TERMS OF USE AND CONTRACTING OF PLEASEPOINT
1. GENERAL INFORMATION
The present terms of use ("Terms of Use") regulate access to and use of the website hosted under the domain name www.pleasepoint.com ("Website") as well as the contents and services that the owner of the Website makes available to its users ("Users").
Furthermore, these Terms of Use establish, along with the Privacy Policy and Cookie Policy, related to the management of personal data of the Users, the terms and conditions under which the Website is governed ("Terms and Conditions").
In compliance with Article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following identification data of the owner of the Website are provided:
PLEASE NETWORKS, S.L. is a commercial company whose registered office is located in Barcelona Avenida Torre blanca 57 CP08172, provided with C.I.F. B-64230832 and registered in the Commercial Registry of Barcelona, in Volume 38693 Folio 170 Sheet Number B-331876 ("Pleasepoint"). The contact email is: hello@pleasepoint.com
2. ACCEPTANCE
Access to the Website or its use by the User necessarily implies, without reservations, the knowledge and acceptance of these Terms and Conditions, therefore, it is recommended that the User read them carefully in case of using the services offered by Pleasepoint.
You actively accept that you have read and understood the Website's Terms and Conditions by accepting them.
The access and use of the Website are prohibited for Users under eighteen (18) years of age. Therefore, by accepting these Terms of Use, the User acknowledges being a person with sufficient capacity to acquire the obligations derived from their actions and that they have read, understand, and accept its content.
3. REGISTRATION CONDITIONS
Users who wish to make use of the Services offered on the Website must register on it through the form created for this purpose, for which they will have to follow the instructions indicated in it and provide the required data (the “Registration Form”)
The User is identified through the data provided in the order form or registration, being responsible for the truthfulness, update, and accuracy of these. The User states being over 18 years old, having legal capacity to enter into contracts, and acting on their own behalf as an individual or on behalf of a legal entity. In the latter case, the User expressly declares to have sufficient power for such representation. The Center may not process order requests or cancel user accounts when the data provided was inaccurate, false, or incomplete.
The Registered User will be solely responsible for selecting a password
with an appropriate level of security. For this purpose, it is recommended to the Registered
User not to choose as a password obvious combinations that
allow easy decryption by a third party. The Registered User will be
responsible for safeguarding and keeping their password secret, not
providing it to any third party. In the case that they suspect their
password has been known by a third party, they must immediately proceed to change it.
For any questions regarding your registration and deregistration as a User, you can contact us through the following email address: hello@pleasepoint.com
4. SERVICES
Online training actions are offered on the Website. The educational materials will be available in digital format through an online platform where the Student can carry out the study.
The user will have a consultation service provided by teachers and technical staff to solve doubts during the period of carrying out the training action.
The individual file of each training action informs about the price, materials, availability of online platform for study, syllabus, as well as other relevant characteristics for the course execution.
Pleasepoint offers the user a limited, non-transferable, and non-exclusive license to access and view the courses and related content for which they have paid all corresponding fees, exclusively for their personal, non-commercial, and educational purposes, and only through the Services, in accordance with these Terms. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works, sublicense, or otherwise transfer any course.
A lifetime access license is usually provided when you enroll in a course. However, Pleasepoint reserves the
right to revoke any license to access and use the courses at any time if it decides or needs to disable access to a
course for legal reasons or policy-related issues.
2. Pleasepoint Service
Pleasepoint offers its Registered Users a platform through which they can hire online client management software,
acquisition, storage, and personalized communication for companies (the "Services").
The Registered User can have a complete overview of their company's activity through the use of functionalities offered by Pleasepoint's client management tool (the "Pleasepoint Tool"). Through the Pleasepoint Tool, the Registered User can:
- Customize the Pleasepoint Tool to suit their business;
- Manage their clients' information in a single application;
- Give access to other users who are part of their work team, as well as organize them into groups. In this case, the Registered User, owner of an active user account, may appoint administrators. Likewise, the account-holding Registered User may allow other users to download or export, the complete data of the clients;
- Capture leads through the creation of landings, plugins, and coupons;
- Import information about their clients and/or leads from other applications,
as well as import any database the Registered User deems necessary;
- Export the information hosted in Pleasepoint to other files
- Send communications via email, sms, push and monitor them;
- Profile, segment, qualify, order, and identify customers; and
A lifetime access license is usually provided when you enroll in a course. However, Pleasepoint reserves the
right to revoke any license to access and use the courses at any time if it decides or needs to disable access to a
course for legal reasons or policy-related issues.
