Terms and Conditions

Bonsai General Terms and Conditions

1. Identification of the Owner and Scope of the Terms

These General Terms and Conditions govern access to, subscription to and use of the BONSAI technology platform, as well as the contractual relationship established between BONSAI and the professionals or businesses that subscribe to the service.

These terms are binding from the moment the CUSTOMER accepts them during the sign-up process and apply throughout the term of the contractual relationship, together with the other legal texts of the app/website (privacy policy, cookie policy, legal notice and frequently asked questions).

2. Nature of the Service and Delivery Model

BONSAI is a comprehensive business management technology platform provided under the Software as a Service (SaaS) model. The service is delivered through cloud infrastructure, accessible via a web browser or compatible applications, with no local installation of the software on the CUSTOMER's systems.

Subscribing to the service does not under any circumstances involve the acquisition of the software, but rather the grant of a limited, revocable, non-exclusive and non-transferable right of use, subject to compliance with these terms and to maintaining an active subscription.

BONSAI is designed to centralize and simplify the operational, administrative and commercial management of service businesses, allowing the CUSTOMER to manage clients, bookings, classes, events, payments, employees, legal documents, records and business metrics from a single digital environment.

3. Intended Users of the Service and Exclusion of Consumers

The BONSAI service is intended exclusively for professionals, businesspeople and legal entities acting within the scope of their business or professional activity.

The service may not be subscribed to by consumers or end users as defined in Spanish Royal Legislative Decree 1/2007.

The CUSTOMER expressly declares that it subscribes to BONSAI for professional purposes and uses the platform to manage its business. Consequently, the right of withdrawal and any other specific protection provided for consumers do not apply.

4. Subscription Process and Formation of the Contract

Subscription takes place entirely electronically. The contract is deemed formed when the CUSTOMER completes the registration process, expressly accepts these General Terms and Conditions and the Data Processing Agreement, and begins to use the platform.

Electronic acceptance is fully legally valid and equivalent to a handwritten signature, creating a fully binding contractual relationship between the parties.

5. Features, Evolution of the Service and Updates

BONSAI offers a set of features that may vary depending on the plan subscribed to. These features are intended to make the day-to-day management of the CUSTOMER's business easier and may include, among others, booking systems, sale of class passes and memberships, invoicing, payments, communication with clients, employee management, digital signature, document management, clinical records and business analytics.

BONSAI reserves the right to introduce technical improvements, updates, new features or changes to the platform in order to optimize the service, adapt it to regulatory changes or incorporate technological advances. Such changes will not entail a substantial reduction of the essential features of the service subscribed to.

6. Plans, Prices, Invoicing and Payments

The applicable prices and plans will be those in force at the time of subscription and will be clearly available before the contract is accepted.

BONSAI may offer paid subscription plans, as well as a free plan subject to specific conditions. On the free (or trial) plan, BONSAI will charge a 3% fee on each financial transaction processed through the platform.

The fees charged by external payment gateways do not depend on BONSAI and will be borne directly by the CUSTOMER in accordance with the terms of the relevant provider.

7. Term, Renewal and Cancellation of the Service

The contract will remain in force indefinitely for as long as the CUSTOMER keeps its subscription active. Renewal will be automatic in accordance with the subscribed period.

The CUSTOMER may cancel at any time from its private area. Cancellation will take effect at the end of the current billing period, with no right to a refund of any amounts already paid.

8. Personal Data Protection and Roles of the Parties

In order to provide the service, BONSAI processes personal data on behalf of the CUSTOMER. In this context, the CUSTOMER acts as Data Controller and BONSAI as Data Processor, in accordance with Regulation (EU) 2016/679.

Data processing is regulated in detail in the Data Processing Agreement, which forms an inseparable part of these terms.

9. Customer Obligations and Responsible Use of the Platform

The CUSTOMER assumes full responsibility for its use of BONSAI and for the lawfulness of the data and content it enters into the platform.

In particular, the CUSTOMER undertakes to properly inform its clients, employees, patients or end users about the processing of their personal data, to obtain the necessary consents where legally required and to ensure that the data processed is accurate, up to date and relevant.

The CUSTOMER is responsible for correctly configuring access permissions, safeguarding user credentials and preventing unauthorized access. Any misuse resulting from negligent management of credentials will be attributable exclusively to the CUSTOMER.

BONSAI accepts no liability whatsoever for any legal breaches by the CUSTOMER towards third parties, or for claims arising from the CUSTOMER's use of the platform.

10. Intellectual Property and Rights over Content

BONSAI holds all intellectual and industrial property rights over the platform, including its source code, architecture, design, databases, interfaces, trademarks and distinctive signs.

Subscribing to the service does not grant the CUSTOMER any ownership rights over the platform beyond the limited right of use provided for in these terms.

The CUSTOMER retains ownership at all times of the data, content, documents and information it enters into the platform. BONSAI does not acquire any exploitation rights over such content beyond what is strictly necessary to provide the service.

11. Future Use of Artificial Intelligence and Automated Systems

BONSAI may in the future incorporate features based on artificial intelligence or advanced automation systems in order to improve the efficiency of the service, make it easier to manage the CUSTOMER's business or provide analyses and recommendations.

Under no circumstances will such systems use the CUSTOMER's data to train general-purpose artificial intelligence models or for any purposes of BONSAI's own other than providing the subscribed service.

Any use of automated systems will be limited to carrying out the CUSTOMER's instructions and to the processing of data strictly necessary for the specific feature enabled.

The CUSTOMER will be clearly informed when a feature involves automated decisions and will retain control over enabling or disabling it at all times.

12. Liability, Limitations and Exclusions

BONSAI provides the service with a reasonable level of professional diligence and in accordance with the standards of the technology sector.

However, BONSAI does not guarantee uninterrupted availability of the service or the complete absence of errors, especially where incidents are due to causes beyond its control, such as failures of external providers, connectivity problems or actions of the CUSTOMER.

BONSAI's total liability will in all cases be limited to the amount actually paid by the CUSTOMER during the twelve months prior to the event giving rise to the claim.

13. Governing Law and Jurisdiction

These terms are governed by Spanish law. The parties expressly submit to the Courts and Tribunals of Valencia.