Website Terms of Use

These Terms of Use regulate the access to and use of the websites delstudio.store and delstudio.site (the "Websites"), owned by Eduard Varariu Diaconu (sole trader), acting under the trade name DEL Studio. The identification details of the owner are set out in the Legal Notice, which forms part of these Terms.

By using the Websites, the user accepts these Terms regarding their browsing and use. If you do not agree, you must refrain from using them. Professional services are contracted via the corresponding proposal, quote or contract, as indicated in section 6.

To avoid duplication of content, intellectual property (including the reservation of rights regarding text and data mining), third-party links, accuracy of information, availability and liability are regulated in the Legal Notice, which must be read in conjunction with these Terms.

DEL Studio's services are aimed at companies and professionals, not consumers. To contract services, the user must be over 18 years of age and have the capacity to enter into binding obligations, and, if acting on behalf of a company, must have sufficient power of attorney to do so.

If the person wishing to contract services is acting as a consumer (that is, outside of their business or professional activity), they must communicate this before contracting. In such case, the additional conditions and rights recognised by consumer regulations shall apply, which are not limited by these Terms.

The user undertakes to use the Websites lawfully, diligently and in good faith. The following are prohibited:

• //Attempting to gain unauthorised access to systems, accounts, servers, databases or restricted areas.
• //Performing penetration tests, vulnerability scans or similar activities without express written authorisation. If you detect a vulnerability, you may report it to security@delstudio.site.
• //Introducing malware or other elements that damage, alter or interfere with the functioning of the Websites.
• //Interfering with their availability through attacks, abusive requests or unauthorised automations, including the mass extraction of content.
• //Impersonating other persons or providing fraudulent information.
• //Using the Websites for illegal purposes or purposes that infringe the rights of third parties.

The Websites include forms and other means to contact DEL Studio. Sending an enquiry does not imply acceptance of a proposal or the conclusion of a contract, nor does it oblige DEL Studio to provide a service.

The user must provide truthful information and avoid including credentials, sensitive personal data or unnecessary confidential information in the forms. Personal data is processed in accordance with the Privacy Policy.

The Websites allow logging into a user area. By registering or accessing an account, the user:

• //Guarantees that the data provided is truthful and will keep it updated.
• //Is responsible for safeguarding their credentials and for all activity carried out using their account, unless they prove unauthorised access which they have reported without delay.
• //Must notify hello@delstudio.site if they become aware of any unauthorised use of their account.
• //May not transfer their account or share their credentials with third parties outside of their organisation.

DEL Studio may suspend or cancel an account when there are reasonable grounds to suspect fraudulent or abusive use, or use contrary to these Terms, or for security reasons, notifying the user when possible. The user may request the closure of their account at any time by writing to hello@delstudio.site; data will be retained or deleted in accordance with the Privacy Policy and legal obligations.

Services are contracted via a commercial proposal, quote or contract. The information published on the Websites is general and does not constitute a binding offer or a guarantee of results.

The contract is formalised when the client accepts the proposal or signs the contract in the manner indicated therein, by electronic means or in writing. Each proposal or contract determines, as applicable, the scope, deliverables and acceptance criteria, fees and payment schedule, deadlines, responsibilities of each party, support and maintenance, intellectual property of the deliverables, confidentiality, personal data processing and termination conditions.

In the case of contracting by electronic means:

• //Contracting is carried out in Spanish, unless another language is indicated.
• //DEL Studio will confirm acceptance by email and provide the client with a copy of the accepted document.
• //Before accepting, the client may review the document and correct any errors detected by requesting this in writing.

Precedence. For contracted services, the provisions of the accepted contract or proposal shall prevail over those established in these Terms, which shall apply on a supplementary basis.

Prices are indicated in each proposal or contract. Unless otherwise stated, they do not include taxes, which will be added where applicable.

Payment may be made by bank transfer to the account indicated on the invoice or via Stripe when available. Invoices are issued by electronic means.

Late payment shall accrue late payment interest and collection costs as provided for in Law 3/2004 (Ley 3/2004) on measures against late payment in commercial transactions, when the client acts as a business or professional. If non-payment persists, DEL Studio may suspend the provision of the service following notification to the client, under the terms of the contract.

The contents of the Websites are protected as indicated in the Legal Notice. The rights to software, developments, integrations, documentation and other deliverables produced for a client are governed by the corresponding contract, and these Terms do not transfer any rights over them.

The processing of personal data is described in the Privacy Policy and the use of cookies in the Cookies Policy. When DEL Studio processes personal data on behalf of a client, it will do so in accordance with the data processing agreement entered into with them.

DEL Studio may modify, suspend or withdraw content or functionalities from the Websites for technical, security, legal or operational reasons, respecting existing contracts. In the event of reasonable suspicion of abuse or security risk, it may adopt proportionate measures, such as limiting access to a functionality, investigating the incident or reporting it to the authorities.

It may also update these Terms. The current version is published on the Websites with its date. Changes do not affect contracts already entered into, unless required by law or accepted by the client.

DEL Studio's liability for the use of the Websites is governed by the Legal Notice. Liability arising from contracted services is governed by the corresponding contract and applicable legislation. Nothing in these Terms excludes or limits liability that cannot be legally excluded or limited, nor the non-waivable rights of consumers.

These Terms are governed by Spanish legislation and by the applicable European regulations.

For any dispute, the parties submit to the competent Spanish courts and tribunals, without prejudice to the jurisdictions recognised by mandatory regulations for consumers and users. Service contracts may provide for the applicable law and jurisdiction, respecting mandatory rules.

• //Severability. If any provision is found to be void or unenforceable, the remaining provisions shall remain valid.
• //No waiver. Failure to exercise a right does not constitute a waiver thereof.
• //Entire agreement. These Terms, together with the Legal Notice, Privacy Policy and Cookies Policy, constitute the framework for the use of the Websites.
• //Language. These Terms are provided in Spanish. If they are published in other languages, the Spanish version shall prevail in the event of discrepancy.

For enquiries regarding these Terms:

• //General: hello@delstudio.site
• //Privacy: privacy@delstudio.site
• //Security: security@delstudio.site

Enquiries regarding a contract or service already contracted should be directed to the contact indicated in the applicable proposal or contract.