These Terms of Service govern the use of the website enviait.com and all services provided by ENVIA IT, S.L. By accessing the website or engaging our services, you agree to be bound by these Terms, our Privacy Policy and our Cookie Policy.
1. Legal Information and Acceptance
ENVIA IT, S.L. — Diseminado Puente Culebra 24, 04738 Vícar, Almería, Spain. Tax ID: B06972467. Registered at the Registro Mercantil de Almería, tomo 2139, folio 133, hoja AL-59277. Phone: +34 877 401 969. Email: [email protected]. By accessing the website or engaging our services, you agree to be bound by these Terms, our Privacy Policy and our Cookie Policy. If you do not agree, you must discontinue use immediately.
2. Definitions
Customer / You: the individual or organization that engages Envia IT for services or subscribes to a product. Services: all services provided by Envia IT, including SaaS subscriptions, custom development, API integrations, consulting and support. Products: Envia IT's SaaS platforms (Nudato, MRM, VEP). End User: any individual who accesses a Product through a Customer's account. Customer Data: all data uploaded or generated by a Customer. SOW: project-specific document defining scope, deliverables, timeline and pricing. DPA: Data Processing Addendum. Partner: authorized reseller, integrator or whitelabel distributor.
3. Services Description
SaaS Products: Nudato (Event Relationship Management Platform), MRM (Room and Maintenance Management System), VEP (Virtual Event Platform). SaaS Products are provided on a subscription basis with features varying by plan tier. Custom Development Services: CRM solutions, web applications and SaaS platforms, API design and integration (REST, GraphQL), mobile and desktop apps, consulting and technical architecture. Custom development is governed by a project-specific SOW. Envia IT reserves the right to modify, suspend or discontinue any part of the Services with reasonable prior notice (minimum 30 days for active subscribers).
4. User Accounts
To use certain Services, you must create an account with accurate, complete and up-to-date information. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must be at least 18 years old. If acting on behalf of an organization, you represent that you have authority to bind it to these Terms. Notify us immediately at [email protected] if you become aware of unauthorized use or security breaches.
5. Subscription and Payment
Access to Products requires a paid subscription. Fees are based on the selected plan and billing cycle (monthly or annual). All prices are in euros and exclude applicable taxes (VAT/IVA) unless stated otherwise. Custom development projects are billed according to the pricing defined in the applicable SOW. Payment methods: credit/debit card via Stripe, bank transfer, or invoice subject to prior agreement. SaaS subscriptions renew automatically unless cancelled. Envia IT may adjust pricing with at least 30 days' notice. Subscriptions are non-refundable except where required by applicable consumer law. Late payment over 15 days may result in suspension; over 30 days, account termination.
6. Custom Development: SOW Framework
Each custom development engagement is governed by a SOW that specifies: project scope and deliverables, milestones and timeline, acceptance criteria and testing procedures, fixed pricing and payment schedule, warranty period for defects, hosting/maintenance/support terms. These general Terms apply as the umbrella framework. The SOW takes precedence for project-specific matters (scope, deliverables, pricing). For general matters (IP, confidentiality, liability, disputes), these Terms apply unless the SOW expressly provides otherwise. Changes to SOW scope require written agreement from both parties.
7. Acceptable Use
You agree not to: violate any applicable law or regulation, send unsolicited communications (spam) through our platforms, upload or distribute malicious software, viruses or harmful content, attempt unauthorized access to our systems or networks, use the Services for any purpose that competes with Envia IT's business, circumvent security or access control features, extract content via web scraping or automated tools without authorization, or sublicense, resell or redistribute the Services except under an authorized Partner agreement.
8. Intellectual Property
All software, code, design, documentation, branding, trademarks and intellectual property of Envia IT and its Products are owned by ENVIA IT, S.L. You may not copy, modify, adapt or create derivative works, reverse engineer, decompile or disassemble, remove or alter proprietary notices, or use Envia IT's trademarks without prior written consent. You retain full ownership of Customer Data. For custom development projects, unless the SOW provides otherwise: custom code is assigned to the Customer upon full payment; pre-existing IP, frameworks and libraries remain Envia IT's property, with a perpetual non-exclusive license to the Customer for use within the delivered project; open-source components are subject to their respective licenses.
9. Confidentiality
Each party agrees to treat as confidential any non-public information disclosed by the other party. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was already known without restriction, is independently developed, or is required to be disclosed by law. Confidentiality obligations survive termination for three (3) years. For custom development projects involving access to client systems or data, confidentiality obligations extend for five (5) years.
