Terms and Conditions

1. Identification of the provider

These Terms and Conditions (the “Terms”) govern access to and use of the HOSTELELLA platform, including its mobile applications, websites, APIs, integrations and related services (collectively, the “Service”), owned by:

2. Definitions

• Customer: the legal entity or business that contracts or uses the Service.
• User: the natural person authorized by the Customer (owner/admin/manager/worker or similar) to use the Service.
• Customer Data: all data, documents, messages, files and content uploaded, generated or transmitted by the Customer/Users, including financial and accounting documents and staff and shift data.
• Documentation: guides, help, release notes and informational content made available by HOSTELELLA.
• Marketplace: if applicable, features that enable interactions between Customers and third parties (e.g., suppliers/distributors) through the Service. Such third parties are not HOSTELELLA.
• Order Form / Commercial Terms: any offer, quote, pricing plan, in-app purchase or other commercial document detailing subscription terms (if any).

3. B2B nature, legal capacity and authority

HOSTELELLA is a professional platform intended exclusively for business and commercial use (B2B). The Service is not intended for consumers or for personal or household use.

If, despite this restriction, a mandatory consumer rule were to apply, nothing in these Terms limits non-waivable rights. HOSTELELLA may refuse, suspend or terminate uses that do not fit the B2B purpose of the Service.

By accessing or using the Service, you represent and warrant that: (i) you act in a professional or business context, (ii) you are a User authorized by the Customer or have sufficient authority to act on its behalf, and (iii) you have the legal capacity to accept the obligations applicable to you as a User.

If you create an account, contract a plan, configure a business, accept an invitation as an administrator or accept these Terms on behalf of the Customer, you represent that you have sufficient authority to bind the Customer. If you do not have such authority, your acceptance binds you personally as a User to the maximum extent permitted by law, and the Customer remains responsible for authorizing, supervising and withdrawing your access.

Use of the Service as a User is limited to persons over 18 years old. Access by minors as Users is prohibited. The Customer's management of data of lawfully employed minor workers (e.g., in shift planning) is the Customer's sole responsibility, in accordance with applicable labor law.

4. Acceptance

Creating an account, expressly accepting these Terms (including via checkbox) or using the Service implies full and unreserved acceptance of them. If you do not agree, do not use the Service.

5. Contractual hierarchy

In the event of conflict between documents, the following order will prevail: (1) Order Form / signed contract or commercial offer (if any), (2) Data Processing Agreement (DPA), (3) security, sub-processors, retention and cookies annexes where applicable, (4) SLA / support terms / plan commercial terms (if applicable), (5) these Terms, (6) the Documentation.

6. Limited (revocable) license

Subject to these Terms, HOSTELELLA grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service solely for its internal business operations and in accordance with the features and limits of the contracted plan (if applicable).

Any use not expressly permitted is prohibited.

7. Account, roles, security and administration

The Customer is responsible for all activity carried out under its account and must ensure that its Users comply with these Terms. Administrators designated by the Customer may manage Users, roles, permissions and business settings.

• Maintain the confidentiality of credentials and apply good security practices.
• Immediately report any unauthorized access or suspected security incident.
• Do not share accounts. Access must be per authorized User and role.

8. Permitted use and strict prohibitions

You agree to use the Service in accordance with the law, these Terms and applicable regulations.

The following is expressly prohibited, without limitation:

• Uploading unlawful content or data without a sufficient legal basis (including personal data).
• Using the Service for fraud, money laundering, tax evasion or falsification/manipulation of records.
• Reverse engineering, decompilation, scraping, mass extraction, replication, benchmarking at scale or attempts to copy the Service or its results.
• Using the Service or its results to develop, train or improve competing products or services.
• Interfering with availability, integrity or security; circumventing access controls, rate limits or protection measures.
• Introducing malware, abusive automation, excessive loads or systematic data extraction.
• Identity impersonation or misleading representation for abusive purposes.

9. Customer obligations (compliance, backups and labor law)

• The Customer is responsible for its internet connection, equipment and internal processes.
• The Customer must maintain adequate backups of its Data. The Service does not replace an independent backup strategy.
• The Customer must ensure regulatory compliance (labor, tax, accounting and data protection), including information duties.
• Labor compliance in shift planning: the Customer is solely responsible for ensuring that the organization of working time, rest periods, night work, maximum hours, protection of minors and rights arising from the applicable collective agreement comply with labor law. The labor rules configured by the Customer or suggested by the Service are indicative and do not replace labor advice or the applicable collective agreement.
• Algorithmic transparency: where there is workers' legal representation, the Customer must inform it of the parameters, rules and instructions of the algorithms or AI systems that affect working conditions (Art. 64.4.d of the Workers' Statute).