2. Pleasepoint Service
Pleasepoint offers its Registered Users a platform through which they can hire online client management software,
acquisition, storage, and personalized communication for companies (the "Services").
The Registered User can have a complete overview of their company's activity through the use of functionalities offered by Pleasepoint's client management tool (the "Pleasepoint Tool"). Through the Pleasepoint Tool, the Registered User can:
- Customize the Pleasepoint Tool to suit their business;
- Manage their clients' information in a single application;
- Give access to other users who are part of their work team, as well as organize them into groups. In this case, the Registered User, owner of an active user account, may appoint administrators. Likewise, the account-holding Registered User may allow other users to download or export, the complete data of the clients;
- Capture leads through the creation of landings, plugins, and coupons;
- Import information about their clients and/or leads from other applications,
as well as import any database the Registered User deems necessary;
- Export the information hosted in Pleasepoint to other files
- Send communications via email, sms, push and monitor them;
- Profile, segment, qualify, order, and identify customers; and
To formalize the purchase process, the User must check the box "I accept the General Conditions" linking to this text. By checking this box, the User expressly declares having read and understood all the stipulations of the contract, accepting them without reservations. The contract will be formalized at the moment of the reception of the application by the Pleasepoint.
Upon completion of the process, Pleasepoint will send an acknowledgment of receipt by email or other equivalent electronic communication means. A Pleasepoint training technician will contact the User by email, in order to confirm all personal data for registration.
In accordance with Article 102 Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, the User may exercise their RIGHT OF WITHDRAWAL within 14 calendar days from the date of formalization of the registration. The exercise of the right of withdrawal will not be subject to any formality, it being sufficient for the User to communicate their will to the Center within the aforementioned period, being able to use for this purpose the withdrawal form available by clicking here,
Once the right of withdrawal has been exercised by the User, the refund of the amounts paid by them will be processed within a maximum period of 14 calendar days, canceling the registration and the User's access to the tutoring service and the online platform of the training action.
If the User had fully completed the training action on or before the date of their communication to exercise their right of withdrawal, such right will not apply in accordance with art. 103, a) of the Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users.
2. Pleasepoint Services
The User must fill out the form with the data marked as mandatory. The payment method must be selected and the details entered for it according to the chosen method.
The Registered User must add their bank details (card) to their user account once it has been activated, so Pleasepoint will charge a fee equivalent to a monthly or annual subscription of the contracted service every month. The Registered User will be notified of the charges made via email.
Registered Users may cancel their user account at any time through the tool provided for this purpose in the control panel.
The Registered User must bear in mind that once they cancel their user account, they will be responsible for exporting all the information contained in the Pleasepoint Tool, since from the moment the cancellation as a User occurs, all data may be deleted.
Once the Services are canceled, the Registered User will not be able to access their data or any type of information contained in the Pleasepoint Tool.
1. Accounts in arrears
In the event that the Client fails to pay for the services, and therefore cannot access them, Pleasepoint will follow the following process for handling the data that the client has stored in their Pleasepoint account:
- At the moment the account enters the state of "unpaid", the account users can only access the page to put or edit their payment method in Pleasepoint, without access to the rest of their Pleasepoint account.
- On day 15 of the account being in the state of "unpaid", the account moves to the "suspended" state, in which the account users cannot access anything from their account. In the event that the user wants to access the account, they must contact Pleasepoint through the contact form on the home page of Pleasepoint (https://www.pleasepoint.com) or through the
email hello@pleasepoint.com so that the Pleasepoint team can rehabilitate the account for the user to be able to access to put or edit their payment method.
- On day 27 of the account being in the state of "unpaid", the account moves to the "closure" state.
In any case, Pleasepoint will contact via the email provided by the Client, informing about the process and its consequences.
