These general conditions of use and legal information (hereinafter, General Terms) apply to the website of Webelapp Technologies, S.L. (hereinafter referred to as Webel), whose domains are appwebel.com and webel. es, and the corresponding mobile application, as well as all related or linked sites from appwebel.com and webel.es by Webel (hereinafter, collectively, the ‘Site’). The Site is owned by Webel. By using the Site, the User agrees to these terms of use. If you do not agree, please refrain from using it.

By means of these General Terms, Webel makes the website and the Webel mobile application (hereinafter jointly referred to as the Platform) available to users (hereinafter referred to as User or Users).

In compliance with the applicable regulatory provisions, the following identifying information of the Site's owner is provided:

Corporate name: Webelapp Technologies, S.L.

Registered Office: Avenida de Manoteras 18, 3rd Floor, Door 2, 28050, Madrid

Tax Identification Number (NIF): B88359096

Registration Details: Volume 39001, Page 90, Entry 1, Madrid Commercial Registry

1. Purpose

Webel is a technology company, whose main activity is the development and management of a technological platform through which, via a website or a mobile application (hereinafter referred to as the “App”), it intermediates in the booking of at-home services for individuals.

Thus, Webel has a Platform through which different Professionals, with whom Webel can maintain a commercial agreement for the use of the Platform, offer a series of services predetermined by the Platform. The Client has the possibility of requesting the acquisition of these Professionals’ services by authorizing a third party when requesting a service through the Platform, in which cases Webel acts solely as an intermediary and, therefore, cannot assume or does not assume any responsibility for the correct provision of the services directly offered by the Professionals.

Webel's main activity, therefore, consists of establishing the point of contact between Clients seeking at-home services and the Professionals who wish to provide them. To do so, clients will make a booking request detailing their needs to the professional of their choice, entirely at their discretion. Webel has no liability regarding the choice made by the Client.

Webel does not provide the services itself in any case, which means that there is no responsibility for the execution of these services. Only the Professionals with whom the registered Clients on the platform have established a contractual relationship will be responsible for such provision.

Throughout these General Terms of Use, we will refer to Clients and Professionals collectively as Users.

2. Terms of Use

Access to the Platform and the voluntary creation of a profile by the User implies the express and unequivocal acknowledgment and acceptance of these General Terms, the Privacy Policy, the Cookie Policy, and the Terms of Use of the payment provider by all Users.

3. Access and Registration for Users

To become a User of the Platform, the following requirements must be met:

You must be at least 18 years old.

Accurately complete the mandatory fields in the registration form, which request personal information such as username and email address.

Accept these Terms of Use

Accept the Privacy policy

Accept the Cookie policy

Accept the Cancellation policy

Accept the Mangopay Terms and Conditions

The User guarantees that all data provided to Webel regarding their identity and legitimacy in the Platform's registration forms are truthful, accurate, and complete. The User also agrees to keep their information updated, being solely responsible for any false or inaccurate data.

In the event that the User provides any false, inaccurate, or incomplete information, or if Webel has reasonable grounds to doubt the truthfulness, accuracy, or completeness of such information, Webel may deny the User present or future access to and use of the Platform or any of its content and/or services.

Upon registering on the Platform, the User will be able to access their profile by entering their email address and the password set during registration. Both the email address and password are strictly confidential, personal, and non-transferable. Webel recommends not using the same passwords as on other platforms to enhance account security. In the event that the User uses the same login credentials as on other platforms, Webel cannot guarantee the security of the account or ensure that the User is the only one accessing their profile.

The User agrees not to disclose their account information or make it accessible to third parties. The User will be solely responsible for the use of such information or the services of the site by third parties, including any statements made on the Platform, or any other actions carried out using the username and/or password.

3.1. Profile

To complete the registration on the Platform, the User must provide the following mandatory information: first name, last name, and email address; and optionally provide additional information such as date of birth, phone number, or ID. Once registration is complete, the User will be able to access their profile and complete, edit, or delete it as they see fit.

4. Service Operation. Terms of Engagement

When a User registered as a Client requires a service, they may access the platform and select the service they wish to contract, either through the available shortcuts or the platform's search bar. Once accessed, the Client must enter the address where they want to receive the service, so that the available Professionals in that area are displayed.

