Legal document. Last updated: September 17, 2026.
By making use of the services or by accessing, browsing or interacting in any way with the Platform or other means made available by DELITBEE, these Terms and Conditions of Use and Contracting (hereinafter the “Terms and Conditions“) shall automatically apply, together with any other term included explicitly or by reference herein or on the Platform. By the mere act of accessing the Platform, completing the registration process or making use thereof, the CLIENT acknowledges having read, understood and accepted these Terms and Conditions.
Acceptance of these Terms and Conditions shall take place by checking the box enabled for that purpose during the registration process on the Platform, or from the moment they are deemed tacitly accepted. Use of the service after registration shall constitute continued acceptance thereof.
These Terms and Conditions apply exclusively to businesses, professionals and sole traders. DELITBEE does not provide services to end consumers.
In compliance with the provisions of art. 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, notice is given that the services shall be provided by DELITBEE ESPAÑA, S.L., with the following details:
| Company name: | DELITBEE ESPAÑA, S.L. |
| CIF: | B01823822 |
| Registered office: | Calle Lleida 17-10, 46009, Valencia (Spain) |
| Registro Mercantil: | Tomo 10858, Libro 8136, Folio 189, Hoja V-193940 |
| Legal email: | legal@delitbee.com |
| Support email: | support@delitbee.com |
3.1 These Terms and Conditions govern access to, contracting of and use of the services offered by DELITBEE under a Software as a Service (SaaS) model.
3.2 The Services are provided exclusively to businesses, professionals and sole traders in the hospitality and restaurant sector (restaurants, dark kitchens, restaurant groups, franchises, etc.), any use as an end consumer under the TRLGDCU being expressly excluded.
3.3 These Terms and Conditions shall be fully binding between DELITBEE and the CLIENT together with the Specific Terms and any other exhibits or texts that apply (referred to jointly as the “Agreement“).
3.4 Should any conflict and/or discrepancy arise in the content of the documents forming part of the Agreement, the Specific Terms, the Exhibits and, subsequently, these Terms and Conditions shall prevail, in that order.
3.5 DELITBEE states that it is a technology company engaged in the development, maintenance, operation and provision of SaaS solutions aimed at the hospitality and restaurant sector, and the owner or legitimate licensee of the DELITBEE technology platform and its various modules, features and infrastructure.
4.1 “Agreement” shall refer to this agreement in its entirety and shall include the Specific Terms, these Terms and Conditions, and all exhibits and referenced documents thereto.
4.2 “DELITBEE” shall refer to DELITBEE ESPAÑA, S.L., the company providing the Services and the owner or licensee of the SaaS platform that is the subject of this Agreement.
4.3 “CLIENT” or “THE RESTAURANT” refers to the natural or legal person that contracts DELITBEE’s Services within its professional activities. For the purposes of this Agreement, the CLIENT is the owner, manager or person responsible for a restaurant business, franchise, restaurant group, dark kitchen or any other lawful activity related to hospitality. The possibility of contracting the services for consumers is excluded in all cases.
4.4 “End Customer” refers to the consumer who places an order through the restaurant’s Own Channel. DELITBEE is not a party to that commercial relationship.
4.5 “Specific Terms” shall refer to any specific contract, offer, quote, form or similar document in which particular terms of the engagement with DELITBEE are specified or agreed. The specific terms agreed shall prevail over these Terms and Conditions.
4.6 “Personal Data” refers to any information relating to an identified or identifiable natural person.
4.7 “Confidential Information” refers to: (i) the terms of this Agreement; (ii) all Personal Data processed under this Agreement; (iii) all information provided by the CLIENT through the Platform; and (iv) any other information that should reasonably be considered confidential.
4.8 “Delitbee Platform” refers to the technology system developed by DELITBEE, which includes: the online store, operational modules, integrations, database, APIs, admin panel, the Delitbee Gestor App, and servers and cloud infrastructure.
4.9 “Own Channel” refers to the restaurant’s exclusive online store, hosted on DELITBEE domains.
4.10 “SLA” refers to the Service Level Agreement included as part of the Agreement.
