GENERAL TERMS AND CONDITIONS OF USE AND CONTRACTING

1. GENERAL INFORMATION AND LEGAL NOTICE

In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), the following information regarding the service provider is provided:

• Platform Owner: Krama e-soft, S.A. (hereinafter, "Krama")
• C.I.F. (Tax ID): A82635608
• Registered Office: C/ Mariano Barbacid, 5 - 28521 Rivas Vaciamadrid, Madrid (Spain)
• Registry Data: Registered in the Mercantile Registry of Madrid, Volume 15,510, Book 0, Folio 141, Section 8, Page M-260831, 1st Registration.
• Contact Email: info@krama.es
• Telephone: +34 916 702 113

Access to and use of the Krama GOT platform implies full and unreserved acceptance of these Terms of Use and the Legal Notice set forth herein. The information and tools contained within the platform are offered solely for the purpose of facilitating operational and technical management, as well as field team coordination for our professional clients, in accordance with the current legal framework.

2. CONTRACTUAL NATURE OF THE SERVICE

This document constitutes the contractual framework governing the access to and use of Krama GOT (hereinafter, "the Service"), a SaaS (Software as a Service) platform developed by Krama. These Terms fully supersede any previous version of the platform's terms of use.

By creating an Administrator account or using the Service, the Client accepts these Terms, which define the provision of technical service and, where applicable, the provision of digital infrastructure. Within this environment, the Client acts as the sole party responsible for the content.

3. DATA PROTECTION AND PRIVACY

3.1. Roles in Data Processing

In compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD), the following distribution of responsibilities is established:

• The Client (Data Controller): The Client holds the status of Data Controller with respect to all personal data and information introduced, managed, or stored within the Krama GOT platform. The Client determines the purposes, means, and scope of the processing, ensuring they possess the necessary legal basis (consent, contractual relationship, legitimate interest) for its execution.
• Krama (Data Processor): Krama acts strictly as a Data Processor. Its role is limited to the provision of technical services, support, maintenance, and, where applicable, infrastructure. Krama guarantees the implementation of appropriate technical and organisational security measures to protect the integrity and confidentiality of the information, applying the principles of data protection by design and by default.

3.2. Data Access

Krama does not access, monitor, or use the information stored by the Client for its own commercial purposes or exploitation. Access to data by Krama's technical staff shall be strictly limited to actions absolutely necessary for resolving incidents, providing the contracted service, or when there is an express, documented, and legitimate instruction from the Client.

3.3. Exercise of Rights

Given that the Client is the Data Controller, requests from data subjects (rights of access, rectification, erasure, objection, data portability, the right to be forgotten, restriction of processing) must be handled directly by the Client. Should Krama receive a request directly from a worker or a third party linked to the Client, it will immediately forward it to the Client for resolution. For technical queries regarding the privacy of the IT environment, you may write to: protecciondedatos@krama.es.

3.4. Data Processing Agreement (DPA)

Without prejudice to the provisions of these clauses, the specific terms, technical obligations, types of data, categories of data subjects, and security measures governing Krama’s provision of services as a Data Processor are set out in detail in our Data Processing Agreement (DPA), accessible via the following link: https://app.kramagot.com/page/dpa. Said document is incorporated into these General Conditions by reference, forming an integral and binding part of the contractual framework between the parties. The Client expressly acknowledges and accepts the content of the aforementioned DPA upon contracting or using the Service.

4. OWNERSHIP OF INFORMATION AND SECURITY

4.1. Ownership of Content

The Client is the owner of the information, documents, images, signatures, coordinates, or data (hereinafter, "Content") introduced into the platform. The exclusive ownership and responsibility for such Content rest with the Client. Krama acts solely as the provider of the technological solution ("the container") for the storage and optimised management of said information.