The Client may choose from the Professionals available in their area by accessing their profiles, which include a personal description, the final price list for each service, their availability, and reviews from other Users. The Client will freely select the Professional they deem appropriate, with Webel bearing no responsibility for the Client's choice of such Professional.

Once the Client has selected the characteristics of the service, they will proceed to book it. From that moment, the Professional has 24 hours to accept the booking request, after which the contractual relationship established via the Platform becomes mandatory. The parties involved in the contractual relationship created are solely responsible for such compliance, and Webel shall not be a party to this relationship under any circumstances. Therefore, Users shall be obligated to both provide the contracted service and pay the agreed amount for the provision of said service. In the event that either party in the relationship—whether the Client requesting the service or the Professional offering it—is ultimately unavailable, they must cancel the service from the designated section in the platform, thus being subject to the platform's cancellation policy outlined here.

In cases where the Client is not at the designated address at the established time, the Professional will wait for 30 minutes. If, after this wait, the Professional leaves the service location, the Client shall be responsible for 70% of the service price.

In cases where the Professional is ultimately unavailable to perform the service, they must cancel the service or contact the Client to explore alternative options. If the Client does not agree with any of the options proposed by the Professional and, as a result, is not interested in the alternative options, they must adhere to the consequences outlined in the cancellation policy.

4.1 Service Provision

Users who choose to offer their services through the Platform and, therefore, become Professionals, must complete a questionnaire where they specify the services they offer. In doing so, they must indicate the city and areas where they wish to provide the service(s), the price, service details, and a detailed description. The Professional confirms that the information provided is correct, accurate, and truthful, and will be solely responsible in case of any dispute. Listings cannot be duplicated, and the Professional may advertise in all professional categories available on the Platform.

For Professionals who choose to use the Platform, their relationship with Webel will be limited to that of an independent third-party contractor and not that of an employee, agent, joint venture partner, or partner of Webel for any reason. Additionally, they will act solely in their own name and interest, and not on behalf of or in the interest of Webel. Webel will not direct or control, nor be considered to direct or control, the actions taken by the Professional or their conduct under these Terms, including with regard to the provision of services. The Professional acknowledges that they may, at their sole discretion, advertise Services or engage in any other commercial or employment activities, provided it is permitted under these terms.

All Users agree to provide a safe and appropriate environment that enables the provision of the service and commit to complying with labor and Social Security laws, particularly those related to the Special System for Domestic Workers or any other applicable regulations, and more specifically, but not limited to, fulfilling contractual obligations, registering and contributing to Social Security, and paying wages arising from the employment relationship between Users, as well as any other obligations derived from their activity, from which Webel is fully exempt from any liability.

Once the service is completed, it is the Professional's responsibility to provide a physical receipt for the service if requested by the Client, with the Client and Professional being the sole parties responsible under the contractual relationship.

5. Service Claim

Clients may file a claim regarding a service if they are not satisfied with the work performed by the Professional. To do so, they will have a period of 24 hours from the completion of the service to submit the claim through the application, stating the reason for their dissatisfaction. The Webel team will review the case and decide whether to refund the amount paid to the Client or release the funds to the Professional's account.

If the Professional fails to appear at the agreed time and place, the Client must contact the Platform to seek a solution. Although the Platform is exempt from any liability arising from the Professional's actions, it may assist the Client in finding a replacement to meet their needs. If this is not the case, and provided that the Client notifies within 24 hours, Webel will proceed to refund the total amount paid by the Client.

6. Usage Fees and Payment for Services

Signing up and using the Platform is entirely free for Clients.

Professionals can access the Platform without incurring any costs.

Additionally, Webel uses an external service provider to process payments and store the User’s credit or debit card information. The payment provider responsible for collecting payments from Clients and disbursing payments to Professionals is Mangopay S.A. (hereinafter, "MangoPay"). Users who register on the Platform declare that they accept MangoPay’s terms of use in order to correctly utilize the Platform (available at the following link).

The Client is only required to pay for each service requested through the Platform, making this payment at the time of booking. The Professional will receive the payment for the service after completing the service and once 24 hours have passed since its completion.

The price of the service will be exactly the same as the price set by the Professional at the time of the quotation. Depending on the type of service, the Professional will either set an hourly rate, which will be multiplied by the duration of the service to calculate the total, or a flat rate per service, in which case the price established for each service will become due. It is the sole responsibility of the Professional to set the amount they wish to receive for providing the service, as it is the responsibility of the Client to pay the agreed price once the service has been rendered.