4.11 “External Integrations” refers to connections with third-party platforms or services, such as delivery companies (Uber Direct, Glovo, Catcher or others), communication systems (Brevo, Comeback), channel managers and POS systems, among others.
4.12 “DPA” refers to the Data Processing Agreement, which governs the processing of end customers’ personal data.
5.1 In order to use the Platform, the CLIENT must register and hold an active subscription, in accordance with the various subscription types offered during the contracting process through the Platform.
5.2 Should DELITBEE offer free services or trial periods, these may be limited or revoked at any time without prior notice or justification.
5.3 CLIENT status may be revoked by DELITBEE at any time in accordance with the Agreement.
5.4 The CLIENT undertakes to make diligent, correct and lawful use of the Platform, in accordance with applicable law, morality, accepted customs, public order and this Agreement.
5.5 The CLIENT acknowledges that DELITBEE acts in all cases as an intermediary service provider between the CLIENT and other parties (delivery companies, end customers, etc.), without this implying any liability on the part of DELITBEE for the services or products offered by the CLIENT.
5.6 The CLIENT must read and accept the terms and conditions of the external providers engaged through DELITBEE.
6.1 The term of the Agreement shall be governed by the Specific Terms or by the plan contracted. In the absence of agreement, the Agreement shall become automatically applicable from the commencement of the provision of the Services, and shall be deemed accepted from that moment.
6.2 The initial minimum period shall be 1 month, unless otherwise agreed in the Specific Terms.
6.3 Subscription Services shall automatically renew for periods equal to those initially contracted, unless either party gives written notice of its intention not to renew at least 30 days before the end of any of its renewal periods.
6.4 The foregoing is without prejudice to the grounds for suspension or early termination set out in these Terms and Conditions.
7.1 The CLIENT shall pay DELITBEE the amounts corresponding to: (a) the fee for the SaaS plan contracted; (b) the transaction costs applicable to orders processed through the Platform; (c) the additional services contracted pursuant to the applicable exhibits; and (d) any other services provided and expressly accepted by the CLIENT.
7.2 The prices and financial terms in force shall be published at https://delitbee.com/planes or shall be reflected in the Specific Terms accepted by the CLIENT. Prices shall be expressed in euros and, unless otherwise indicated, shall not include VAT or other applicable taxes.
7.3 The CLIENT expressly authorizes DELITBEE to issue invoices by electronic means, whether by making them available through the Platform or by sending them to the designated billing email address. The CLIENT waives any right to set off, withhold or deduct amounts not expressly authorized by DELITBEE.
7.4 The SaaS plan fee shall be invoiced monthly, in advance, and shall be payable on the first day of each billing period, regardless of the actual use of the service.
7.5 Transaction costs, as well as certain services linked to order volume or intensive use of external integrations, may be invoiced weekly or monthly, at DELITBEE’s discretion, depending on the operating model applicable to the CLIENT.
7.6 The default payment method is payment by bank card through Stripe. Direct debit (SEPA) shall only be available upon express request and approval by DELITBEE. Bank transfer shall only be accepted for one-off, non-recurring services.
7.7 One-off services (customizations, specific developments, onboarding, hardware, etc.) shall be invoiced separately from the SaaS plan, shall not be refundable once initiated or delivered, and may require advance payment as a condition for their execution.
7.8 Without prejudice to any other right, delay or non-payment by the CLIENT shall entitle DELITBEE to: (a) suspend the service in whole or in part; (b) apply late-payment surcharges and interest in accordance with Law 3/2004, of 29 December; (c) demand payment by way of set-off against amounts pending settlement through Stripe Connect; and (d) terminate the agreement, with no right to compensation for the CLIENT. Suspension of the service shall not exempt the CLIENT from its obligation to pay the amounts owed.
7.9 DELITBEE reserves the right to modify plans, prices and financial terms, upon prior notice to the CLIENT of at least 30 calendar days, unless the modification is imposed by regulatory changes, third-party costs or external providers, in which case it may be applied immediately. Continued use of the service after that period has elapsed shall constitute express acceptance of the new terms.
The CLIENT expressly acknowledges and accepts that all electronic payments made by end customers through the Own Channel must be processed exclusively through DELITBEE’s integrated payment platform. Use of DELITBEE’s payment platform constitutes an essential condition of this Agreement.