2. Accounts in canceled
status
In the event that the Client cancels their account, Pleasepoint will follow the
following process for handling the data that the client has stored in their
Pleasepoint account:
- At the moment the Client cancels their account, they will continue to have
access to their Pleasepoint account for the remaining unpaid but paid time.
- At the moment the account enters a "canceled" status, meaning that
it has consumed all the already paid period, the account users cannot access
anything from their account. In the event that the user wants to access the
account, they must contact Pleasepoint through the contact form on the home of
Pleasepoint (https://www.pleasepoint.com) or through the email hello@pleasepoint.com so that the
Pleasepoint team can reactivate the account so that the user can access to put
or edit their payment method.
In any case, Pleasepoint will contact through the email provided by the Client,
informing of the process and its consequences.
6. Email Marketing
Service: Anti-spam Policy
Pleasepoint offers its clients a software service so they can send
communications, based on permissions, to their current and potential clients.
Therefore, it is prohibited to send unsolicited mail through our system.
Pleasepoint considers an email message as unsolicited if the recipient has not
given clear and categorical permission to the sender to receive email messages
from that sender. Thus, we prohibit clients from using purchased, shared,
marketed, or added lists. Likewise, sending content from third parties is
prohibited. All our clients are obliged to comply with this policy. In the
event that Pleasepoint discovers that any client is sending unsolicited email
messages, we will cease to provide our services to that client. As a measure to
prevent Spam, it is mandatory to verify the ownership of the domain by the
client. In addition, we have two mechanisms for the user to unsubscribe easily
and quickly, either by receiving the email through a visible link or by marking
the email as Spam (if the ISP returns such information). The platform manages
unsubscriptions automatically.
The User shall hold Pleasepoint harmless from any third-party claims that it
may receive as a result of the breach of the provisions set forth in this
section.
Current legal regime
Commercial communications and promotional offers will be governed, in addition
to Law 34/2002 or LSSI, by its own regulations and those in force in commercial
and advertising matters.
Likewise, Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural
persons with regard to the processing of personal data and on the free movement
of such data, and repealing Directive 95/46/EC (“GDPR”), will apply in terms of
the collection of personal data, the information to the data subjects and the creation and
maintenance of personal data files.
Next, the different articles of Law 34/2002 or LSSI will be analyzed:
Conditions on the communication to be sent:
According to article 20 of Law 34/2002 or LSSI, the communications to be sent
must include certain information and meet the requirements set out below:
Commercial communications made by electronic means must be clearly identifiable as such and must indicate the natural or
legal person on whose behalf they are made.
In the case of promotional offers, such as those including discounts,
prizes, and gifts, and contests or promotional games, with the corresponding authorization, it must be ensured, in addition to compliance with
the requirements set out in the previous section and in the trade regulation laws, that they are clearly identified as such and that
the conditions for access and, where applicable, participation are easily
accessible and are expressed in a clear and unequivocal manner.
When it is prohibited to send communications via email.
According to article 21 of Law 34/2002 or LSSI, the sending of
advertising or promotional communications by email or another
equivalent electronic communication medium that have not been previously
requested or expressly authorized by the recipients of them is prohibited.
In the event that the recipients have had commercial relations with the
sender, the sending of communications via email is authorized, provided that these refer to products or services offered by
the sender and are similar to those that were initially contracted.
Therefore, you may send communications via email to your customers, both current and those who have had commercial relations with you in the past, as long as you respect the
conditions on the pieces or communications to be sent and the rights of the
recipients.
Rights of the recipients.
According to article 22 of Law 34/2002 or LSSI, the rights of the recipients
of commercial communications via email are as follows:
If the recipient of services had to provide their email address during the contracting process or subscription to a
service and the provider intended to use it later for the sending of
commercial communications, they must inform their client of this
intention and request their consent for the reception of such
communications, before completing the contracting procedure.
The recipient may revoke at any time the consent given to
the reception of commercial communications with the simple notification of their
will to the sender.
For this purpose, service providers must enable simple and free procedures for the recipients of services to revoke the
consent they had given.
Likewise, they must provide information accessible by electronic means about
such procedures.
5. PLEASEPOINT TOOL USE LICENSE
Through these Terms of Use, we grant the User a non-exclusive, non-transferable license for a worldwide geographical scope and for the duration period in which the Registered User does not unsubscribe from Pleasepoint, to install and use the Pleasepoint Tool on a device of their ownership. In no case may the User rent, lease, lend, sell, distribute, or sublicense the Pleasepoint Tool to third parties.