7. Price of Products and/or Services Listed on the Platform

All prices indicated on the Platform must include any applicable taxes based on the territory in which the User operates and shall be expressed in the prevailing currency according to the territory of the User's operation, with the euro (€) as the default currency.

In accordance with Clause 6 above, the applicable prices for each service will be those published on the Platform by the Professional at the time of booking. Any error in the listing of such prices is the sole responsibility of the Professional.

In order to transfer the funds earned from providing services to the Professional’s account, the Professional must provide their banking details, and proof of identity may be required to comply with the payment provider’s terms of use. A small fee will be deducted from the amount to be transferred, which will be used to maintain the Platform’s services operational. For more information, please fill out the Contact Form.

The Professional may modify the price of their services through the designated section in the application; however, this price will not affect services that have already been booked or contracted beforehand.

8. Messaging through the Platform

8.1 Messaging Service

The exchange of messages between Users is intended to facilitate the sharing of information regarding the contracted services or services that are intended to be contracted, which comply with these Terms and Conditions.

Users must refrain from sending messages or information that includes advertising, spam, or content containing viruses, malware, or malicious software, mass mailing messages, messages containing texts contrary to standards of morality and public order, defamatory messages or those containing insults, illicit messages, or messages containing personal information of the User with the intent to use the service for purposes other than those permitted.

The Platform may utilize algorithms that automatically detect misuse of the messaging service by Users. If such a message is detected, it may be automatically blocked so that the receiving User does not receive the message, and the Platform may investigate whether an infringement has occurred. The offending User will be warned that they are in breach of the Terms of Use, and if their behavior persists, the Platform may deactivate that User.

8.2 Reviews

Users are entitled to write reviews/ratings only if a service has been contracted between them via the Platform. Such reviews must be honest and fair, and insults and falsehoods are prohibited.

The Platform does not review User reviews before they are published. For this reason, if a User believes they have received a review that breaches these Terms, they should contact the Platform through the Contact Form. Webel has the authority to delete any reviews that infringe these rules and may also restrict the offending user's access to the Platform.

9. Promotional Codes and/or Other Offers or Discounts

Promotional codes and/or other offers or discounts offered through the Platform must be properly entered in the application prior to placing the order; otherwise, their use will not be effective for the User, and they will not be able to benefit from them.

Whenever a cancellation is initiated by Webel under the terms described in the following section, the Client will retain the validity of the promotional code and/or other offers or discounts for future use. When the cancellation is initiated by the User, the provisions of the following section will apply.

Webel reserves the right to cancel promotional codes and/or other offers or discounts offered when it becomes aware of fraudulent use of them (e.g., redeeming a promotional code when not the legitimate recipient, mass transmission of codes, selling discounts or codes, etc.). Furthermore, it reserves the right to apply penalties to Users for the amount of the defrauded use of the Platform.

10. Right of Withdrawal and Service Cancellation

In accordance with the nature of the service offered by Webel, when a client contracts a service provided by a professional, it may be canceled at a later time by either the Client or the contracted Professional. Webel is in no way responsible for any costs or issues arising from the cancellation of the service by either party in the contractual relationship; however, if both parties wish, and when Webel deems it appropriate, it may act as a third-party mediator to resolve the dispute that arises between them.

Webel reserves the right to offer any form of compensation, to either the Client or the Professional, for the consequences of the service cancellation, such compensation being at Webel’s discretion and not obligatory for the Platform. In the event of an error in the information provided by the Client in the request or in the quotation made by the Professional, the responsibility rests solely with them, thereby exempting Webel from any liability.

Webel has official complaint forms available to consumers regarding the service offered by Webel, in the official languages of the countries where Webel operates. To access one of these forms, the User must contact Webel at [email protected].

11. User Obligations

Users are fully responsible for accessing and properly using their profile and other content on the Platform in compliance with applicable national or international laws of the country from which they use the Platform, as well as in accordance with principles of good faith, morality, good customs, and public order. Specifically, the User commits to diligently observing these General Terms of Use.

