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.

A paid purchase requires a separate affirmative action: selecting the plan, reviewing the order summary and authorizing the charge. Data can be corrected before confirmation by returning to previous steps. Confirmation is shown in the App, payment portal or by email. HOSTELELLA records the accepted version and retains the contract electronically; the Customer can download published documents or request a copy at legal@hostelella.com. Contracting is available in Spanish and English, without prejudice to the language of an Order Form.

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.
• Assign, review and revoke roles and permissions under least privilege, especially after job changes or departures.

The Customer decides who holds the owner, administrator, manager or employee roles and bears the consequences of incorrect configuration, excessive permissions, shared credentials or failure to revoke access in time. Except where access or disclosure is caused by a security failure or breach attributable to HOSTELELLA, HOSTELELLA is not liable for acts by authorized Users or access resulting from those Customer decisions.

8. Permitted use and strict prohibitions

You agree to use the Service in accordance with the law, these Terms and applicable regulations. The existence of a feature or technical possibility does not mean that its use is authorized in the Customer's country, sector, workplace or applicable collective agreement. The Customer must restrict or refrain from using any feature it cannot lawfully use.

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 is the sole undertaking, employer and operator of its business. It must ensure compliance with the laws of every country and sector in which it operates, including labor, occupational safety, equality, tax, accounting, licensing, consumer, communications and data-protection law.
• The Customer retains the decision and responsibility for recruitment, shifts, working time, payroll, discipline, dismissals, taxes, prices, orders, payments, food safety and every other business action. HOSTELELLA does not direct its staff or replace its advisers.
• 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.

Where HOSTELELLA acts as a processor, improvement within the account is limited to the Customer's documented instructions. For general security, performance, capacity and product improvement, HOSTELELLA uses minimal technical telemetry and aggregated or anonymized data so that no person or Customer is reasonably identifiable, without attempting re-identification. HOSTELELLA does not repurpose personal data contained in Customer Data for its own purposes or train its own or third-party AI models with it unless there is a valid specific instruction, a separate contractual framework and a sufficient legal basis.

Human access by HOSTELELLA is limited to authorized personnel bound by confidentiality and a need to know where required for requested support, security, continuity, legal compliance or incident investigation; access controls and risk-appropriate logging apply. The Customer must not share credentials or send unnecessary data in support requests.

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.

Notices concerning allegedly illegal content may be sent to legal@hostelella.com and must include its exact location, the explanation and legal rule relied on, the notifier's name and email — unless a legal exception applies — and a good-faith and accuracy statement. HOSTELELLA will process notices diligently, objectively and proportionately. Where Regulation (EU) 2022/2065 applies, HOSTELELLA will inform the affected party of the facts and grounds, any use of automated means and available review avenues, unless prohibited by law, required for security or the mechanism is manifestly abused.

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.

HOSTELELLA may act as the provider or downstream provider of the AI system and the Customer as deployer; these Terms do not shift either party's mandatory duties to the other. Each party will provide suitable AI literacy to personnel operating AI. Any regulated or potentially high-risk employment use under Regulation (EU) 2024/1689 requires documented classification, prior assessment and safeguards based on intended and actual use. The Customer must follow instructions, ensure human oversight by competent persons with authority, inform workers and their representatives in advance where required, retain logs under its control for the applicable period and report serious incidents to HOSTELELLA without undue delay.

13.1 Cross-business learning (not available)

Customer Data is used to provide the Service to that Customer. HOSTELELLA does not share identifiable data between businesses and does not use a Customer's Data to train its own or third parties' models unless under express authorization, a specific contract or clear Customer configuration.

A protected learning feature is under design that would let a business owner authorize aggregated signals about the reading quality of their documents to contribute to improving the accuracy of the Service for every business. That feature is not available and cannot be enabled in this version. When it becomes available:

• only the person holding the owner role of the business may authorize it, and only for that business;
• the authorization will be specific, versioned, revocable at any time and prospective: it will never reach data created before it;
• documents, text, names, tax IDs, suppliers, products and amounts will not leave the business — only aggregated signals within minimum-size cohorts;
• revoking it will immediately stop future contributions; aggregated results already published that are genuinely anonymous are neither attributable nor individually reversible, and this will be explained before the authorization is requested;
• the owner's authorization is a Customer instruction and does not replace the legal basis the Customer must hold towards the individuals whose data appears in their documents.

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, trial, subscriptions, billing and payments

Plans apply per business. Before purchase, HOSTELELLA will display an order summary stating the plan, features and limits, billing interval, price, currency, applicable taxes, first charge date where relevant and cancellation method. The purchaser represents that they are the business owner or have sufficient authority to bind the Customer. In case of conflict, a signed Order Form prevails, followed by the accepted order summary.

16.1 Card-free trial

• An eligible user may create one business with a free trial lasting seven (7) calendar days, with the included features and end date displayed before sign-up.
• The initial trial requires no card and does not create a charge or convert automatically. If no plan is selected, subscription-gated access is paused when it ends; data is not immediately deleted and is retained under the Retention Policy.
• Eligibility is limited to prevent abuse through minimized account and payment-method signals. There is no entitlement to repeated trials, and HOSTELELLA may refuse or terminate a fraudulently obtained trial.

16.2 Paid activation and renewal

• A paid subscription starts only after a plan is selected and the purchase is expressly authorized, including authorization to save a payment method for future charges where applicable. The amount and first charge date are shown before confirmation.
• When an active trial is converted, its remaining days may continue until the stated first charge date. The subscription then renews automatically for monthly periods until canceled.
• Stripe processes payment and holds full card details. HOSTELELLA does not store PAN or CVC; it keeps only necessary references, status, amounts and anti-fraud signals.
• Unless stated otherwise, published prices exclude VAT or other taxes. The total amount and calculated taxes are shown before payment authorization. Invoices or receipts will be available through the means identified in the Service.

16.3 Changes, cancellation, failed payments and refunds

• Upgrades may apply immediately with the prorated adjustment shown before confirmation; downgrades are normally scheduled for the next period. A business is prevented from holding multiple variants of the same plan.
• The owner may cancel at any time through subscription management. Cancellation takes effect at the end of the paid period unless another date is stated, and may be reversed before then.
• Charges for periods already started are not refundable by default. HOSTELELLA allows a review request within the fourteen (14) day window displayed in the Service; a request does not guarantee a refund and is assessed in light of usage, cause, mandatory law and fraud prevention. This does not limit rights that cannot lawfully be excluded.
• A failed payment may result in retries, notices and a grace period. If it is not remedied, the business may be limited, locked or archived, without prejudice to statutory retention and reasonable access to invoices or support. For B2B transactions, late-payment interest and recovery costs permitted by Spanish Law 3/2004 may accrue.

16.4 Existing accounts and mobile channels

• Businesses existing before this version may receive legacy access or a transition period communicated by HOSTELELLA. They will not be charged or converted to a paid plan without an express purchase and authorization.
• On iOS or Android, external purchasing is offered only in storefronts and modes authorized by the platform. HOSTELELLA is the seller and support contact for an external payment; Apple or Google does not manage that charge. Where platform rules require it, transaction references, amounts, currency, country and status will be reported to the platform within the applicable deadline, and platform fees may accrue.

HOSTELELLA retains evidence of the order summary presented, accepted legal versions, commercial consent, channel, date and subscription events in order to evidence the transaction, handle incidents and comply with legal obligations.

16.5 Changes to prices, plans and features

HOSTELELLA may create, replace or withdraw plans and change prices, limits, features or pack conditions for product evolution, provider or infrastructure costs, inflation, taxes, market conditions, security, abuse prevention, regulatory change or service viability. Changes will be prospective and transparent and will not be left to HOSTELELLA's purely arbitrary discretion.

• A price change or material reduction applying on renewal will be notified at least thirty (30) days in advance and take effect in the next billing period. The Customer may cancel before it takes effect.
• During a prepaid period, the core service will not be materially reduced except for urgent security or legal need, discontinuation by an essential provider or abuse prevention. Where feasible, HOSTELELLA will offer a reasonable alternative; if none is available and the reduction is material, it may terminate and refund the unused prepaid portion.
• Improvements, non-material changes and beta features may change or be withdrawn without notice. The order summary or Order Form identifies the features and limits committed for the plan.

16.6 Switching, portability and exit

Where Chapter VI of Regulation (EU) 2023/2854 (Data Act) applies, the Customer may request in writing to switch to another provider, move to on-premises infrastructure or erase its exportable data. The maximum notice to initiate switching is two (2) months; HOSTELELLA will seek to complete transition within the following thirty (30) calendar days and maintain continuity, security, reasonable assistance and information on known risks. If technically unfeasible, HOSTELELLA will justify this within fourteen (14) business days and propose an alternative period not exceeding seven (7) months. The Customer may request one extension.

