Terms & conditions

1. Object

The Provider offers the Client, through a multitenant architecture in Software-as-a-Service (SaaS) mode, a professional platform for the comprehensive management of succession procedures, partitioning of the inheritance and verifiable allocation of movable assets —both in judicial and extrajudicial settings—, including modules for partition notebooks, cryptographically verifiable draws, eIDAS electronic signature, document management, integration with LexNET, tax calculators, ISD Calculator module, applicable regulations, agenda, tasks, and executive reports.

These Terms do not constitute a binding offer for contracting, but rather the conditional framework applicable to the provision of the Service once the Client has formalised the subscription by expressly accepting them and, where applicable, by signing the corresponding framework contract or service order.

2. Definitions

For the purposes of these Terms, the following terms shall have the meanings indicated below:

• Client: natural or legal person who contracts the Service with the Provider and, in particular, law firms, partition accountants, judicial administrators, courts, and professionals in the legal and notarial sector.
• User: natural person who accesses the platform under the credentials provided by the Client, in their capacity as Owner, Admin, Manager or Reader.
• Client Data: any information, personal data, document, file or content entered by the Client or their Users in the platform.
• Platform: the entirety of the software, infrastructure, interfaces, APIs, documentation, materials and services that make up Lex Partis.
• Subscription Plan: the economic and functional modality contracted by the Client, in accordance with the current offer at www.lexpartis.com/precios.
• Tenant: isolated logical instance of the platform assigned to a Client, ensuring strict separation of their Data from that of other Clients.

3. Access and registration

Access to the Service requires the creation of an organisation by the Client and the designation of at least one User with Owner role, who will assume responsibility for account administration and other Users. The Client guarantees the truthfulness, accuracy and validity of the data provided during the registration process and undertakes to keep it updated.

The Client is solely responsible for the custody of their Users' access credentials, as well as for any actions taken under such credentials, and must notify the Provider without undue delay of any unauthorised access or suspicion thereof. The Provider recommends activating multifactor authentication when available, as well as applying reasonable password management policies.

4. Permitted use

The Client and its Users undertake to use the platform diligently, lawfully, and in accordance with its purpose. In particular, the following is expressly prohibited:

• Using the platform for unlawful, fraudulent purposes, contrary to morals or public order.
• Entering personal data without having the appropriate legal basis in accordance with the GDPR.
• Performing reverse engineering, decompiling, disassembling, modifying, adapting, translating, or creating derivative works from the software, except in cases expressly permitted by applicable mandatory legislation.
• Accessing or attempting to access Tenants other than one's own, or the data of other Clients or Users.
• Circumventing or attempting to circumvent technical security measures, access controls, or usage limits of the contracted Plan.
• Using the platform to send unsolicited email (spam), conduct denial of service attacks, or any other harmful activity towards third parties or the platform itself.
• Reproducing, copying, distributing, marketing, or exploiting in any other way the platform or the components of the Service without the express written permission of the Provider.

5. Subscription Plans and Modifications

The Service is provided under different Subscription Plans, the functionalities, quantitative limits (number of files, users, storage), and prices of which are detailed at www.lexpartis.com/precios. The Provider may modify the offer of Plans, their functionalities, and their prices, notifying the Client of such modifications with reasonable prior notice. Modifications affecting the prices or essential functionalities of the contracted Plan will take effect in the next billing period, unless the Client expresses its opposition and terminates the contract.

6. Price and payment

The price of the Service will be determined in accordance with the contracted Subscription Plan, either through periodic billing (monthly or annually) or through individually agreed conditions. The prices indicated are understood, unless expressly stated otherwise, exclusive of Value Added Tax (VAT) or other analogous taxes, which will be charged to the Client in accordance with applicable regulations.

Failure to pay any invoice will entitle the Provider, once the applicable cure period has elapsed and the breach has been notified to the Client, to suspend access to the Service without prejudice to the right to claim the payment of the amounts owed, as well as the late payment interest provided for in Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions.

7. Trial Period and Demo Environments

The Provider may offer the Client a free trial period or access to a demo environment (sandbox) with limited functionalities, strictly evaluative purpose, and determined duration. The data entered in demo or trial environments will not have productive character and may be deleted, restored, or reset at any time, without generating any liability for the Provider.