The foregoing is without prejudice to payments made outside the Own Channel by cash or the CLIENT’s own physical card terminal, in respect of which DELITBEE neither intervenes nor assumes any liability.
The CLIENT authorizes DELITBEE to: (a) manage automated payment flows; (b) deduct costs before settlement; (c) apply holds when necessary; and (d) transmit essential data to the payment service provider in order to process payments.
When an end customer places an order through the DELITBEE Platform: (a) the payment service provider processes the charge; (b) the contractually agreed costs are automatically applied; and (c) the remaining amount is settled to the CLIENT through the associated payment account. The CLIENT acknowledges that DELITBEE does not hold funds at any time, nor act as a financial institution, and merely provides a technology infrastructure for payment intermediation.
The CLIENT may not, directly or indirectly: (a) redirect payments outside the DELITBEE Platform; (b) modify or alter the payment settlement architecture; (c) interfere with the checkout logic or the payment collection processes; or (d) manipulate parameters, scripts or configurations related to the payment system. DELITBEE may immediately suspend the service in whole or in part in the event of any attempt to alter or make unauthorized use of the payment system, with no right to compensation for the CLIENT.
The CLIENT expressly acknowledges and accepts that all economic risk arising from electronic payments made through the Own Channel rests exclusively with the CLIENT. This includes, without limitation: unauthorized payments, fraudulent use of cards, false identities, cardholder claims, chargeback requests, and disputes initiated before banking entities or the payment service provider. DELITBEE does not assume any financial risk arising from such transactions.
The CLIENT must bear in full: (a) the amount of the order subject to the dispute; (b) the costs charged by Stripe or banking entities; (c) any penalties or fees arising from the chargeback; and (d) any associated administrative cost. DELITBEE may automatically offset such amounts against future settlements to the CLIENT through Stripe Connect.
DELITBEE may, on a voluntary basis and without assuming any obligation, assist the CLIENT in managing disputes by sending technical logs, providing available evidence and transmitting relevant information to the payment provider. Such involvement does not imply any assumption of liability, does not constitute a mandate or representation, does not create an obligation of result, nor does it guarantee a favorable outcome for the CLIENT. The final decision on the dispute rests exclusively with the payment service provider or the competent banking entity.
DELITBEE may suggest that the CLIENT activate security measures, including strong authentication (3D Secure), amount limits and additional anti-fraud controls. The final configuration decision rests with the CLIENT, who assumes the associated risk.
10.1 The CLIENT accepts that DELITBEE may order the temporary hold of funds in Stripe Connect where any of the following circumstances arise: (a) existence of open chargebacks or disputes; (b) outstanding debts owed by the CLIENT to DELITBEE; (c) reasonable suspicion of fraud; (d) risk alerts issued by the payment provider; (e) incomplete KYC/KYB verification processes; or (f) breach of contract.
10.2 The hold shall be maintained for as long as necessary to resolve the dispute, cover the amounts owed, comply with requirements of the payment provider or mitigate financial or legal risks.
10.3 The CLIENT acknowledges that DELITBEE does not control the payment provider’s risk algorithms or criteria, that holds do not give rise to a right to compensation, and that delays in settlements do not constitute a breach of contract.
10.4 Where the risk is high, DELITBEE may temporarily suspend the service, block integrations or limit features until the situation is regularized, without this giving rise to any right to compensation.
11.1 If the restaurant enables cash payment or payment via a non-integrated physical card terminal, DELITBEE does not intervene in the transaction.
11.2 The CLIENT shall be solely responsible for: (a) correctly recording that payment; (b) complying with tax regulations; (c) preventing fraud associated with payments made outside DELITBEE’s gateway; and (d) handling claims from the end customer.
11.3 DELITBEE cannot offset costs, hold funds or intervene in financial disputes where the order is paid outside DELITBEE’s gateway.
The CLIENT acknowledges and accepts that DELITBEE does not provide delivery services nor act as a logistics operator. DELITBEE merely provides technological intermediation consisting of the transmission of order data, the receipt of delivery status updates and the technical recording of the information received. DELITBEE does not, under any circumstances, organize, execute, control or supervise the delivery service.
DELITBEE may maintain framework agreements, technical integrations or collaboration relationships with external delivery companies for the sole purpose of facilitating the CLIENT’s technological access to such services. However, the delivery service is performed and provided on behalf of, and under the exclusive responsibility of, the external delivery company, and the legal relationship arising from the performance of the transport takes place between the CLIENT and that company, with DELITBEE not being a party to the transport agreement nor assuming any obligations arising therefrom.
External delivery companies are solely responsible for collecting the order, delivering it to the end customer, delivery times, the integrity of the product during transport, and the handling of logistics incidents. The CLIENT remains, in all cases, ultimately responsible to the consumer under applicable consumer protection regulations, and releases DELITBEE from any claim arising from the delivery service.
In the event of delays, failed deliveries, undelivered orders, damaged products or courier errors, the CLIENT must report the incident through the channels made available by DELITBEE. DELITBEE shall forward the incident to the relevant delivery platform, acting exclusively as a technical intermediary, without this implying any assumption of liability, the constitution of a mandate, or a guarantee of a favorable outcome. The decision on compensation rests exclusively with the delivery company.
For the proper handling of incidents, the CLIENT must provide detailed information, photographs, order data and any reasonable evidence requested. Insufficient evidence may result in the claim being denied by the delivery company, without DELITBEE being liable for such denial.
DELITBEE may use the technical records (logs) generated by the Platform as evidence in the handling of incidents. Such logs shall have sufficient evidentiary value unless proven otherwise.
13.1 The CLIENT is solely responsible for the content published on its online store (text, images, descriptions, prices, promotions, allergens, opening hours, delivery zones, etc.). DELITBEE does not supervise or validate such content.
13.2 The CLIENT must: (a) keep products, prices, menus, allergens, images and descriptions up to date; (b) properly configure opening hours, delivery zones and availability; (c) enter truthful, complete information that complies with food regulations; and (d) periodically review its data to avoid operational errors.
13.3 The CLIENT shall be liable to third parties for any error, omission, legal breach or outdated content. DELITBEE may remove illegal content or content that infringes third-party rights, without prior notice, in its capacity as intermediary service provider.
13.4 The CLIENT is aware of, and shall comply with, all regulations governing its activity, including health and food regulations, Regulation (EU) 1169/2011 on food information and allergens, municipal trading regulations, tax and accounting regulations, and data protection rules in its capacity as Data Controller of the End Customer.
DELITBEE shall implement reasonable technical and organizational measures, including: TLS encryption in transit; secure storage on Google Cloud or other equivalent providers; firewalls and intrusion-prevention systems; role-based access controls; secure authentication; internal monitoring and alerts; periodic backups; and internal security policies.
Including any other conduct not directly attributable to DELITBEE, DELITBEE shall not be liable, by way of example and without limitation, for: (a) infected or compromised devices belonging to the CLIENT; (b) security failures arising from insecure Wi-Fi networks; (c) attacks caused by the CLIENT’s weak passwords; (d) improper access arising from the misuse of internal accounts; nor (e) breaches occurring in third-party integrations or services.
The CLIENT must connect payment devices to secure networks managed by itself, adopt appropriate security measures to ensure the security of the network and of transactions, and ensure that its employees make correct use of the payment terminals.
DELITBEE records: creation and updating of orders, status changes, panel access, relevant actions performed by the CLIENT, technical errors and suspicious activity. These logs constitute valid evidence in the event of a dispute, fraud or audit. Logs shall not be provided to the CLIENT in full, except in reasonable investigations, legal requirements or disputes involving the CLIENT that require evidence.
DELITBEE shall make reasonable efforts to maintain the availability of the Platform in accordance with standard practices in the SaaS sector, without this implying any guarantee of minimum availability or uninterrupted operation. 100% availability is not guaranteed, due to: scheduled maintenance, updates, incidents affecting external providers, outages of third-party services or force majeure.
Support response times are indicative: high-priority incidents, maximum 24 hours; medium-priority incidents, between 24-72 hours; low-priority incidents, within a reasonable time. Times may vary depending on public holidays or service saturation.
