Terms and conditions of use

1. General information and identification of the owner

These Terms and Conditions of Use (the "Terms") govern access to and use of the website adauge.com and the digital platform go.adauge.com (the "Platform"), owned by:

Accessing and using the Platform implies the User's full and unreserved acceptance of these Terms. If you do not agree with any of them, please do not use the Platform.

2. Purpose and description of the services

ADAUGE S.L. is a digital agency offering professional web design, software development, branding, digital marketing and technology consulting services to businesses and professionals.

The Platform offers the following features:

• Request forms: allow interested parties to send service requests with detailed information about their project.
• Briefing panel: access through a personal link so that prospective clients can complete the information about their project.
• Client portal: a private, sign-in area where clients can manage their projects, check their status and review proposals and contracts.
• Internal tool: internal management for the ADAUGE team (restricted access).

3. Access and registration

No prior registration is needed to access the request forms and the briefing panel. Access to the client portal requires signing in with an access link or a one-time code sent to the User's email address.

The User undertakes to:

• Provide truthful, accurate, current and complete information in the forms.
• Keep their access credentials confidential and not share them with third parties.
• Notify ADAUGE immediately of any unauthorised use of their account.
• Be of legal age (18) or, where applicable, have the authorisation of a legal representative.

4. Acceptable use of the Platform

The User undertakes to use the Platform in accordance with the law, these Terms, generally accepted morals and good practice, and public order. In particular, the User agrees not to:

• Use the Platform for unlawful or fraudulent purposes, or purposes that harm the rights and interests of third parties.
• Introduce or spread computer viruses, malware or any other malicious code.
• Attempt to access, use or tamper with the data of ADAUGE, other users or third parties.
• Reproduce, copy, distribute, modify or reverse-engineer any part of the Platform.
• Impersonate another user or person.
• Use automated systems (bots, scrapers, etc.) to access the Platform without express authorisation.
• Overload, saturate or interfere with the normal operation of the Platform or its systems.

ADAUGE reserves the right to suspend or cancel the access of any User who breaches these obligations, without prejudice to any legal action that may apply.

5. Intellectual and industrial property

All content on the Platform (including, without limitation: text, graphics, images, logos, icons, software, source code, design, navigation structure and databases) is the property of ADAUGE S.L. or its licensors, and is protected by Spanish and international intellectual and industrial property law.

The reproduction, distribution, public communication, transformation or any other form of exploitation of the content of the Platform without ADAUGE's prior written authorisation is expressly prohibited.

The "ADAUGE" brand and its associated logos are registered trademarks of ADAUGE S.L. Their unauthorised use is prohibited under Spanish Law 17/2001, of 7 December, on Trademarks.

6. User content

By sending information through the request forms, the briefing panels or the client portal, the User declares that:

• They own, or hold the necessary rights over, the information and files they provide.
• The content does not infringe intellectual or industrial property rights, image rights or any other third-party rights.
• They authorise ADAUGE to use that information solely to provide the services requested.

ADAUGE is not responsible for content provided by Users and reserves the right to remove it if it considers that it breaches these Terms or the law in force.

7. Contracting services

ADAUGE's professional services are contracted by accepting a commercial proposal or by signing a specific service agreement, which will include:

• A detailed description of the service
• Delivery times
• Price and payment terms
• Deliverables
• Service-specific conditions

In the event of any conflict, the specific conditions of each contract will prevail over these general Terms. Sending a request form does not in itself constitute a contractual commitment, but a request for information or a quote.

8. Prices and payments

The prices of ADAUGE's services will be communicated to the User individually in the corresponding commercial proposal. All prices are in euros and will include VAT (21%) where applicable, unless expressly stated otherwise.

Payment terms (deadlines, methods and schedule) will be set out in each proposal or service agreement.

Non-payment of any amount due will entitle ADAUGE to suspend the services or access to the client portal, without prejudice to any legal action that may apply.

9. Limitation of liability

ADAUGE undertakes to provide its services with the diligence and professionalism expected in the sector. However:

• Availability: ADAUGE does not guarantee uninterrupted availability of the Platform or the absence of technical errors. ADAUGE will make reasonable efforts to keep the Platform running, but will not be liable for interruptions due to maintenance, updates, failures of third-party providers or force majeure.
• Third-party content: ADAUGE is not responsible for information or content provided by Users or by third parties to which the Platform may link.
• Indirect damages: to the fullest extent permitted by law, ADAUGE will not be liable for indirect damages, loss of profits, loss of data or loss of business opportunities arising from the use of the Platform.
• Cap on liability: ADAUGE's total liability to the User will in no case exceed the total amount paid by the User for the services contracted during the twelve (12) months before the event giving rise to the liability.

10. Confidentiality

Both parties undertake to keep confidential the information they receive from the other party in connection with the use of the Platform or the provision of services, unless:

• The information is or becomes public through no fault of the receiving party.
• The receiving party already knew it without any duty of confidentiality.
• It is required by a competent administrative or judicial authority.

This duty of confidentiality will remain in force during the relationship between the parties and for two (2) years after it ends.

11. Data protection

The processing of personal data arising from the use of the Platform is governed by our Privacy policy, which forms an integral part of these Terms.

12. Third-party links

The Platform may contain links to third-party websites. ADAUGE does not control and is not responsible for the content, privacy policies or practices of those websites. Access to them is at the User's sole responsibility.

13. Changes

ADAUGE reserves the right to change these Terms at any time. Changes take effect from their publication on the Platform. If substantial changes are made, we will inform registered Users by email or through a prominent notice on the Platform.

Continued use of the Platform after the amended Terms are published will constitute acceptance of them.

14. Severability

If any clause of these Terms is declared void or unenforceable by a competent court, this will not affect the validity of the remaining clauses, which will remain fully effective.

15. Governing law and jurisdiction

These Terms are governed by Spanish law. To resolve any dispute arising from the use of the Platform or the interpretation of these Terms, the parties submit to the courts of Barcelona, expressly waiving any other jurisdiction that may apply to them.

However, if the User acts as a consumer under Spanish Royal Legislative Decree 1/2007, of 16 November, the courts of the consumer's place of residence will have jurisdiction, in accordance with the law in force.

16. Alternative dispute resolution

In accordance with Regulation (EU) 524/2013, we inform consumers of the European Commission's Online Dispute Resolution platform, available at: https://ec.europa.eu/consumers/odr

17. Contact

For any question about these Terms, you can contact us at: