TERMS AND CONDITIONS OF USE - BOATCONNECT SERVICE

Last updated: January 28, 2026

1. PARTIES AND PURPOSE OF THE AGREEMENT

1.1. Service provider identification

Legal name: Efforwai Digital Transformation S.L.
Trading name: BoatConnect
Tax ID (CIF): B67549659
Registered office: Carrer de la Llotja s/n, 08500 Vic (Barcelona), Spain
Email: info@thenauticalstudio.com
Phone: +34 93 702 72 86
Companies Registry: [TO COMPLETE: Barcelona, Volume XXX, Folio XXX, Sheet XXX]
Website: https://boatconnect.com

1.2. Purpose

These Terms and Conditions (the “Terms”) govern the subscription to and use of the BoatConnect software as a service (the “Service”), a specialized CRM platform for the nautical sector.

1.3. Acceptance

By registering for, accessing, or using the Service, the user (the “Customer” or “User”) declares having read, understood, and accepted these Terms in their entirety, undertaking to comply with them.

If you do not accept these Terms, you must not use the Service.

2. DEFINITIONS

Service or BoatConnect: Software as a Service (SaaS) platform accessible via web and mobile devices, providing CRM management tools for the nautical sector.

Customer: Natural or legal person who subscribes to the Service.

Account: User profile associated with an organization created to access the Service.

Customer Data: All information entered, generated, or stored by the Customer when using the Service.

Subscription Plan: Subscription type that determines features, permitted users, and price (Sales Agent, Sales Manager, Administrator).

Administrator User: User with full permissions over configuration, user management, and organization billing.

3. SERVICE DESCRIPTION

BoatConnect is a specialized CRM platform for boat builders and distributors that enables:

Management of commercial contacts and sales opportunities
Configuration of boat models with options and pricing
Generation of professional commercial proposals in PDF format
Management of multiple brands with data segregation
Sales pipeline control and analytical reports
Access from computers and mobile devices

The Service is provided as Software as a Service (SaaS), accessible via Internet connection, without local installation required.

4. REGISTRATION AND USER ACCOUNT

4.1. Requirements

To use the Service, Customers must:

a) Be at least 18 years old or legally represent an entity with capacity to contract.

b) Provide truthful, complete, and updated information during registration (name, corporate email, company, billing details).

c) Create secure access credentials.

d) Accept these Terms, the Privacy Policy, and the Cookie Policy.

4.2. Account responsibility

Customers are responsible for:

Maintaining the confidentiality of their access credentials
All activities performed under their account
Immediately notifying any unauthorized use to info@thenauticalstudio.com

Efforwai shall not be liable for losses arising from unauthorized use of the account when the Customer has not complied with their security obligations.

4.3. Organization accounts

Customers may create an organization and add multiple users according to their plan. Each organization is completely segregated. The Administrator user has full control over the account.

5. SUBSCRIPTION PLANS AND PRICING

5.1. Available plans

Plan	Price	Features
Sales Agent	€35/user/month	Client management, opportunities, proposals, and tasks
Sales Manager	€59/user/month	All the above + brand and model management and configurator
Administrator	€89/user/month	All the above + complete dashboard, analytics, and system configuration

Note: Every organization requires at least 1 Administrator user.

5.2. Payment methods

Monthly payment: Recurring monthly billing at the indicated prices.

Annual payment: 10% discount on the monthly price for prepaid annual subscriptions.

Annual pricing examples:

Sales Agent: €35/month → €31.50/month × 12 = €378/year (saving €42)
Sales Manager: €59/month → €53.10/month × 12 = €637.20/year (saving €70.80)
Administrator: €89/month → €80.10/month × 12 = €961.20/year (saving €106.80)

5.3. Taxes

Prices do not include VAT (21% in Spain) or other applicable taxes according to Customer jurisdiction. For intra-Community Customers with valid VAT ID, reverse charge mechanism will apply.

5.4. Free trial period

We offer a 14-day free trial without credit card required. At the end:

If not subscribed: account is automatically deactivated
Data retained: 30 days for export
After 30 days: permanent deletion

5.5. Billing and renewal

Automatic renewal: Subscription automatically renews each period (monthly or annual) unless cancelled in advance.

Automatic charges: Customer authorizes automatic charging to the provided payment method.

Billing cycle: Monthly or annual according to subscription date.

5.6. Subscription changes

Upgrade: Applied immediately with prorated charge.

Downgrade: Applied at the beginning of the next billing period.

Add/remove users: Prorated charges or credits on next invoice.

5.7. Non-payment

If charging fails:

Email notification
15-day grace period to regularize
After 15 days: service suspension
After additional 30 days: cancellation and data deletion

5.8. Refund policy

No refunds are provided for amounts already billed, except:

Proven billing errors
Exceptional cases at Efforwai’s discretion
Consumer inalienable rights under applicable law

5.9. Price modifications

Efforwai may modify prices with 30 days’ prior notice. New prices apply at the next renewal. Customers may cancel if they do not accept the increase.