8. Refund Policy

The Service is contracted under the usual B2B SaaS regime, according to which amounts paid for already commenced periods (monthly or annually) are non-refundable. Cancellation by the Client will take effect at the end of the current billing period, maintaining access to the Service until that date and without generating any right to a total or partial refund of the amounts already paid.

The fourteen (14) day free trial period described in the previous clause acts as a reasonable safeguard for the Client to evaluate the Service before committing financially. Any request for a refund outside of legally imperative cases will be assessed by the Provider on a case-by-case basis, without their express agreement constituting an admission of any general obligation.

9. Right of Withdrawal

The Service is primarily offered to professionals and businesses acting within the framework of their economic, commercial, trade or professional activities, in which case the right of withdrawal provided for in Articles 102 and following of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users, is not applicable.

When the Client holds the status of consumer or user as defined in Article 3 of the aforementioned Royal Legislative Decree 1/2007, they will have a period of fourteen (14) calendar days from the conclusion of the contract to withdraw from it without the need for justification. However, in accordance with Article 103, letter m), of the aforementioned legal text, the right of withdrawal shall not apply to the supply of digital content or digital services — a characteristic that the Service possesses — when the execution has begun with the prior and express consent of the consumer and with their knowledge that, once the contract has been fully executed, they will lose the right of withdrawal. By activating the trial period or, where applicable, contracting the Service without a trial period, the consumer Client expresses their explicit consent for immediate execution to commence and acknowledges having been informed of the loss of the right of withdrawal.

10. Data protection

The processing of personal data within the framework of the Service is governed by the Privacy Policy and, when the Provider acts as Data Processor on behalf of the Client, by the corresponding Data Processing Agreement (DPA) which is incorporated as an annex to these Terms.

The Client, in its capacity as Data Controller regarding the data it enters into the platform, guarantees that it has the appropriate legal basis for such processing, has informed the data subjects in accordance with Articles 13 and 14 of the GDPR and, where applicable, has obtained their consent. The Provider shall not be liable for processing carried out by the Client without the appropriate legal coverage.

11. Intellectual and Industrial Property

All intellectual and industrial property rights over the Lex Partis platform, its components, source code, designs, trademarks, trade names, logos, and other distinctive signs belong exclusively to the Provider or, where applicable, to its licensors. The contracting of the Service grants the Client, during the term of the subscription, a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the platform for its internal purposes, in accordance with the object of the Service and the contracted Plan.

Client Data will remain the property of the Client. The Client grants the Provider, during the term of the contract and solely to the extent strictly necessary for the provision of the Service, a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, display, and process the Client Data for the purpose of operating the platform.

12. Confidentiality

The parties undertake to maintain absolute confidentiality regarding all information accessed in the context of the provision of the Service that is not in the public domain (hereinafter, the "Confidential Information"), and may not disclose, assign or use it for purposes other than the fulfilment of the contract. The confidentiality obligation shall remain in force for a period of five (5) years from the termination of the contract, without prejudice to the indefinite subsistence of applicable legal secrecy obligations (in particular, professional secrecy of the lawyer and notary secrecy).

13. Service levels and availability

The Provider shall make its best efforts to ensure a monthly availability of the platform of 99.5%, calculated on the total time of the corresponding calendar month and excluding scheduled maintenance windows and cases of force majeure. Scheduled maintenance windows will be communicated to the Client with a minimum notice of forty-eight (48) hours and will be aimed to be carried out during times of minimal impact.

The Provider adopts reasonable data backup and preservation measures. However, it recommends that the Client periodically export its critical data using the functionalities enabled on the platform.

14. Warranties and exemptions

The Provider guarantees that the platform substantially conforms to the functionalities described in the official documentation in force at any given time. Notwithstanding the foregoing, the Service is provided "as is" and "subject to availability", without additional express or implied warranties, except those that are mandatory under applicable law. In particular, the Provider does not guarantee that the Service meets the specific needs of the Client, that it is compatible with all of the Client's environments, or that it is free from minor errors that do not significantly affect its operation.