The following are expressly excluded from the SLA: incidents caused by incorrect configuration by the restaurant; errors in the client’s equipment; failures in the client’s internet connection; problems with delivery platforms; incidents on payment platforms or payment gateways; unauthorized modifications; or failures of cloud infrastructure providers.
15.1 DELITBEE’s obligations:
15.2 CLIENT’s obligations:
16.1 Exclusive ownership
DELITBEE is the owner, or legitimate licensee, of: the Platform software; the technical and functional structure; the source code; internal databases; APIs; graphical interfaces; designs; trademarks, logos and distinctive signs; technical documentation, manuals and training materials; server architecture; and internal processes, operating models and know-how. This Agreement does not transfer to the CLIENT any intellectual or industrial property right whatsoever, without prejudice to the limited license of use granted.
16.2 SaaS License
DELITBEE grants the CLIENT a temporary, limited, non-exclusive, non-transferable license, revocable at any time, to access and use the DELITBEE SaaS Platform and its active modules, in accordance with the services selected in the Specific Terms. The license shall remain in force for as long as the CLIENT maintains an active plan, has completed the configuration steps and there is no non-payment or breach of clauses.
16.3 Express prohibitions
The CLIENT is prohibited from: (a) altering, copying, imitating, cloning or reproducing the Platform; (b) reconfiguring, modifying or attempting to modify the code; (c) translating, disassembling or carrying out reverse engineering; (d) using robots, spiders, scrapers or other automated means; (e) attempting to gain unauthorized access to APIs, databases or modules; (f) developing proprietary or third-party software based in whole or in part on the Platform; (g) sublicensing, reselling or assigning access to third parties without express authorization; nor (h) using the SaaS to compete directly with DELITBEE. Breach may result in immediate termination of the service, with no right to compensation.
16.4 CLIENT’s content
The CLIENT retains ownership of its texts, own images, logos, menus, prices, corporate information and content that it voluntarily uploads. DELITBEE may store, copy and process such content solely to provide the service.
17.1 The warranties expressly set out in the Agreement are the only ones offered by each party to the other in respect of its subject matter.
DELITBEE warrants that: (a) the Platform is provided in accordance with standard practices in the SaaS sector; and (b) appropriate technical and organizational measures are applied to its operation. Without this implying any warranty of uninterrupted operation, absence of errors or absolute stability.
DELITBEE does NOT warrant: the total absence of errors; permanent compatibility with all of the CLIENT’s devices; uninterrupted operation; absolute availability; increased sales; commercial success; economic impact; return on investment; SEO ranking; number of orders; nor end-customer satisfaction.
17.2 The CLIENT acknowledges having full knowledge of the characteristics of the Services contracted and considers them suited to its requirements, being aware that they are not free of errors.
17.3 The Services may be interrupted, and DELITBEE reserves the right to suspend the Services and/or access at any time for operational, regulatory, legal or other reasons (maintenance, updates, security, feature improvements, breakdowns, etc.), notifying the CLIENT with reasonable advance notice where circumstances so permit.
17.4 External integrations offer services subject to their own terms, particular SLAs, privacy policies and independent availability. DELITBEE cannot guarantee their continuous or future operation.
18.1 The CLIENT acknowledges and accepts that the Services provided are not free of errors, margins of error or technical variability.
DELITBEE shall only be liable to the CLIENT for direct damages, actually caused and proven, that are the direct and immediate consequence of willful misconduct or gross negligence attributable exclusively to DELITBEE. Under no circumstances shall it be liable for damages arising from acts or omissions of third parties or of the CLIENT itself.
18.2 Any liability of DELITBEE is expressly excluded for: indirect damages, consequential damages, loss of profits or revenue, loss of business opportunities, loss of clientele, loss of data, reputational damage, loss of earnings, and business interruption.
18.3 DELITBEE shall not, under any circumstances, be liable for damages or losses arising from: (a) content entered or configurations made by the CLIENT; (b) incidents in the preparation, quality, delivery or consumption of the restaurant’s products; (c) acts, errors or breaches by delivery platforms, payment gateways, banks or external providers; (d) chargebacks, fraud, unauthorized payments or financial blocks; (e) outages, failures or unavailability of third-party services or external infrastructure; (f) errors arising from the CLIENT’s devices, networks or systems; (g) incorrect configurations of the Own Channel; (h) lack of sales, traffic, visibility or economic results; nor (i) commercial or strategic decisions made by the CLIENT.
