remain with and belong exclusively to Beanflow.
Beanflow shall have a fully paid-up, royalty-free, worldwide, transferable, sublicensable, assignable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, and incorporate into the Services any suggestion, enhancement request, recommendation, or other feedback received from the User.
15.2. IP Rights over the Software
(Reserved; software-related IP rights apply as set forth above and under applicable law.)
16. Content
16.1. Access to Content
The User initially controls who can access their Content. However, if the User shares Content in public areas of the Products or in shared areas available to selected users, such Content will be available to those with whom it is shared. If the User does not want others to have such access, they should not use the Products to share their Content. The User represents and warrants that, while these Terms are in force, they have (and will have) all necessary rights to the Content uploaded or shared and that such use does not infringe any law or third-party rights.
16.2. Prohibited Actions and Content
Beanflow may reject or remove any Content/Software at any time if it is deemed to infringe applicable law or these Terms, or if it exceeds storage or file size limits. Beanflow may also block the delivery of any communication (e.g., instant message or email) to or from the Products as part of its effort to safeguard the Products and other users.
16.3. Third-Party Links
Beanflow assumes no responsibility for links from the Website or Platform to third-party offerings, software, or services beyond Beanflow’s control, nor for the information contained therein or any consequences that may arise.
If any User or third party observes that such links may be contrary to law, morals, or public order, they should inform Beanflow at info@beanflow.com.
17. Confidentiality
Under these Terms, either party may have access to the other party’s confidential information (“Confidential Information”).
Confidential Information does not include information that: (a) is or becomes public through no act or omission of the receiving party; (b) was lawfully in the receiving party’s possession before disclosure; (c) is lawfully disclosed by a third party without restriction; or (d) is independently developed by the receiving party.
The parties agree not to disclose the other party’s Confidential Information to third parties (other than as set out below) for a period of three (3) years from disclosure. Beanflow will maintain as confidential its Confidential Information residing within the Platform.
Disclosure is permitted only to employees, representatives, or subcontractors who are required to protect it against unauthorized disclosure with a level of protection no less than that set out in these Terms.
Nothing prevents either party from disclosing the terms or prices under these Terms or orders hereunder in any legal action arising from or relating to these Terms, or from disclosing Confidential Information to a government entity where required by law.
18. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS OR REVENUE (OTHER THAN FEES UNDER THESE TERMS), DATA, OR DATA USE. BEANFLOW’S TOTAL LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ORDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO BEANFLOW FOR THE SERVICES UNDER THE ORDER GIVING RISE TO LIABILITY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, LESS ANY REFUNDS OR CREDITS YOU HAVE RECEIVED UNDER SUCH ORDER.
19. Contact and Written Communications
Applicable regulations require some information or communications from Beanflow to the User to be in writing. By accepting these Terms, the User agrees that most communications with Beanflow will be electronic. Beanflow will contact the User via email or messaging applications. The User acknowledges that all notices, information, and other communications sent electronically meet the legal requirement of being in writing.
For any inquiries, incidents, complaints, or claims related to the Services, the User may contact Beanflow at: info@beanflow.com.
20. Service Analytics
Beanflow may (i) collect statistical and other information related to performance, operation, and use of the Services, and (ii) use Platform-derived data in aggregate form for operations and security management, to create statistical analyses, and for research and development (“Service Analytics”). Beanflow may make Service Analytics public; however, Service Analytics will not include Your Content or Confidential Information in a manner that could identify the User or any natural person, and Service Analytics do not constitute Personal Data. Beanflow retains all IP rights in Service Analytics.
21. Warranties
Beanflow warrants that it will (i) provide the Services in all material respects as described in the Service Specifications, and (ii) provide Professional Services in a professional manner in accordance with the Service Specifications.
