Terms and conditions of use

1. Purpose and scope of application

This contract regulates the access and use of the "Vecinly" platform, operated by Home Digital Iberia SLU (hereinafter, "the company"), by its users. Home Digital Iberia SLU acts exclusively as an independent technology provider and is not a party to the agreements adopted between community members.

2. Registration and user accounts

Full access requires account creation. The user must be of the minimum age required by the data protection law of their country of residence and guarantees that all information provided is true, accurate and up-to-date. You are responsible for maintaining the confidentiality of your credentials and for immediately notifying us of any unauthorized access.

3. Right of digital withdrawal

In accordance with Directive 2011/83/EU and the consumer regulations applicable in your jurisdiction, you have fourteen (14) calendar days to withdraw from the contract without needing to give any justification. If you expressly request that the service begin during that period, you may still withdraw within the 14 days by paying only the proportional part of the service actually rendered up to the date of your withdrawal request.

4. Acceptable use and DSA regulations

The user agrees to use the platform diligently, legally and correctly. Hosting illegal content, using scraping tools or attempting to reverse engineer the software is strictly prohibited. In accordance with the Digital Services Regulation (DSA), the company provides reporting mechanisms for illegal content and reserves the right to suspend violating accounts.

5. Licenses and intellectual property

All intellectual and industrial property rights in the platform —including, without limitation, the software, source code, databases, design, structure, "look and feel", logos, trade names and trademarks, including the Vecinly™ trademark (European Union trade mark applied for at the EUIPO)— belong to Home Digital Iberia SLU or its licensors and are protected by applicable law.

Home Digital Iberia SLU grants the user a limited, non-exclusive, non-transferable and revocable license to use the platform solely for the purpose of managing their community, in accordance with these terms. This license remains in force for as long as the user complies with these terms and, where applicable, for the duration of the contracted subscription.

Except where mandatorily permitted by law, the user is expressly prohibited from copying, reproducing, modifying, translating, distributing, publicly communicating, making available, creating derivative works, decompiling, disassembling, reverse-engineering, scraping data from, reselling or sublicensing the platform or any of its components, as well as from removing or altering any proprietary notices, trademarks or other identifying marks.

The user retains ownership of the content they upload to the platform. However, they grant Home Digital Iberia SLU a worldwide, non-exclusive and royalty-free license to host, store, reproduce and process such content to the extent necessary to provide the service.

Any feedback, suggestion or improvement proposal provided by the user may be freely used by Home Digital Iberia SLU, without any compensation or obligation of confidentiality in favor of the user.

The trademarks, trade names and other distinctive signs of Home Digital Iberia SLU may not be used without its prior written authorization. All rights not expressly granted in this clause are reserved to Home Digital Iberia SLU or its licensors.

6. Subscriptions and payments

Certain features are subject to the payment of recurring fees. Payments are processed through a certified payment gateway. Unless otherwise required by law, fees paid are final and non-refundable, even upon early cancellation during a billed period. The contracting of paid plans is subject to the fourteen (14) day right of withdrawal described in clause 3 of these terms.

7. Limitation of liability

The company provides the platform "as is" and "as available", without guaranteeing that the service will be uninterrupted or error-free. Home Digital Iberia SLU merely provides the technological tool and the associated services in accordance with Ley 49/1960, de 21 de julio, de Propiedad Horizontal (LPH). The use of the platform and the decisions, actions, content and agreements derived from such use are the exclusive responsibility of the users. Consequently, Home Digital Iberia SLU shall not be liable for the actions, omissions, decisions, content or uses that users make of the platform, nor for the consequences arising from them. To the maximum extent permitted by law, the company is not liable for indirect damages or loss of profits. Nothing in these terms excludes or limits Home Digital Iberia SLU's liability for wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be excluded under applicable mandatory law. The foregoing is without prejudice to the statutory conformity guarantees for digital services granted to the consumer (Directive (EU) 2019/770 and the national legislation transposing it).

8. Cancellation and suspension

The user can cancel their account at any time from the platform. The company may suspend accounts for non-payment, fraud or violation of these terms.

9. Applicable law and competent court

The provision of the service is governed by the regulations in force in the user's jurisdiction. The parties submit to the competent courts in accordance with the applicable local legislation, unless a consumer defense rule compulsorily determines another jurisdiction.

10. Processing of your community's personal data

When you use Vecinly as the president or a member of a community, Home Digital Iberia SLU processes, on behalf of the community, the personal data required for its management (for example, minutes, votes, fees, incidents and internal communications). With respect to such data, the community of owners is the data controller and Home Digital Iberia SLU acts as a data processor under the terms of Article 28 of Regulation (EU) 2016/679 (GDPR). Home Digital Iberia SLU will process that data solely on the community's instructions and to provide the service, will ensure confidentiality and the security measures of Article 32 of the GDPR, will assist the community in responding to data-subject rights and in breach notification, will engage only sub-processors offering equivalent guarantees, and will delete or return the data at the end of the service, save where retention is legally required. By accepting these terms and registering the community, the user, in their capacity as the community's representative, issues those processing instructions.

User-generated content: zero tolerance

The platform allows users to publish user-generated content (chat messages, announcements, incident reports and similar). You agree not to post objectionable content or engage in abusive behaviour. Objectionable content includes, without limitation: unlawful, defamatory, threatening, harassing, hateful, discriminatory or obscene content, and content infringing third-party rights (including intellectual property, honour, privacy and data protection). We maintain a zero-tolerance policy towards objectionable content and abusive users.

The app provides mechanisms to report content and to block other users; blocking a user immediately hides their content. Reports are reviewed and resolved as soon as possible and in any event within 24 hours of receipt, removing content that breaches these terms and, where appropriate, suspending or ejecting the offending user.

Measures are applied proportionately to the seriousness and recurrence of the breach (warning, content removal, temporary suspension or account termination). Where content is removed or an account is suspended, we will inform the affected user of the reasons, unless legally prohibited, and the user may submit objections by writing to legal@vecinly.com. We reserve the right to bring manifestly unlawful content to the attention of the competent authorities. All of the above is without prejudice to the user's statutory consumer rights.