18.4 DELITBEE’s total accumulated liability, for any cause and over any period, shall be limited to the total amount paid by the CLIENT to DELITBEE in the last 12 months, or €500, whichever is lower.
18.5 The involvement of third parties (including, without limitation, the payment provider, banking entities, delivery platforms, cloud providers or integrators) breaks the causal link between DELITBEE’s conduct and any damage alleged by the CLIENT.
18.6 Neither Party shall be liable to the other for delay or non-performance arising from force majeure. Neither Party shall exclude or limit its liability to the other for willful misconduct or gross negligence, nor in cases where applicable law does not permit such limitation.
19.1 This Agreement shall remain in force for the agreed term and, where applicable, for the agreed automatic renewal periods.
19.2 The Agreement may be terminated on the following grounds:
19.3 The CLIENT may cancel the service by giving DELITBEE 30 days’ notice, provided there is no outstanding non-payment, following the established formal process. No refunds shall be made for periods already paid.
DELITBEE may terminate the Agreement at any time by giving the CLIENT 30 days’ notice. In the event of termination for convenience by DELITBEE, amounts paid in advance for remaining months shall be refunded to the CLIENT.
19.4 Upon termination of the agreement: (a) the SaaS license is revoked; (b) access to the panel and associated services is removed; (c) the stores and own channels cease to operate; (d) integrations with delivery couriers cease automatically; (e) the payment account is blocked; and (f) all outstanding amounts become immediately due.
19.5 DELITBEE shall retain logs and technical records in accordance with legal obligations, shall delete operational data where applicable, and shall keep personal data duly blocked for the applicable legal periods. DELITBEE shall not be obliged to export configurations or design assets.
19.6 The obligations relating to (i) confidentiality, (ii) protection of personal data, (iii) limitation of liability, (iv) intellectual and industrial property, and (v) payment of accrued amounts, shall remain in force after termination.
20.1 Each of the Parties shall keep strictly confidential the information to which it has access as a result of this Agreement and shall not disclose any part thereof, except as permitted or required for compliance with the obligations arising from this Agreement. Any technical, operational, commercial, financial, strategic or contractual information relating to either party shall be considered confidential.
20.2 Likewise, each of the Parties shall adopt appropriate measures to prevent unauthorized access to the Confidential Information and shall use such information solely for the purposes of the Agreement.
20.3 The parties may disclose the Confidential Information to: (a) employees and executives who necessarily require such information; (b) auditors and professional advisors; (c) where DELITBEE is the recipient, DELITBEE‘s agents and subcontractors; and (d) where required by any legal or judicial provision.
20.4 The confidentiality restrictions shall not apply where: (a) the information is in the public domain without breach of the Agreement; (b) the recipient held it prior to receiving it from the other party; (c) it is lawfully received from a third party; (d) it has been independently developed by the recipient; or (e) it is required by law or by the courts.
20.5 The confidentiality obligations shall remain in force for as long as the contractual relationship between the Parties lasts, and for five (5) years after its termination, save for personal data, which is governed by the GDPR.
21.1 Both Parties warrant that the processing of personal data in connection with the Agreement shall be carried out in compliance with General Data Protection Regulation 2016/679 (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
21.2 The CLIENT is the Data Controller of the end customers’ data. DELITBEE acts as Data Processor. External integrations (payment provider, delivery couriers, Brevo, Comeback, etc.) act as sub-processors or independent providers, as applicable.
21.3 DELITBEE processes, as Processor, among other data: end customer identification data, order data, delivery addresses, phone numbers, emails, customer preferences and technical logs. DELITBEE shall not use this data for its own unauthorized purposes.
21.4 The CLIENT warrants and holds DELITBEE harmless in respect of the fact that: (i) it is the Data Controller of its end customers’ data; (ii) it is entitled to process such data and to share it with DELITBEE; (iii) it has adopted appropriate measures in compliance with the GDPR; and (iv) it complies with all applicable data protection provisions, including obtaining the necessary consents.