BEANFLOW DOES NOT WARRANT THAT (A) THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL ERRORS WILL BE CORRECTED; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES, OR DATA NOT PROVIDED BY BEANFLOW; OR (C) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS, OR EXPECTATIONS. THE USER ACKNOWLEDGES THAT BEANFLOW DOES NOT CONTROL DATA TRANSFER OVER COMMUNICATIONS SYSTEMS, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS SYSTEMS. BEANFLOW IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. BEANFLOW IS NOT RESPONSIBLE FOR PERFORMANCE, OPERATION, OR SECURITY ISSUES ARISING FROM YOUR CONTENT, YOUR APPLICATIONS, OR THIRD-PARTY CONTENT. BEANFLOW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD-PARTY CONTENT OR SERVICES AND ASSUMES NO LIABILITY ARISING THEREFROM. IF ANY BREACH OF WARRANTY OCCURS, THE USER’S EXCLUSIVE REMEDY AND BEANFLOW’S SOLE LIABILITY SHALL BE TO CORRECT THE DEFICIENT SERVICES OR, IF BEANFLOW CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, THE USER MAY TERMINATE THE DEFICIENT SERVICES.
TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
22. Particular Conditions of the Services
All Products offered by Beanflow will be provided under these general and particular terms, as well as the features and functionalities described on the Website.
Beanflow undertakes to maintain the hardware and software supporting the infrastructure contracted by the User and to implement appropriate measures to enable internet connectivity for such infrastructure.
22.1. Service Prerequisites
The following are prerequisites for the Product. If these requirements are not met, these Terms shall be deemed null and void. The User must, at a minimum:
Have an internet access service (e.g., ADSL or fiber) from any national operator sufficient for the contracted service (e.g., at least 65 Kbps per contracted extension for any hosted PBX/VoIP component, where applicable).
Acknowledge that Beanflow is not responsible for losses or damages, including loss of profits, arising from failures or outages in telecommunications infrastructure.
Authorize Beanflow to provide the service through its own staff or qualified third parties. Where such tasks may involve access to the User’s personal data, Beanflow will inform the User of the entity or professional assigned, as required by law.
Keep usernames and passwords confidential and secure. The User is responsible for all activities conducted under their username, password, and account, even if occurring without permission, and must notify Beanflow immediately of any unauthorized or fraudulent use.
Accept that Beanflow may modify usernames or passwords if necessary for proper operation or to prevent fraudulent use.
Accept that Beanflow is not responsible for delays, partial/total deployment failures, interruptions, or malfunctions due to network failures caused by natural disasters, terrorism, force majeure, or similar emergency situations.
Use the service for lawful purposes only. Prohibited activities include, without limitation: intercepting/monitoring communications not intended for the User; sending unlawful unsolicited communications; fraudulent use; exposing others to offensive or harmful material; or breaching Beanflow’s acceptable use standards.
Acknowledge that Beanflow has no obligation to offer emergency services or short codes and does not replace the User’s primary email service.
Refrain from any unlawful activity listed in Section 11 (Prohibited Uses).
22.2. Product-Specific Conditions
Beanflow will make available to the User the resources offered according to the Product selected during purchase.
23. Cancelled Accounts
If an account remains in “suspended” status for more than 15 days, Beanflow will, after prior notice, cancel the account and delete all information and services contained therein. If the User voluntarily cancels the account, Beanflow will close the Organization and delete all associated records. Users may cancel their account at any time via the means provided in these Terms. Upon deactivation of any Product, the User is responsible for the information in that Product; once deactivated, all information related to that service may be deleted.
24. Modifications
Beanflow will notify the User of changes to these Terms prior to their effectiveness. If the User disagrees with the changes, they must stop using the Website, the Beanflow Platform, and the services offered.
Use of the Website and/or Platform after notice of changes constitutes acceptance by the User.
25. Governing Law and Jurisdiction
The contract formed by acceptance of these Terms is commercial in nature and is governed by its own clauses and, where not provided, by Spanish law contained in the Commercial Code, Special Laws, commercial practices, and, failing that, by the Civil Code.
The parties submit to the Courts and Tribunals of Madrid for the resolution of any dispute arising during the development, execution, or termination of these Terms, expressly waiving any other jurisdiction, unless such waiver is expressly prohibited by applicable law.