Unless expressly indicated otherwise, any use of the Pleasepoint Tool for a purpose different from the one stated above will require prior authorization from Pleasepoint. In particular, but without limitation, the Registered User will require authorization for: (i) Reproducing or transforming the Pleasepoint Tool for the purpose of correcting errors; and (ii) making successive versions of the Pleasepoint Tool or programs derived from it.
The User is not authorized to decompile, disassemble, reverse engineer, decrypt, or in any other way modify the Pleasepoint Tool and/or its source code. However, the User will be allowed to observe, study, verify its operation, without prior authorization from the Pleasepoint Tool, when such acts are necessary for the use of the Pleasepoint Tool. The use of the Pleasepoint Tool does not require the making of any backup copy, so the User shall refrain from making the same.
6. RETURN POLICY
Once you cancel the account, you will not be charged anything further. You will have access to the system until the end of your billing cycle date. That is, if your billing period (usage cycle) is on the 18th of each month and you cancel on the 24th, you will have to pay for that month, i.e., from the 19th to the 18th of the following month, but you will always be able to use the system until the 18th of the next month.
7. PRIVACY AND CUSTOMER DATA
In accordance with the regulations applicable in terms of data protection, all personal data provided by Users through the corresponding forms during the use of the Website will be treated by the Company as stipulated in the Website's Privacy Policy.
Pleasepoint will ensure that personal data is collected,
stored, and processed by Users only to the extent necessary for the execution of the contract and as permitted by law or as
ordered by the legislator. Pleasepoint will treat personal data confidentially and in accordance with applicable data protection regulations and will not disclose it to third parties, unless this is necessary for the fulfillment of
contractual obligations and/or there is a legal obligation to transmit it
to third parties.
In order to ensure the auditable processing of data, the
creation, modification, and deletion of data are recorded with information on the user's name and the date of processing.
The use of the Service requires that Pleasepoint process personal data on behalf
of the User. For this, the formalization of a personal data processing agreement is required, which is included in
our Privacy Policy. The parties agree
that the User who has contracted the Services is the Data Controller
for any information uploaded to the
Pleasepoint customer management tool and that they can modify or
delete this information as necessary. Pleasepoint is at all times the
Data Processor and processes the data on behalf of the Data Controller, that is, the User.
The User confirms that they are authorized to order Pleasepoint to process
such information and that all given instructions will be lawful.
You can consult our Website Privacy Policy.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY 9. TECHNOLOGICAL LIMITATIONS 10. PROHIBITED USES 11. LIABILITY 12. DISCLAIMER OF
LIABILITY 15. COOKIE POLICY 16. MODIFICATIONS 17. APPLICABLE LEGISLATION
AND JURISDICTION
All information contained in the Pleasepoint Tool and on the Website,
including its graphic design and source code, are protected by copyright and other rights contained in the Royal Legislative Decree 1/1996, of
April 12, which approves the Consolidated Text of the Intellectual Property Law,
and other regulations governing Intellectual Property.
These rights belong exclusively to Pleasepoint or its licensors,
therefore, any act of reproduction,
distribution, transformation, or public communication, as well as any type of
transfer, in whole or in part, of the content of the Pleasepoint Tool and the
Website and in general any act of exploitation of the whole or part of
the contents (images, texts, designs, indexes, forms, etc.) as well as of
the databases and software necessary for displaying or operating them and of any object that according to current legislation can be protected by intellectual property norms, is expressly prohibited.
Users may in no case commercially exploit or use, directly or indirectly, totally or partially, any of the contents, except for the photographic content provided by them, that make up
the Website and the Pleasepoint Tool without the prior written authorization of its holder.
The content provided by Users will continue to belong to them.
Authorization for the use of any content on the Website can
be requested at the email address hello@pleasepoint.com. The provisions in
the preceding paragraphs will not in any case assume responsibility on the part of Pleasepoint for the content, nor can it generate
a right to compensation for Users or third parties.