10. Customer Data and content

10.1 Ownership and license of use

The Customer retains ownership of its Data. It grants HOSTELELLA a limited, non-exclusive license to host, store, transmit, process, analyze and transform Customer Data solely to provide, secure, maintain and improve the Service, including support, incident resolution, fraud/abuse prevention and compliance with legal obligations.

HOSTELELLA will not use Customer Data to train its own or third parties' artificial intelligence models, nor to develop competing products based on identifiable Customer data, unless under express authorization, specific contract or clear configuration accepted by the Customer. Service improvement will preferably use aggregated, anonymized data, minimal technical telemetry or information that does not identify the Customer or its data subjects.

10.2 Customer warranties (critical)

The Customer represents and warrants that it has all rights, notices, consents and legal bases necessary to upload and process Customer Data, including personal data of employees, workers, customers, suppliers and third parties, and that it complies with applicable law.

10.3 Content rules and takedown (notice & takedown)

The Customer agrees to upload and transmit lawful information appropriate to the purpose of the Service. HOSTELELLA is not obliged to monitor Customer Data but may do so to protect the Service, comply with the law or prevent harm.

HOSTELELLA may remove, block or disable access to Customer Data (and/or suspend access) without prior notice where: (i) it infringes these Terms or the law, (ii) there is a request from a competent authority, or (iii) there is a reasonable risk of claim, security incident, fraud, abuse or harm to HOSTELELLA, customers or third parties.

11. Data protection (GDPR / LOPDGDD)

With respect to the personal data contained in Customer Data uploaded or configured by the Customer, the Customer acts as Controller and HOSTELELLA as Processor, unless the DPA provides otherwise.

Processing as a processor is governed by the DPA (Art. 28 GDPR), incorporated by reference into these Terms.

12. Additional documents (DPA / SLA) – Incorporation by reference

Certain services may be subject to additional contractual documents, including:

• a Data Processing Agreement (DPA) under Art. 28 GDPR;
• sub-processors, security measures and retention annexes; and
• a Service Level Agreement (SLA), support terms and/or commercial terms applicable to paid plans.

Acceptance of these Terms implies express acceptance, by incorporation by reference, of those documents, even where there is no separate acceptance mechanism.

If a person accepts these Terms on behalf of a Customer, they represent that they have sufficient authority to bind the Customer. If they do not, the acceptance binds them personally to the maximum extent permitted by law and HOSTELELLA may restrict access.

13. Artificial intelligence and results (AI)

The Service may generate analysis, classifications, document extractions, shift-planning proposals and resolution of the applicable labor framework/collective agreement through automated systems and AI, including third-party providers.

Results are provided “as is” for informational and support purposes, and do not constitute legal, tax, accounting, financial, labor or regulatory advice. You must independently verify critical information before acting.

Results may not be unique and may contain inaccuracies, including erroneous extractions (totals, VAT rates, dates, identifiers) or shift proposals that do not fit all of the business's real circumstances. The Customer assumes sole responsibility for accounting entries, returns, payments, work organization and other business decisions.

Any use of AI for regulated, prohibited or high-risk purposes under Regulation (EU) 2024/1689 will require prior assessment, a specific contract and adequate safeguards. Where an AI feature is used in the employment context, the Customer acts as the deployer and must ensure human oversight, information to affected persons and their legal representation, and compliance with applicable law.

14. Marketplace / relationship with third parties (if applicable)

Where marketplace features exist, HOSTELELLA provides communication and workflow infrastructure. HOSTELELLA is not a party to the commercial relationship, orders, deliveries, prices, payments, returns or disputes between Customers and third parties (e.g., suppliers/distributors), unless expressly stated in an Order Form.

If payments via a third-party provider are enabled, funds do not pass to HOSTELELLA's control or ownership, unless expressly stated. The third-party provider's terms will apply.

15. Third-party services and integrations

The Service may depend on external providers and integrate with third-party services (cloud, email, analytics, AI, payments). Such services may be subject to their own terms. HOSTELELLA is not liable for failures beyond its reasonable control.

