Terms of Service

1. Who provides the service

Noctelo is provided by Rafael Henrique Barros. When you sign up for Noctelo, your contract is with him.

• Provider: Rafael Henrique Barros, an individual resident in Spain, trading as Noctelo.
• Spanish tax ID (NIF/NIE): Z2504792M
• Email: contato@noctelo.site

2. Acceptance

By creating an account, subscribing to a plan or continuing to use the service, you confirm that you have read and accept these Terms and our Privacy Policy. If you use the service on behalf of a business, you confirm that you are authorised to bind it, and “you” includes that business.

The service is intended for professionals and businesses, not consumers, and may only be used by people aged 18 or over.

3. The service

Noctelo is provided as subscription software, available in the browser and as an app. Depending on the plan, it includes scheduling and bookings, shifts, cash and finance, commissions, a staff portal, a public showcase page, WhatsApp and Telegram connections, and AI assistants.

What each plan includes is described on the pricing page. We may improve, change or withdraw features; if we withdraw an essential feature of the plan you pay for, we will give you reasonable notice, and you may cancel and request a refund of the unused period.

4. Account and access

• Your registration details must be accurate and kept up to date.
• You are responsible for your account credentials, your team's PINs and everything done with them. Tell us immediately if you suspect unauthorised access.
• You decide who on your team has access and with which permissions, and you are responsible for how they use the service.

5. Acceptable use

You agree not to use the service, or let it be used, for:

• any activity that is unlawful where it is carried out, or carried out without the licences and permits it requires;
• any activity involving minors, human trafficking, coercion, exploitation or the absence of anyone's consent;
• fraud, impersonation, spam, or sending messages to people who have not requested or agreed to receive them;
• publishing or sending content that infringes third-party rights, including copyright, image and privacy rights, or intimate content without the consent of the people shown;
• harassment, threats, hate speech or defamation;
• interfering with the security of the service: introducing malware, probing for vulnerabilities without permission, circumventing technical limits, reverse engineering, or scraping data;
• reselling or sharing access to the service without our written permission.

If we have reasonable grounds to believe these rules have been broken, we may suspend the account or the content concerned, as described under suspension and termination, and cooperate with the authorities where the law requires it.

6. Your business and your data

You alone are responsible for your business: its lawfulness, its licences, its tax and employment obligations, and your relationship with the professionals and clients you serve. Noctelo is a management tool and plays no part in those relationships.

The data you enter into the service (clients, professionals, bookings, messages, photos, amounts) remains yours. You confirm that you have a lawful basis to process it, including any special-category data, that you have informed the people it concerns, and that you have permission from anyone who appears in photos and text published on your showcase page.

You grant us a limited licence to host, copy and process that data only as far as needed to provide the service.

7. Processing data on your behalf

For the personal data you enter into the service, you are the controller and we act as your processor under Article 28 of the EU General Data Protection Regulation (GDPR). This section forms our data processing agreement. We undertake to:

• process the data only to provide the service and on your instructions, which are the settings you choose and the actions you take in Noctelo;
• ensure that anyone with access to it is bound by confidentiality;
• apply the security measures described in the Privacy Policy;
• use only the sub-processors listed in the Privacy Policy, under equivalent protection obligations, and announce any change there; if you object to a new sub-processor, you may cancel your subscription and request a refund of the unused period;
• help you respond to data subject requests and meet your security and breach-notification obligations, informing you without undue delay of any breach affecting your data;
• when the contract ends, let you export the data and then delete it, as described in the Privacy Policy;
• make available the information needed to demonstrate compliance with these obligations.

8. WhatsApp, Telegram and other third-party services

WhatsApp and Telegram connections use accounts that belong to you. Messages pass through those services and are subject to their terms, which you must follow. Those services may limit, suspend or ban accounts at their own discretion; we do not control those decisions and are not liable for them.

9. Artificial intelligence

The assistants reply automatically based on your settings and your business information. AI-generated replies can be wrong: you must configure them, supervise what they say and correct them where needed, and you can switch them off at any time. Their output is not professional advice.

You are responsible for the instructions you give the assistants and for how you use their replies. The acceptable use rules apply to them too: they may not be used to generate unlawful, deceptive or harassing content, deepfakes, or sexual content without consent.

We do not use your data to train AI models. Under its API terms, the AI provider we use does not use it for that purpose either.

10. Plans, payment and renewal

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle takes the payment, issues the invoice, calculates applicable taxes and handles billing enquiries and refunds. Purchases are also subject to Paddle's buyer terms.

• Prices and applicable taxes are those shown on the pricing page and at checkout at the time of purchase.
• Subscriptions are prepaid, weekly or monthly depending on the plan, and renew automatically at the end of each period until cancelled.
• Some plans include a free trial, with no card required, for the length stated on the plan. Nothing is charged during the trial.
• You can cancel at any time from the dashboard. Cancelling stops the next charge, and you keep access until the end of the period already paid for.
• If we change a plan's price, we will give you at least 30 days' notice; the new price only applies from the first renewal after the notice, and you may cancel before then.
• Refunds are governed by our Refund Policy.

11. Intellectual property

The software, the Noctelo brand and all service materials belong to us or our licensors. Your subscription gives you a non-exclusive, non-transferable right to use the service while it lasts. We may use suggestions you send us to improve the service, without any obligation to compensate you.

12. Availability and warranties

We work to keep the service available and secure and take daily backups, but we do not guarantee that it will be uninterrupted or error-free. There may be downtime for maintenance or because of third-party failures. To the extent permitted by law, the service is provided as is, without warranties beyond those set out in these Terms.

We recommend that you regularly export any data you consider critical; the account owner can do so at any time in the settings.

13. Limitation of liability

To the extent permitted by law, we are not liable for indirect damage, lost profits, loss of goodwill, or loss of data not caused by our own failure. Our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability for wilful misconduct or gross negligence, or any other liability that cannot be limited by law.

14. Suspension and termination

You can close your account at any time in the settings. You have 30 days to change your mind; after that, the data is deleted as described in the Privacy Policy. Export anything you want to keep first.

We may suspend or terminate an account, with prior notice wherever possible, for serious or repeated breach of these Terms, non-payment, a risk to the security of the service or of others, well-founded suspicion of fraud, or an order from an authority. If termination is not due to your breach, we will refund the unused part of the period you paid for.

15. Changes to these Terms

We may update these Terms. We will announce material changes by email or in the dashboard at least 15 days in advance; if you do not agree, you may cancel before they take effect. Continuing to use the service after that date means you accept them. The date and version in force are shown at the top of this page.

16. Governing law and jurisdiction

These Terms are governed by Spanish law. Any dispute will be submitted to the courts of the provider's domicile in Spain, unless mandatory law provides otherwise.

These Terms are available in several languages. If the versions differ, the English version prevails.

17. Contact

For any question about these Terms, write to contato@noctelo.site.