The trademarks, trade names, shop signs, denominations, logos, slogans, or any type of distinctive sign shown on the Website and belonging to Pleasepoint, and very
specifically, the name "Pleasepoint" cannot be used without the prior written authorization of Pleasepoint.
Pleasepoint expressly reserves the right to civil and criminal actions,
under Spanish and foreign legislation that may correspond as a result of the violation of the peaceful possession and/or unauthorized ownership of industrial and intellectual property rights.
We inform the User that, as a result of maintenance work, temporary interruptions may occur on the Website and in the Pleasepoint Tool.
We also inform the User that, in addition to the aforementioned, there is a wide variety of factors that can affect the Pleasepoint Tool and Website and/or their quality, such as, but not limited to: environmental conditions, network saturation, connectivity, third-party software, etc.
Through the following email address, you can contact us to report errors you detect, as well as comments and suggestions: hello@pleasepoint.com
The User may only use the Website and the Pleasepoint Tool for professional purposes and within the scope established in these Terms of Use.
The User shall refrain from using the Website to conduct any illicit activity. In particular, but without limitation, the User shall refrain from using the Website and the Pleasepoint Tool to:
- Harass or disturb third parties and/or violate their privacy and intimacy;
- Impersonate other Users or third parties;
- Include information, comments, images, or content that may be considered defamatory, racist, sexist, discriminatory, pornographic, violent, or in any way contrary to public order or clearly unlawful;
- Undermine the reputation, image, and honor of other Users or third parties; and
- Transmit unsolicited or unauthorized advertising,
- Engage in fraudulent acts.
- Not introduce or spread in the network data programs (viruses and harmful software) capable of causing damage to the computer systems of the access provider, third party users, or others.
The User commits to sending Email Marketing campaigns to quality databases that are "opt-in". This means that all the people included in the lists have agreed to receive emails with communications, newsletters, and/or promotions from the company. Likewise, Pleasepoint reserves the right to block the account or delete the user profile when it identifies bad practices in the sending of mass email campaigns, in particular, but without limitation:
The User will not carry out any activity that may cause damage or harm to any third party as well as to Pleasepoint and its operation and/or development.
In the event that a User becomes aware that a third party is carrying out
any of the aforementioned behaviors, we ask you to notify us through the following email address hello@pleasepoint.com, in order for us
to take appropriate measures.
However, in the case of any behavior that goes against morality
and public order, Pleasepoint will proceed to block or delete the User profile,
without prejudice to any legal actions that could correspond
against those responsible for them.
Except in the case of willful misconduct or gross negligence by Pleasepoint, we shall not be
liable to the User for damages arising from an incorrect use of the Website as well as the Services, or
not following the recommendations or instructions provided by Pleasepoint.
Pleasepoint disclaims all liability related to:
- For direct or indirect damages that could be caused by the
information transmitted or communicated on the Pleasepoint Tool or in its
electronic communications including without limitation technical or human errors
in the data published.
The User shall be liable for damages of any nature due to
unlawful or fraudulent acts as well as those damages that Pleasepoint
or its Users could suffer as a direct or indirect consequence of the
User's breach of these Terms of Use, reserving Pleasepoint the right to take actions to which it might
be entitled before the relevant authorities or courts.
Cookies are small data files that are hosted on the terminal of the
Website visitor and contain certain information about the visit
to it. The Website uses cookies in order to facilitate navigation
of the User and in no case is it possible to associate such cookies with the
specific personal data of the User or to identify the User through
them.
Notwithstanding the foregoing, the User has the possibility, existing in the
majority of web browsers, to deactivate cookies. We therefore inform the
User that, provided their consent for such purpose, we use our own and third-party cookies to improve their experience and our services,
by analyzing their navigation through the Website. You can get more
information in our Cookie Policy.
For more information, please review our Cookie Policy on our
website
We will notify the User of the changes to the Website's Terms of Use
before they occur. If the User does not agree with the changes, they must stop using the Website and the services offered through it.
The use of the Website after the notification of the changes will imply the
acceptance of these by the User.
The Terms of Use of the Website are subject to Spanish law. For the resolution
of any dispute that may arise from access to the Website, the User and
[company name] agree to submit expressly to the courts and tribunals of the
city of [city], waiving any other general or special jurisdiction that may
correspond to them.