21.5 The processing of personal data by DELITBEE for which the CLIENT is controller shall be governed by the provisions of the Data Processing Agreement, which forms part of the Agreement as an Exhibit.
21.6 The CLIENT authorizes DELITBEE to use the following providers as sub-processors: Stripe, Google Cloud, Brevo, Comeback, Airtable and the integrated delivery companies, all in accordance with the provisions of the DPA.
21.7 Data transfers outside the EEA shall be covered by Standard Contractual Clauses (SCCs), adequate additional safeguards or equivalent mechanisms in accordance with the GDPR.
21.8 When an end customer exercises its rights (access, rectification, erasure, objection, portability), DELITBEE shall assist the CLIENT in complying with such requests, but responsibility for responding rests exclusively with the CLIENT as Data Controller.
22.1 Subcontracting. DELITBEE may subcontract technology services, cloud storage, complementary modules, support services and external integrations, without requiring the CLIENT’s prior authorization. The CLIENT may not subcontract use of the SaaS to third parties nor assign access without express authorization.
22.2 Assignment. The CLIENT may not assign, transfer or otherwise convey this Agreement without the prior written consent of DELITBEE. DELITBEE may assign its rights to group companies, technology partners or acquirers in the event of a merger or sale, by notifying the CLIENT, without requiring the CLIENT’s consent.
22.3 Communications. Official communications between the parties shall be made by corporate email, notifications within the DELITBEE panel, or certified letter where additional formality is required. Valid addresses: DELITBEE: legal@delitbee.com; CLIENT: as indicated in the Specific Terms or in the admin panel. A notification sent by email shall be deemed received when it does not generate a delivery error and is recorded in the server logs. The CLIENT undertakes to keep its contact details up to date.
22.4 Amendments. DELITBEE may amend these Terms and Conditions to adapt to technical changes, service updates, regulatory compliance or improvements to the service provided. Amendments shall be notified to the CLIENT with at least thirty (30) calendar days’ notice, unless the change is imposed by applicable regulations or by external providers. In the event of disagreement, the CLIENT may terminate the Agreement upon 30 days’ prior notice.
22.5 Commercial communications. The CLIENT authorizes DELITBEE to send product updates, technical information, service notices and communications necessary to operate the SaaS. The CLIENT may opt out of commercial communications at any time, except for those necessary for security, billing, service operations or contractual compliance.
22.6 Severability. If any part of this Agreement is declared void by a court or competent authority, such invalidity shall not affect the validity and enforceability of the remaining provisions.
22.7 Waiver. The fact that DELITBEE does not exercise a right or provision of this Agreement shall not constitute a waiver of such right or provision.
22.8 Entire Agreement. This Agreement supersedes any prior agreement, whether verbal or written, between the parties, and constitutes the entire agreement with respect to the SaaS and associated services.
22.9 Acceptance by electronic means. Acceptance of these Terms and Conditions by checking the box enabled during the registration process is equivalent to signing the Agreement and has full legal validity in accordance with Law 34/2002 (LSSI) and Regulation (EU) No. 910/2014 (eIDAS). If there is no physical signature but the service has been activated, it shall be deemed accepted from first use.
22.10 Order of precedence of documents. In the event of contradiction between documents: (1) Master SaaS Services Agreement; (2) Specific Terms published on the website; (3) active specific Exhibits; (4) these General Terms and Conditions. The DPA shall prevail over any reference relating to data protection.
22.11 Force Majeure. Neither party shall be liable for events beyond its reasonable control, including natural disasters, massive infrastructure failures, pandemics, power outages, failures of critical providers, armed conflicts or extraordinary government decisions.
This Agreement and any matters arising from it shall be governed by and construed in accordance with applicable Spanish and European law, including: the Spanish Civil Code, the Information Society Services Law (LSSI), the GDPR and the LOPDGDD, and PSD2 regulations with respect to electronic payments.
The parties undertake to attempt to resolve any conflict through direct communication, log review or technical meetings before resorting to the courts.
In the event of any disagreement, controversy and/or dispute arising from this Agreement or relating to its performance or interpretation, the parties, acting in their capacity as businesses or professionals, agree to submit to the jurisdiction of the Courts and Tribunals of Valencia (Spain).