10. Data Protection
Your use of the Services is governed by our Privacy Policy. We process personal data in accordance with EU GDPR, UK GDPR, and applicable legislation in Mexico, Argentina, Brazil, Chile and Peru. When you use our Products to process personal data, you act as the data controller and Envia IT acts as the data processor, governed by the applicable DPA. For custom development involving access to client personal data, the scope is defined in the SOW and applicable DPA.
11. Service Level Agreement (SLA)
Envia IT commits to a platform availability of 99.9% measured monthly for eligible SaaS Products. Scheduled maintenance: at least 48 hours' notice. Service credits: 99.0%–99.9% uptime: 5% of monthly fee; 95.0%–98.99%: 10%; below 95.0%: 25%. Credits must be requested in writing within 30 days, applied to future invoices, and are the sole remedy for SLA breach. Exclusions: force majeure, Customer's equipment, third-party services, Customer or End User actions, scheduled maintenance with advance notice.
12. Technical Support
Standard Plans: email and ticket system, business hours (CET) Mon–Fri 9:00–17:00, critical response time 24h, normal 48h. Enterprise Plans: email, tickets and phone, 24/7, critical response time 1h, normal 4h, dedicated account manager. For custom development projects, support terms are defined in the applicable SOW or maintenance agreement.
13. Termination and Data Portability
You may cancel SaaS subscriptions through account settings. Cancellation takes effect at the end of the current billing period. Envia IT may terminate for material breach not cured within 15 days, non-payment exceeding 30 days, use posing security risks, or required by law. You may request a full export of Customer Data in standard formats (CSV, JSON) within 30 days of termination. After 30 days, all Customer Data will be permanently deleted, except where retention is required by law. Upon termination of a custom development engagement, all completed and paid-for deliverables will be transferred to the Customer.
14. Warranty Disclaimer and Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. For custom development projects, specific warranties are defined in the applicable SOW. Envia IT shall not be liable for indirect, incidental, special, consequential or punitive damages. For SaaS Products: total aggregate liability shall not exceed fees paid in the 12 months preceding the claim. For custom development: total aggregate liability shall not exceed the total price of the applicable SOW. Nothing excludes warranties that cannot be excluded under applicable law.
15. Indemnification
You agree to indemnify Envia IT against claims arising from your use of the Services in violation of these Terms, your breach of applicable law, third-party claims related to Customer Data, and your processing of personal data without valid legal basis. Envia IT will indemnify the Customer against third-party IP infringement claims related to the Services as delivered, provided prompt notice, sole control of defense and reasonable cooperation.
16. Force Majeure
Neither party is liable for failures caused by circumstances beyond reasonable control (natural disasters, war, pandemics, government actions, power failures, cyberattacks, third-party infrastructure failures). If a force majeure event continues for more than 60 days, either party may terminate the affected engagement without penalty.
17. Partners and Resale
Envia IT may authorize Partners to resell, distribute or offer whitelabel versions of its Products under separate agreements that define: scope of authorized distribution and customization, responsibilities toward end users, data processing obligations, pricing/billing/revenue-sharing terms. Resale or redistribution of the Services is prohibited unless expressly authorized through a Partner agreement.
18. Governing Law and Dispute Resolution
These Terms are governed by the laws of Spain. Dispute resolution: (a) Amicable resolution: good-faith negotiation for 30 days from written notice; (b) Mediation: if unresolved, submission to mediation by a recognized institution in Spain; (c) Jurisdiction: if mediation fails, exclusive jurisdiction of the courts of Almería, Spain. Nothing limits the rights of consumers under applicable mandatory legislation, including EU Regulation 1215/2012 (Brussels I Recast), UK consumer protections and applicable laws in Mexico, Argentina, Brazil, Chile and Peru.
19. Changes and General Provisions
Envia IT may update these Terms. Significant changes will be communicated at least 30 days before taking effect. These Terms, together with the Privacy Policy, Cookie Policy, DPA and applicable SOWs or Partner agreements, constitute the entire agreement between the parties. If any provision is held invalid, the remaining provisions continue in full force. Failure to enforce any provision does not constitute a waiver. You may not assign rights without Envia IT's written consent.
20. Contact
General enquiries: [email protected]. Support: [email protected]. Legal and data protection: [email protected]. Phone: +34 877 401 969.