6. DURATION AND CANCELLATION

6.1. Duration

Monthly subscription: 1 month, automatically renewable.
Annual subscription: 1 year, automatically renewable.

6.2. Cancellation by Customer

Customers may cancel at any time from their administration panel or by contacting support.

Effects:

Cancellation effective at end of paid period
Access maintained until end of period
No refund for current period
Data retained 30 days for export
Permanent deletion after 30 days

6.3. Cancellation by Efforwai

Efforwai may suspend or cancel accounts with immediate effect in cases of:

a) Non-payment after 15 days without regularization

b) Serious breach: illegal use, violation of third-party rights, reverse engineering, unauthorized resale

c) Fraudulent use or resource abuse

d) Customer insolvency

No refund in cancellations due to Customer breach.

7. ACCEPTABLE USE

7.1. License granted

Efforwai grants a limited, non-exclusive, non-transferable, and revocable license to access and use the Service during subscription validity, for the contracted number of users.

7.2. Prohibited use

The following is expressly prohibited:

Security:

Attempting to access unauthorized areas
Conducting denial of service attacks
Introducing viruses or malicious code
Reverse engineering the software

Legal:

Using the Service for illegal activities
Storing illegal, offensive, or defamatory content
Infringing intellectual property rights
Processing personal data without legal basis (GDPR)

Commercial:

Reselling, renting, or lending the Service without authorization
Developing competing products using the Service
Creating multiple accounts to evade limits

Data:

Processing special categories of data (health, racial origin, etc.) without complying with additional GDPR requirements
Storing minor data without parental consent

7.3. Consequences

Breach may result in warning, temporary suspension, permanent cancellation without refund, legal action, or reporting to authorities.

8. DATA AND OWNERSHIP

8.1. Customer Data ownership

Customers retain all rights to data they enter into the Service. Efforwai claims no ownership rights over such data.

8.2. License to provider

Customers grant Efforwai a limited license to host, process, and display their data exclusively to provide the Service.

8.3. Export and deletion

Customers may export their data at any time in standard formats (CSV, Excel, PDF).

After cancellation:

Data retained 30 days
Permanent deletion after 30 days

9.1. Roles

Customer registration data:
Efforwai acts as Data Controller.

Data entered by Customer (commercial contacts):
Customer = Data Controller
Efforwai = Data Processor

9.2. Customer obligations as Controller

Customers must:

Have valid legal bases (GDPR Art. 6) to process contact data
Inform data subjects about processing
Obtain consents when necessary
Handle data subject rights requests
Not enter special categories of data without complying with additional requirements

9.3. Efforwai as Processor

Efforwai will process Customer data only according to their instructions, ensure confidentiality, implement appropriate security measures, and delete data upon service termination.

9.4. Sub-processors

Main sub-processors list:

Hosting provider: [TO COMPLETE]
Payment provider: [TO COMPLETE]
Transactional email: [TO COMPLETE]

Complete list available upon request at info@thenauticalstudio.com.

9.5. International transfers

Data is stored on servers located in [TO COMPLETE: European Union / Frankfurt, Germany].

If transfers outside the EEA exist, they are safeguarded through Standard Contractual Clauses (SCCs) approved by the European Commission and supplementary measures.

10. SECURITY AND AVAILABILITY

10.1. Security measures

Technical:

SSL/TLS encryption for data in transit
Database encryption at rest
Passwords hashed with secure algorithms
Two-factor authentication (2FA) available
Role-based access control
Encrypted daily automatic backups

Organizational:

Access only by authorized personnel
Confidentiality agreements
Data protection training
Incident response procedures

10.2. Availability

Availability target: 99.5% monthly.

Exclusions: Scheduled maintenance (notified 24h in advance), force majeure, Customer connectivity issues, external DDoS attacks, third-party failures.

Maintenance: Scheduled at low-impact hours with prior notice. Emergency security maintenance may be performed without notice.

10.3. Backups

Frequency: Daily
Retention: [TO COMPLETE: 30 days]
Location: Secure servers in [TO COMPLETE: EU]
Encrypted: Yes

In case of data loss due to Efforwai failure, reasonable efforts will be made to recover from the last available backup.

10.4. Security breaches

Notification to Spanish Data Protection Agency within 72 hours. Notification to Customer without undue delay. Notification to data subjects if high risk to their rights exists.

11. INTELLECTUAL PROPERTY

11.1. Efforwai’s rights

All intellectual and industrial property rights over the Service (source code, design, databases, documentation, trademarks) belong to Efforwai.

11.2. Limitations

Customers may not copy, modify, reverse engineer, decompile, or remove copyright notices from the software.