16. Pricing, billing and payments (if applicable)

If the Service (or part of it) is offered through paid plans, prices, billing cycle, usage limits and plan scope will be described in the Order Form, pricing page or in-app purchase. Unless otherwise stated, amounts are exclusive of taxes (VAT).

• Non-payment or failed payments may result in suspension, downgrade or restriction.
• HOSTELELLA may correct billing errors and issue adjustments in accordance with the law.
• Trials, promotions, betas and free plans may be modified or discontinued at any time.

17. Support, maintenance and updates

Support may vary by plan and may be detailed in an SLA/support terms. Maintenance windows may exist. HOSTELELLA may deploy updates without prior notice for security, regulatory compliance, stability or performance.

18. Suspension and termination

HOSTELELLA may immediately suspend, restrict or terminate access if: (i) these Terms are breached, (ii) there is legal, security or reputational risk, (iii) there is an authority requirement, or (iv) it is necessary to prevent harm to the Service, customers or third parties.

After termination, access may be removed and Customer Data may be deleted in accordance with the Privacy Policy/DPA, legal obligations and reasonable retention for audit/security.

19. Intellectual property and feedback

The Service, software, design, structure, trademarks and methodologies belong to HOSTELELLA or its licensors. No rights are granted except as expressly stated.

Any feedback may be used by HOSTELELLA without compensation, provided it does not include the Customer's confidential information.

20. Confidentiality

Each party will protect the other's Confidential Information with reasonable diligence and use it only to perform these Terms. Information that is public without breach, independently developed or lawfully received from a third party is not confidential.

21. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”. HOSTELELLA disclaims all warranties, express or implied, including merchantability, fitness, non-infringement and accuracy of results.

22. Limitation of liability (maximum protection)

To the maximum extent permitted by law:

• HOSTELELLA is not liable for indirect, incidental, special or consequential damages, nor for loss of profits, loss of data or business interruption.
• HOSTELELLA is not liable for claims arising from Customer Data, unlawful uploads or the Customer's legal breaches.
• HOSTELELLA is not liable for decisions based on AI/automation results, document extractions or shift proposals applied without the required human review.
• HOSTELELLA is not liable for the Customer's breaches of labor law in the organization of working time or shifts.

Aggregate cap: HOSTELELLA's total liability is limited to the amounts paid by the Customer to HOSTELELLA in the twelve (12) months preceding the triggering event. If no amounts were paid, the cap will be EUR 100.

23. Indemnification

The Customer agrees to indemnify and hold HOSTELELLA harmless from claims, penalties, fines, damages, costs and expenses (including reasonable attorneys' fees) arising from:

• Breach of these Terms or misuse of the Service.
• Data-protection, labor, tax, accounting infringements or third-party rights.
• Customer Data, including unlawful content or lack of legal basis/consents.
• Labor or work-organization decisions made by the Customer, including those supported by AI proposals.

24. Force majeure

HOSTELELLA will not be liable for delays or failures due to causes beyond its reasonable control (internet outages, cloud provider incidents, labor disputes, governmental actions or force majeure).

25. Assignment and sub-contracting

HOSTELELLA may sub-contract services (including sub-processors) and assign these Terms in the context of a merger, acquisition, reorganization or sale of assets. The Customer may not assign without HOSTELELLA's prior written consent.

Where sub-contracting involves processing personal data as a processor, the DPA and the Sub-processors Annex will apply.

26. App Store / Google Play (if applicable)

If you download the app via Apple App Store or Google Play, additional platform terms may apply. HOSTELELLA is solely responsible for the Service. Apple/Google are not parties to these Terms and do not assume support obligations beyond what their rules require.

27. Notices

Legal notices to HOSTELELLA must be sent to legal@hostelella.com. HOSTELELLA may give notice by electronic means (in-app, email or publication).

28. Partial invalidity and entire agreement

If any clause is invalid or unenforceable, the rest will remain in force. These Terms constitute the entire agreement relating to the Service, except for the DPA/SLA/Order Form incorporated by reference.

29. Governing law and jurisdiction

The relationship will be governed by Spanish law. The parties submit to the exclusive jurisdiction of the courts and tribunals of Barcelona (Spain).

30. Contact

For legal or contractual matters: legal@hostelella.com.