Software as a Service Agreement

SECTION 1
SUBJECT MATTER OF THE CONTRACT, CONCLUSION OF THE CONTRACT

This Software-as-a-Service Agreement (“SaaS Agreement”) is related to SaaS subscription between hellotax Global S.L., a Spanish corporation having a principal place of business in Spain (“hellotax”) and the subscribed client (the “Client”). Client’s SaaS subscription (subject to the payment of the Subscription fee and the provisions for termination set out in this Agreement) shall be deemed Client’s agreement to these Terms and Conditions.

SECTION 2
SOFTWARE WEB-BASED LICENSE

hellotax grants to Client, and the Client accepts, a non-transferable, non-exclusive license and right to access the SaaS via the Internet and use the SaaS and the User Documentation only as authorized in these Terms and Conditions, for the purpose of enabling its business operations during the SaaS Term. The SaaS will be managed by hellotax and accessed and used by Client through the use of the Internet and Client’s computers.

SECTION 3
RIGHTS TO USE THE SOFTWARE

(1) Rights to results and rights of use

Unless otherwise expressly provided in this contract, no provision shall be construed to of this contract to one party any intellectual property rights of the other party. Party. All copyrighted rights of use and other industrial property rights or other rights to protectable materials, which may be used within the framework of the use of the platform and the whose services are made available, remain the sole intellectual property of their respective owners.

(2) Rights of use to the data of the customers

The customer remains the sole owner of his data. hellotax recognizes the full protection of the intellectual property rights of the intellectual property transferred by the customer and processed data.

(3) Rights of use to the software

a. hellotax  grants the customer the non-exclusive, non-transferable and non-transferable sublicensable right to use the services listed in this contract as “Software-as-a-Service” for the duration of the contract as intended in unchanged form. use it.

b. If no separate agreements are made, the customer shall not be charged any rights to the software. The customer shall not be entitled to make the software available for use by third parties. The subleasing of the software or the transfer of the license to third parties is expressly prohibited. Accordingly both the gratuitous transmission or the gratuitous resale and/or resale information and services obtained through the SaaS platform and the information and services provided by the SaaS platform. hellotax, in particular documentation and manuals. to the software, prohibited. With regard to a violation of the provisions of this hellotax reserves all rights and claims, in particular the rights and claims of Assertion of claims for damages.

SECTION 4
OBLIGATORY USER RIGHTS OF THE CUSTOMER

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Among other things we may request your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your copy of your passport or other legal forms of identification. We may require, at our sole discretion and at any time, additional documents to approve an application or to continue providing the Services. Additionally, we may require commercial Users to provide documents in order to verify the identity and business status of the commercial User. We will deny any application that has missing or misleading documents or information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity, including without limitation, asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying the information submitted by you against third party databases or through other sources.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

The administrator of the customer account can create sub-user accounts, in particular for employees or their own tax consultant. The client is liable for everything connected with the use of the hellotax services and any related products by the sub-user. Each Sub-User and the Sub-User Account is subject to the terms of this Agreement. The customer hereby authorizes hellotax to charge the customer’s primary payment method for all purchases made by sub-users.

The platform is intended for commercial customers (B2B). By activating the subscription, the user confirms to use https://app.hellotax.com exclusively for commercial purposes.

SECTION 5
OBLIGATIONS OF THE HOST

The host, hallotax, shall be responsible for the proper, secure and uninterrupted delivery of the software and its ongoing maintenance, any upgrades and the legally prescribed or required backups.

SECTION 6
LIMITATIONS AND RESTRICTIONS

The use of the SaaS is limited to the use by the respective licensee and only in connection with the Customer Content. The Customer may not use the SaaS for the benefit of third parties or provide services. Customer may not reverse engineer, disassemble or decompile or make any attempt to discover, derive or preserve the source code.

SECTION 7
DATA HOSTING AND SECURITY

data encryption

To protect the user, all communication with https://app.hellotax.com is encrypted using the HTTPS protocol.

data security

The service provider is obliged to take appropriate precautions against data loss and to prevent unauthorised access by third parties to the user’s data. In order to secure the user’s data, the operator creates a backup once a day. This backup is stored on other servers which are redundantly protected. This backup provides protection against system failures. The user has no right to restore his data. When and whether the operator restores data is at the discretion of the operator. The user is obliged to back up his data himself, e.g. by regularly exporting the hourly excerpts. An individual reconstruction of data is possible on request and will be invoiced according to expenditure.

SECTION 8
CUSTOMER SERVICE (SAAS)

hellotax offers technical support to the following extent:

(1) fatal software issues: Catastrophic failure; software crashes, cannot get functionality from service. A maximum of 24 hours for the repair; corrective actions are initiated immediately within the defined technical support times and continued intermittently as long as the initial repair (workaround) for the error is ready.
(2) limited functionality: Significant problem; software that does not provide the desired functionality. Maximum 3 working days to fix
(3) annoying functionality: Slight software problems or software shows inconvenient behaviour.
Maximum 1 week to fix.
(4) request for improvement: Prioritized according to feature requirements. Might be implemented in a future software release.

Priority support in case of fatal software issues
(1) inability to access the software

SECTION 9
ACCESSIBILITY AND INTERRUPTION OR IMPAIRMENT OF ACCESSIBILITY

hellotax strives to offer 99% “availability” to the software during the SaaS period, which is calculated on a monthly basis. For the purposes of these Terms and Conditions, “availability” exists unless the SaaS is unavailable to the client due to a hardware failure of the server or a disconnection of the nearest Internet router, except for the defined maintenance windows. Possible software bugs, errors or other problems are not relevant to availability.

SECTION 10
MAINTENANCE TIME SLOT

hellotax and/or its hosting providers can perform system maintenance during the following “Maintenance Slots”, and hellotax will announce the “Maintenance Slots”, any upgrades and all planned actions in advance through https://status.hellotax.com

SECTION 11
AMENDMENTS AND SUPPLEMENTS

All amendments and changes to this Agreement shall be made in accordance with the GTC, recorded in writing and communicated.