The artificial intelligence functionalities integrated into the platform — in particular, the conversational assistant SofIA — constitute support tools whose responses do not replace the professional judgment of the Client or its Users. The Client acknowledges that the information generated by SofIA may be inaccurate, incomplete or contain errors and undertakes to verify it before making any decisions based on it.

15. Liability

Without prejudice to mandatory rules regarding consumer and user protection, the total cumulative liability of the Provider to the Client arising from or related to the Service, regardless of the basis of the action (contractual, non-contractual or otherwise), shall not exceed the amount actually paid by the Client to the Provider for the Service during the twelve (12) months immediately preceding the event giving rise to the liability.

To the maximum extent permitted by applicable law, the Provider shall not be liable for the following: (i) loss of profits; (ii) loss of business opportunities; (iii) loss of goodwill; (iv) indirect or consequential damages; (v) loss or damage to data attributable to the Client or third parties; (vi) damages arising from the use of the Service for purposes other than those intended; or (vii) damages arising from the actions or omissions of the Client's Users.

The above limitations shall not apply in cases of fraud, gross negligence of the Provider or where prohibited by mandatory applicable law.

16. Force majeure

Neither party shall be liable for the non-fulfilment or defective fulfilment of its obligations when this is due to causes of force majeure or fortuitous events as defined in Article 1,105 of the Civil Code, including, but not limited to: natural disasters, pandemics, armed conflicts, terrorist attacks, general strikes, governmental or judicial decisions, widespread failures of telecommunications networks or critical infrastructure providers.

17. Term and termination

The subscription to the Service shall have the duration provided for in the contracted Plan, automatically extending for successive periods of equal duration unless expressly terminated in writing by either party with a minimum notice of thirty (30) calendar days prior to the end of the current period.

18. Termination of the contract

Either party may terminate the contract, without prejudice to compensation for damages that may arise, by written notification to the other party, in the following cases: (i) serious and repeated breach by the other party of any essential obligations arising from the contract not remedied within thirty (30) calendar days from its demand; (ii) declaration of insolvency, suspension of payments, liquidation, dissolution or cessation of activity of the other party; (iii) assignment by the other party of its contractual position to a third party without the express written consent.

Upon termination of the contract, whatever the cause, the Provider shall make available to the Client, for a maximum period of thirty (30) calendar days, the functionalities necessary for the export of the Client's Data. After this period, the Provider shall proceed to the secure deletion or, where appropriate, anonymisation of the Client's Data, without prejudice to compliance with applicable legal retention obligations that apply to the Provider.

19. Subcontracting

The Provider may subcontract third parties for the provision of parts of the Service (in particular, cloud infrastructure, storage, email, electronic signature platforms, artificial intelligence services). In such cases, the Provider shall select suppliers that offer sufficient guarantees regarding security and data protection, and shall enter into legally required contractual agreements with them, maintaining in all cases its liability to the Client.

20. Modification of the Terms

The Provider may modify these Terms to reflect legal, jurisprudential, operational or market changes. Substantial modifications will be communicated to the Client with a minimum notice of thirty (30) calendar days via notice on the platform or by email. Modifications will be deemed accepted if the Client continues to use the Service after the expiration of this period. In case of opposition, the Client may terminate the contract without penalty before the modifications come into effect.

21. Notifications and communications

Unless expressly agreed otherwise, communications between the parties shall be made by email to the addresses designated in the Client's account and to the address support@lexpartis.com regarding the Provider. Communications shall be deemed received within forty-eight (48) hours from their dispatch, unless proven otherwise.

22. Governing law and jurisdiction

These Terms shall be governed by and interpreted in accordance with Derecho español, with express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any private international law rules that may apply.

For the resolution of any dispute arising from these Terms or relating to their interpretation, compliance, execution or termination, the parties, expressly waiving any other jurisdiction that may apply, submit expressly to the exclusive jurisdiction and competence of Tribunales competentes de Barcelona, España.

The previous express submission shall not apply when the Client is a consumer or user as defined in Article 3 of Royal Legislative Decree 1/2007, of 16 November, in which case the mandatory rules regarding territorial jurisdiction shall apply.