Users are responsible for correctly entering individual, non-transferable, and sufficiently complex usernames and passwords, and for not using the same username and password on other platforms, all with the purpose of protecting their account from fraudulent use by third parties unaffiliated with the platform. Users must refrain from using their profile and the rest of the Platform's content for illegal purposes or in ways that may infringe upon the rights and interests of third parties or in any manner that may damage, disable, affect, or deteriorate the Platform, its content, and its services. Furthermore, preventing other Users from normally using or enjoying the Platform is prohibited.

Webel shall not be held editorially accountable and explicitly states that it does not identify with any opinions that may be expressed by Users on the Platform, for which the User who makes such statements is solely responsible for their consequences.

Those who fail to comply with these obligations will be liable for any harm or damage they cause. Webel will not be liable for any consequences, damages, or harm that may arise from such access or unlawful use by third parties.

In general, Users commit, by way of example and not limited to, to:

Any User may report another User when they believe that the latter is violating these General Terms of Use. Additionally, all Users can inform Webel of any abuse or violation of these conditions through the Contact Form. Webel will verify this report as soon as possible and will take the measures it deems appropriate, reserving the right to remove and/or suspend any User from the Platform for violation of these General Terms of Use. Furthermore, Webel reserves the right to remove and/or suspend any message containing illegal or offensive content without prior notice or subsequent notification.

12. User Termination

The User may opt-out of the Platform by sending an email via the Contact Form or by writing directly to [email protected].

13. Webel’s Liability

The User is responsible for having the necessary services and equipment for Internet navigation and for accessing the Platform. In the event of any incident or difficulty accessing the Platform, the User may report it to Webel through the contact channels made available to them, which will proceed to analyse the incident and provide the User with instructions on how to resolve it as quickly as possible.

Webel does not control or assume responsibility for the content submitted by Users through the Platform, with Users being solely responsible for the legal appropriateness of such content. Webel shall not be liable for service interruptions, connection errors, lack of availability, or deficiencies in Internet access service, nor for interruptions in the Internet network or for any other reasons beyond its control.

Webel is not responsible for any security errors that may occur or for any damage that may be caused to the User's computer system (hardware and software), or to files or documents stored therein, as a result of:

14. Liability for Content

Webel is not obligated to monitor the use that Users make of the Platform and, consequently, does not guarantee that Users will use the Platform in accordance with the provisions of these General Terms of Use, nor that they will use it diligently and/or prudently. Webel is not required to verify the identity of Users, nor the accuracy, validity, completeness, and/or authenticity of the data they provide. Any reference to a “verified” Member (or other similar terms) solely indicates that the Member has completed the corresponding verification or identification process, but does not imply anything further. This type of description does not constitute an endorsement, certification, or guarantee by Webel regarding any Member, including the Member's identity or background or the fact that the Member is reliable, safe, or suitable. In the event that a third party other than the one who iniciated the verification of the profile accesses this verified account, with or without the consent of the verified Member, Webel shall not be liable for any damages incurred, and shall not be liable for the accuracy of the data provided as it is in breach of these General Terms and Conditions of Use.

Webel disclaims any liability for damages of any kind that may arise from the unlawful use of the Platform by Users or that may result from the lack of truthfulness, validity, completeness, and/or authenticity of the information provided by Users about themselves to other Users. This includes, but is not limited to, damages of any kind that may arise from the impersonation of a third party by a User in any communication made through the Platform. In particular, Webel is not responsible for the use of the application, as well as for bookings or services contracted by Users on the platform.

Notwithstanding the above, Webel reserves the right to limit, in whole or in part, access to the Platform for certain Users, as well as to cancel, suspend, block, or remove specific types of content, using technological instruments or by storing anonymized data to prevent misuse of the platform and/or the registration of unsuitable users, should it become aware that the activity or information stored is unlawful or infringes upon the rights or goods of a third party. In this regard, Webel may implement necessary filters to prevent the dissemination of illegal or harmful content through the service. The provision of content by Users through the Platform will constitute the assignment to Webel of all exploitation rights derived from the content provided on the Platform.

Additionally, to promote the Webel Platform and increase the exposure of Advertisements to potential clients, Listings and other Content from Professionals may be displayed on other websites, in applications, in emails, and in both online and offline advertising.