11.3. Feedback

If Customers provide suggestions about the Service, Efforwai may use them freely without compensation obligation.

12. TECHNICAL SUPPORT

12.1. Included support

Channels:

Email: soporte@boatconnect.com
Live chat (business hours)
Phone: +34 93 702 72 86

Hours: Monday to Friday, 9:00-18:00 CET (except holidays).

Target response times:

General inquiries: <24 business hours
Critical incidents: <4 business hours
Chat/phone: Immediate during business hours

12.2. Support not included

Does not include process consulting, extensive training, custom development, bulk data import, or proprietary system integrations. These services may be contracted separately.

12.3. Onboarding

Included in all plans: welcome session, feature guide, online documentation, video tutorials, and free webinars.

13. WARRANTIES AND LIMITATION OF LIABILITY

13.1. Warranties

Efforwai warrants that the Service will function substantially as described in official documentation and will make reasonable efforts to maintain availability and correct material errors.

13.2. Disclaimer of implied warranties

The Service is provided “as is,” without implied warranties. Efforwai does not warrant it will be uninterrupted, error-free, or completely secure.

13.3. Limitation of liability

Quantitative limit: Efforwai’s total liability shall not exceed the total amount paid by Customer in the 12 months preceding the damage-causing event.

Exclusion of indirect damages: Efforwai shall not be liable for loss of profits, data loss, reputational damage, substitute service costs, or third-party claims based on Customer content.

13.4. Exceptions

Limitations do not apply in cases of willful misconduct, gross negligence, personal injury, or fraud.

13.5. Force majeure

Efforwai shall not be liable for breaches caused by circumstances beyond reasonable control (natural disasters, wars, pandemics, critical infrastructure failures, massive cyberattacks, legislative changes).

13.6. Customer indemnification

Customer agrees to indemnify Efforwai for any claims arising from: Service use breaching these Terms, infringement of third-party rights, data violating law, or data protection regulation breach.

14. CONFIDENTIALITY

Both parties agree to keep non-public information of the other party confidential, not disclose it to third parties without consent, and use confidential information only for contract purposes.

Exceptions: Public domain information, information that must be revealed by legal requirement, or independently developed information.

Duration: During contract validity and 3 additional years after termination.

15. MODIFICATIONS

15.1. To the Service

Efforwai may add features, modify existing ones, or discontinue features with 30 days’ notice.

15.2. To these Terms

Efforwai may modify these Terms with 30 days’ email notice. Continued use after effective date implies acceptance. If Customer does not accept, they may cancel without penalty.

16. GENERAL PROVISIONS

16.1. Entire agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the parties.

16.2. Assignment

Customers may not assign their rights without Efforwai consent. Efforwai may assign in case of merger, acquisition, or asset sale, notifying Customer.

16.3. Severability

If any provision is deemed invalid, the others remain in force.

16.4. Notices

To Customer: Email provided in account (received 24h after sending).

To Efforwai: info@thenauticalstudio.com or postal mail to Carrer de la Llotja s/n, 08500 Vic (Barcelona).

For important legal notices, certified mail is recommended.

16.5. Survival

The following clauses survive termination: Intellectual property, Limitation of liability, Confidentiality, General provisions, and Applicable law.

17. APPLICABLE LAW AND JURISDICTION

17.1. Applicable law

These Terms are governed by Spanish law.

17.2. Jurisdiction

For business Customers (B2B):

Parties submit to the Courts and Tribunals of Barcelona, Spain, expressly waiving any other jurisdiction.

For consumer Customers:

Consumer protection regulations (Spanish Royal Legislative Decree 1/2007) will be respected and jurisdiction will be that corresponding under such regulations.

17.3. Alternative resolution

Before legal actions, parties will attempt to resolve disputes through negotiation for 30 days.

European consumers may use the ODR platform: https://ec.europa.eu/consumers/odr/

18. CONTACT

Efforwai Digital Transformation S.L. (BoatConnect)

Email: info@thenauticalstudio.com
Phone: +34 93 702 72 86
Address: Carrer de la Llotja s/n, 08500 Vic (Barcelona), Spain
Hours: Monday to Friday, 9:00-18:00 CET

Technical support: soporte@boatconnect.com
Data Protection Officer: info@thenauticalstudio.com

ACCEPTANCE STATEMENT

By checking “I accept the Terms and Conditions” during registration, Customer declares having read, understood, and accepted these Terms without reservations, having legal capacity to contract, and accepting to be legally bound.

Prepared in compliance with current Spanish and European legislation: Civil Code, Commercial Code, Law 34/2002 (LSSI-CE), Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018 (LOPDGDD), and Royal Legislative Decree 1/2007 (consumer protection).

Version: 1.0
Last updated: January 28, 2026