4.2. Client Responsibility

The Client represents and warrants that they possess all necessary rights and authorisations for the uploaded Content, and that such processing does not infringe any intellectual or industrial property rights, trade secrets, or third-party privacy. Krama assumes no responsibility whatsoever for the accuracy, legality, or integrity of the Content managed by the Client. It is the Client's responsibility to carry out regular external exports or backups of their data in accordance with their corporate policies.

4.3. Limited Technical Licence

The Client grants Krama a limited, non-exclusive, and strictly technical licence for the sole purpose of allowing the correct execution of the Service (hosting, database indexing, technical processing, and mobile device rendering). This licence is strictly temporary and terminates automatically upon the end of the contractual relationship.

5. CODE OF CONDUCT AND ACCEPTABLE USE POLICY

5.1. Commitment to Professional Use

The Client undertakes to use Krama GOT diligently and exclusively for professional purposes related to their operational activity. The use of the platform by end consumers or minors is expressly prohibited.

5.2. Infrastructure Protection and Restrictions

The Client agrees to refrain from performing the following actions:

• Technical Attacks: Attempting to hack, alter, perform scraping techniques (automated mass data retrieval), inject malware, computer viruses, or any malicious code that compromises Krama's servers or network.
• Saturation: Engaging in unauthorised automated activities (bots or mass scripts) that may overload the IT infrastructure and prevent the normal use of the Service by other clients.
• Impersonation: Falsifying identities, headers, or credentials of administrators or operators to obtain unauthorised access.
• Illicit Use: Hosting or transmitting information that is manifestly illegal, defamatory, harmful to human rights, or that violates third-party property or confidentiality regulations.

5.3. Sanctioning Measures for Non-Compliance

In the event that Krama detects any activity that breaches these rules or puts the stability of the Krama GOT cloud ecosystem at risk, it reserves the right to:

1. Temporarily block or restrict access to the affected content or users.
2. Precautionarily suspend access to the Service immediately.
3. Terminate the contract for just cause in the event of a serious or repeated breach, without the Client being entitled to compensation and without prejudice to any legal actions Krama may undertake.

6. ACCOUNT MANAGEMENT, CANCELLATION, AND TECHNICAL SUPPORT

6.1. Administrator Account

Operational management is carried out via a primary Administrator Account. The natural person registering said account represents and warrants that they possess sufficient legal authority and powers of representation to bind the contracting company to these conditions. The Client is entirely responsible for maintaining the confidentiality of the access credentials of all their operators and administrators.

6.2. Service Cancellation and Data Lifecycle

• Cancellation: The Client may request the termination of the service or the reduction of their user licences at any time via formal written communication to the official support email: got@krama.es
• Security Retention Period: Following the formal cancellation request, Krama may maintain the account in a suspended and locked state for a grace period of up to sixty (60) calendar days to avoid the irreversible loss of data due to erroneous or accidental requests.
• Consequences of Cancellation: Once this grace period has elapsed, access will cease permanently, and Krama will proceed with the technical and irreversible erasure of the data stored on its cloud servers, unless sector-specific or tax legislation requires the preservation or legal blocking of the same.

6.3. Connectivity and Technical Support

• Connectivity: The mobile operation of the Krama GOT application requires an active connection to mobile networks or the Internet. The costs of acquiring and maintaining IT terminals, smartphones, and telephony data plans shall be borne exclusively by the Client.
• Support: Krama provides the Client with a technical assistance service for platform incidents within the hours and channels stipulated in its commercial offer. Critical notifications regarding system status will be sent to the email address of the Client's Administrator Account.

7. FINANCIAL CONDITIONS AND INVOICING

7.1. Rates and Taxes

The Client agrees to pay the fees corresponding to the subscription plan or volume of contracted users. Prices published in commercial environments are understood to exclude taxes; applicable tax charges (such as VAT) will be legally broken down on each invoice according to the corresponding tax base. The Client must keep their billing information up to date.