15. "No Warranty" Clause in Service Provision

Webel makes no warranties regarding the authenticity, accuracy, novelty, reliability, legality, or non-infringement of third-party rights by the Professionals. In this regard, Users acknowledge that Webel is a technology platform primarily engaged in intermediation, meaning it connects Clients and Professionals, and therefore assumes no responsibility for the information provided by the Professionals or for any damages or losses that may arise from a breach of these General Terms of Use. Therefore, Webel shall never be liable for the availability of the Professionals or the prices set by them, as well as for the provision of their services.

Webel does not confirm or validate the identity and background of the Professionals. Notwithstanding the above, Webel may occasionally conduct additional checks and implement procedures aimed at helping to verify or confirm the identities of the Professionals, such as in the case of a verified profile. In this sense, when a User registers as a Professional, it simply means that the User has completed the corresponding registration process and has accepted these General Terms of Use and any other applicable specific conditions. It does not imply any certification or endorsement regarding their reliability, suitability, and/or safety by Webel.

For this reason, Webel advises Clients to always exercise common sense and caution when requesting a service from a particular Professional.

By being members of the Platform, Users agree that any legal liability they seek to assert as a result of actions or omissions by other Users of the Platform or third parties shall be limited to those Users or third parties, and no liability action shall be taken against Webel.

16. Taxes

Clients contracting the services or Professionals providing them are solely responsible for complying with applicable tax legislation, both when charging for the services, to which VAT must be applied, and when declaring the income generated by the provision of such services.

Tax regulations may require us to collect relevant tax information from our Professionals, or to withhold taxes from payments to our Professionals, or both. If a Professional fails to provide the required documentation in accordance with applicable laws (e.g., taxpayer number) to satisfy the obligation (if any) to withhold Taxes from payments made to them, the Platform reserves the right to withhold payments in the amount necessary to cover the required taxes by law, until the matter is resolved.

17. Platform Updates and Modifications

Webel reserves the right to modify, at any time and without prior notice, these General Terms of Use, the Privacy Policy, and the Cookies Policy. Users must carefully read these General Terms when accessing the Platform. In any case, acceptance of the General Terms will be a prior and indispensable step to accessing the services and content available through the Platform.

Additionally, Webel reserves the right to make, at any time and without prior notice, updates, modifications, or the removal of information contained on its Platform, as well as changes to its configuration, presentation, and access conditions, without assuming any liability for this. Webel does not guarantee the absence of interruptions or errors in accessing the Platform or its content, nor that it will always be up to date; however, Webel will make every effort, provided there are no circumstances that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections, or outdated content, to correct the errors, restore communication, and update the content.

18. Intellectual Property

Webel is the owner or licensee of all intellectual and industrial property rights included in the Platform, as well as the content accessible through it. The intellectual property rights of the Platform, including texts, images, graphic design, navigation structure, information, and content available on it, are owned by Webel, which holds the exclusive rights to exploit them in any form, and particularly the rights of reproduction, distribution, public communication, and transformation, in accordance with Spanish intellectual and industrial property law.

Authorization for the User to access the Platform does not imply any waiver, transfer, license, or full or partial assignment of intellectual or industrial property rights by Webel. It is not permitted to delete, bypass, or manipulate in any way the contents of the Webel Platform. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, republish, upload files, mail, transmit, use, process, or distribute in any form, all or part of the content included on the Webel Platform for public or commercial purposes, without the express and written authorization of Webel or, if applicable, the holder of the corresponding rights.

Any User who shares any type of content through the Platform guarantees that they hold the necessary rights to do so, releasing Webel from any liability concerning the content and legality of the provided information. The provision of content by Users through the Platform implies the transfer to Webel, at no cost, and with the maximum scope permitted by applicable law, of the intellectual or industrial property exploitation rights derived from such content.

19. Severability of Clauses

If any of the clauses in these General Terms is null and void or voidable, it shall be deemed as not included. Such declaration of nullity will not invalidate the rest of the Agreement, which will remain in full force and effect between the Parties.

20. Applicable Law

The relationship between Webel and the User shall be governed and interpreted in accordance with the General Terms, which, in matters of interpretation, validity, and enforcement, shall be governed by Spanish law. Any disputes shall be submitted to the Courts of Madrid.

21. Extrajudicial Dispute Resolution

Conflicts or disputes arising outside the European Union shall be subject to resolution by the Spanish Court of Arbitration of the Chamber of Commerce.