• Exportable: input and output data and metadata directly generated or co-generated by the Customer's use, including documents, operational records, team, shifts, clock-ins, orders and configurations that can reasonably be extracted, using the formats and procedures documented by HOSTELELLA.
• Excluded: software, models, internal rules, trade secrets, third-party data and internal security, fraud, billing or service-operation records whose export would disclose intellectual property or vulnerabilities. Exclusions will not be used to prevent or delay switching.
• After transition there will be at least thirty (30) calendar days to retrieve data. Once retrieval is complete, the Customer's exportable data will be erased in accordance with the DPA, backup cycles and statutory blocking or retention duties.
• Until 12 January 2027, only previously disclosed direct switching costs may be passed on; from that date there will be no mandatory switching charges. Additional work requested beyond statutory duties may be separately quoted.

Available procedures, formats and technical limitations will be provided in the Documentation or export screen. Infrastructure jurisdiction is described in the Sub-processors Annex and measures against international governmental access in the Security Policy; both documents form part of this contract.

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. Feature changes or withdrawal are also governed by section 16.5.

18. Suspension and termination

HOSTELELLA may suspend, restrict or terminate access for a material breach; non-payment; illegal use; fraud or abuse; an objectively reasonable legal, credit, security or reputational risk; an authority requirement; or the need to prevent harm to the Service, customers or third parties. The measure will be proportionate. If the risk is not urgent, HOSTELELLA will seek to give notice and a reasonable opportunity to cure; it may act immediately where delay increases risk, the breach cannot be cured or law requires it.

HOSTELELLA will communicate reasons and a review avenue where section 10.3 requires it. It may also discontinue the Service or a plan for viability reasons with at least thirty (30) days' notice and refund the unused prepaid portion. After termination, the exit process in section 16.6, the DPA and the Retention Policy apply.

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.

The receiving party will limit access to persons who need to know and are bound by equivalent duties, and may disclose information where required by law or competent authority, giving prior notice where legally permitted. These duties survive for five (5) years; trade secrets remain protected while they retain that status. Unauthorized disclosure may cause irreparable harm and support injunctive relief, without prejudice to other remedies.

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 labor-law breaches, business decisions or access arising from roles, permissions or credentials controlled by the Customer.

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.

The exclusions and cap apply collectively to all claims arising from related events. Nothing limits liability that cannot lawfully be limited, including liability for intent or gross negligence, attributable death or personal injury, or mandatory rights and liabilities under the GDPR or Data Act.

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.

This obligation applies to the extent permitted by law and does not cover the portion caused by HOSTELELLA's breach. HOSTELELLA will give reasonable notice of a claim, allow the Customer to control the defense with suitable counsel and may participate at its own cost; no settlement may admit liability or impose non-monetary duties on HOSTELELLA without its consent.

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 and communications

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

Service communications. By creating an account you agree to receive the communications necessary to operate it (verification, invitations, security, billing, legal changes and operational notices). They are part of the Service and are not commercial communications, so they cannot be unsubscribed from while the account is active.

Optional communications. Product news, management tips, newsletters, offers, events and surveys are governed by section 22 of the Privacy Policy and are sent only with your prior, express and separate consent, which you can give and withdraw from Account → Preferences → Privacy and communications or from the unsubscribe link in any such email. Acceptance of these Terms, acknowledgement of the Privacy Policy and signature of the Data Processing Agreement do not amount to that consent, and refusing or withdrawing it does not limit any feature of the Service and does not change your plan.

Emails the Customer sends from the platform. Purchase orders and claims a business sends to its suppliers through the Service are not HOSTELELLA communications: the actual sender is the Customer, HOSTELELLA acts as processor, and the Customer is responsible for the lawfulness of those messages towards their recipients.

27.1 Changes to these Terms

HOSTELELLA may amend these Terms for legal, regulatory, technical, security, provider or product changes. Material changes will be notified at least thirty (30) days in advance and will not operate retroactively. Urgent changes required by law or security may take effect sooner with an explanation. If a material change adversely affects the Customer, it may terminate before the effective date and request any applicable unused prepaid portion. Publication alone will not replace a required notice; use after the effective date constitutes acceptance where permitted by law.

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 is governed by Spanish law. In exclusively B2B relationships, the parties submit to the courts of Barcelona city, except where jurisdiction is mandatory or another forum is validly, individually and expressly agreed.

30. Contact

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