7.2. Automatic Renewal and Price Changes

Subscriptions are contracted for fixed periods (monthly or annual) and will automatically renew for identical successive periods, unless the Client cancels the renewal before the end of the current period. Krama may update subscription rates by notifying the Client at least thirty (30) days in advance. Continued use of the software after such notification shall constitute tacit acceptance of the new prices.

7.3. B2B and Refund Policy

Given the strictly commercial and professional (B2B) nature of the Service, purchases and renewals are firm and final. No pro-rata returns or refunds will be made for monthly or annual periods contracted and not used by the Client. In the event of a discrepancy or manifest error in an invoice, the Client has a maximum period of one hundred and twenty (120) days from its issuance to request a review by Krama's administration department.

7.4. Non-Payment

Failure to pay any instalment shall entitle Krama to immediately suspend access to the Krama GOT platform following a warning notice. The Client shall bear reasonable financial and collection costs arising from the recovery of overdue debts authorised by legislation against late payment in commercial transactions.

8. INTELLECTUAL PROPERTY OF THE SOFTWARE

8.1. Grant of Licence of Use

The Krama GOT applications are granted to the Client under a temporary, revocable, non-exclusive, and non-transferable licence of use regime. The software is licensed, not sold. Krama retains exclusive ownership of all intellectual and industrial property rights over the source code, graphical interface, software design, algorithms, trademarks, and any derived technical updates.

8.2. Prohibitions on Exploitation

The Client, their operators, or any dependent third party are strictly prohibited from:

• Performing, attempting, or permitting reverse engineering, decompilation, decryption, or disassembly practices on the software to discover the platform's source code.
• Modifying, translating, or creating derivative works based on the Service.
• Renting, reselling, sublicensing, or distributing the software to third parties outside the Client's organisation without a prior distribution contract signed with Krama.

9. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

9.1. Service Conditions and Availability

Krama provides the Krama GOT platform "as is" and subject to its operational availability. The Client acknowledges that cloud platforms depend on global telecommunications infrastructures subject to external factors. Krama makes its best efforts to ensure the stability and quality of the Service, but does not guarantee that the operation of the software tool will be uninterrupted, secure, or completely free from software errors.

9.2. Quantitative Limitation of Damages

To the maximum extent permitted by commercial law, the total, aggregate, and cumulative liability of Krama towards the Client for any claim, claim for damages, tortious liability, or civil breach shall be strictly limited to the total net amount actually paid by the Client to Krama for Krama GOT services during the twelve (12) months immediately preceding the event giving rise to the claim.

In no event shall Krama be liable for indirect, consequential damages, loss of profit, loss of commercial revenue, business interruptions of clients, or loss of operational data resulting from a lack of foresight in their backup copies.

9.3. Force Majeure

Krama shall be exonerated from all liability for operational delays or failures caused by circumstances of Force Majeure beyond its reasonable control, such as widespread outages of Internet nodes of third-party cloud providers, sector strikes, government restrictions, weather disasters, or targeted denial-of-service (DDoS) attacks that exceed standard commercial protection measures.

10. APPLICABLE LAW AND JURISDICTION

10.1. Applicable Law

These Conditions of Use and the derived service contract shall be governed, interpreted, and executed in strict accordance with the laws of Spain.

10.2. Amicable Resolution and Mediation

In the event of any discrepancy, dispute, or claim regarding the scope, validity, interpretation, or execution of these clauses, the parties expressly agree to make their best efforts to reach a peaceful and collaborative solution in good faith. If the matter is not resolved within thirty (30) days from the first written notification, the parties agree to submit the dispute to commercial mediation before resorting to judicial proceedings.

10.3. Jurisdiction

In the event that the dispute cannot be resolved through mediation, both parties, expressly waiving their own jurisdictions or home addresses if different, voluntarily and exclusively submit to the jurisdiction of the Courts and Tribunals of the city of Arganda del Rey (Madrid) to resolve the legal dispute.