Terms and Conditions
1. Service provider identification (LSSI-CE art. 10)
Owner: Jonathan Bassedas Carrillo
Tax ID (NIF): 40565236K
Address: Camí Age 9, 1.3 — 17520 Puigcerdà (Girona), Spain
Email: info@eluneconnections.com
Website: eluneconnections.com
2. Purpose
Elune Connections is a SaaS platform that enables businesses and professionals (hereinafter, the "Client") to create digital cards for Apple Wallet and Google Wallet, manage a contact database, and send push notifications to their end customers.
Accessing the service implies full acceptance of these Terms. If you do not agree, do not use the service.
3. Registration and account
To use Elune Connections, you must create an account providing truthful, complete, and up-to-date information. The Client is responsible for maintaining the confidentiality of their credentials and for all activity conducted through their account.
Elune Connections reserves the right to suspend or cancel accounts that violate these Terms, without prejudice to any liability the Client may have incurred.
4. Plans and pricing
The prices for each plan are published at eluneconnections.com/#precios and are expressed in euros (VAT not included, unless expressly stated). Elune Connections may modify prices with at least 30 days' prior notice by email. Continued use of the service after the effective date implies acceptance of the new prices.
5. Payment and billing
Payment is processed through Stripe. By providing a payment method, you authorize recurring charges according to the contracted plan. In case of non-payment, access to the service may be suspended until the situation is regularized.
Invoices are available in the administration panel. The Client is responsible for providing correct billing information.
6. Cancellation and plan changes
- Cancellation: the Client may cancel their subscription at any time from the panel. Access to the service is maintained until the end of the billed period.
- Downgrade: the change to a lower plan will take effect at the beginning of the next billing period.
- Upgrade: the change to a higher plan takes effect immediately with a prorated charge for the remaining time in the period.
- No refunds are issued for partial periods unless due to an error attributable to Elune Connections.
7. Client obligations
The Client agrees to:
- Obtain valid consent from their end customers before adding their data to the platform.
- Comply with applicable data protection regulations (GDPR, LOPDGDD) in their capacity as Data Controller.
- Not use the service to send unsolicited communications (spam), illegal, misleading, or harmful content.
- Not attempt to access systems or data belonging to other platform clients.
- Comply with Apple's and Google's acceptable use policies regarding Wallet.
8. Intellectual property
Elune Connections and all its components (software, design, brand, documentation) are the property of Jonathan Bassedas Carrillo. The Client is granted a non-exclusive, non-transferable, and revocable license of use, limited to the purpose of these Terms.
The Client retains all rights over the data and content they upload to the platform (logos, texts, client data), granting Elune Connections a limited license to process them solely for the purpose of providing the service.
9. Limitation of liability
Elune Connections does not guarantee uninterrupted availability of the service. To the extent permitted by law, the total liability of Elune Connections to the Client is limited to the amount paid in the 3 months prior to the event causing the damage.
Elune Connections shall not be liable for indirect damages, loss of profits, loss of data, or reputational damages arising from the use or inability to use the service.
10. Governing law and jurisdiction
These Terms are governed by Spanish law. For the resolution of disputes, the parties submit to the Courts of Girona, expressly waiving any other jurisdiction that may apply. For significant commercial disputes, the Commercial Courts of Girona shall have jurisdiction.
If the Client is a consumer (a natural person acting outside the scope of business), they may bring proceedings before the courts of their domicile in accordance with consumer protection regulations.
11. Acceptable use of the Instagram (Meta) integration
If the Client enables the Instagram integration offered by Elune Connections, in addition to the general obligations of section 7, the Client agrees to:
- Not publicly solicit engagement in the Client's own Instagram posts, Stories, captions, or comments in exchange for loyalty program benefits or any other consideration of the service. In particular, statements such as "comment to earn points", "tag a friend and get X" or equivalents are prohibited. Loyalty program benefits are a private benefit communicated to the end customer solely through their wallet card.
- Not automate comment publishing from accounts controlled by the Client with the purpose of inflating the engagement detected by the platform.
- Configure automated reply messages that are truthful, non-misleading, and compliant with Meta's Community Standards and Platform Policies.
- Comply with applicable laws regarding data protection, intellectual property, and advertising, with respect to the messages configured as automated replies and the operation of the loyalty program.
Breach of these obligations entitles Elune Connections to immediately disable the Client's Instagram integration, without refund, and to report the behavior to Meta if necessary to protect the review status of the application.
Annex I
Data Processing Agreement (DPA)
Pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR)
Parties
- Data Controller: the Client (company or professional that contracts Elune Connections' services).
- Data Processor: Jonathan Bassedas Carrillo — Elune Connections (Tax ID 40565236K).
Purpose and nature of processing
The Processor shall process personal data of the Controller's end customers for the sole purpose of providing the services described in the Terms: creation and management of digital Wallet cards, storage of the contact directory, and sending push notifications.
Data categories and data subjects
- Data subjects: end customers of the Controller (digital card holders).
- Categories: identification data (name, email, phone), additional data according to custom fields configured by the Controller, and GDPR consent records (date, version).
- Sensitive data: no special categories of data (art. 9 GDPR) are processed unless upon express and documented instruction from the Controller.
Processor obligations
The Processor undertakes to:
- Process data only following the Controller's documented instructions.
- Ensure that persons authorized to process data have committed to confidentiality.
- Implement appropriate security measures in accordance with art. 32 GDPR.
- Assist the Controller in responding to data subject rights requests.
- Notify the Controller, without undue delay and within a maximum of 72 hours, of any security breach affecting personal data.
- Delete or return all data to the Controller upon termination of the contract, as chosen by the Controller.
- Make available to the Controller all information necessary to demonstrate compliance with the obligations of this Agreement.
Sub-processors
The Controller authorizes the Processor to use the following sub-processors for the provision of the service:
- Google Firebase — cloud infrastructure, database, storage, and authentication.
- Apple Inc. — issuance of Apple Wallet passes and push notification delivery.
- Google LLC — issuance of Google Wallet cards and push notification delivery.
- Stripe, Inc. — payment processing (Controller's billing data only).
All the above sub-processors are located outside the EEA and transfers are carried out under Standard Contractual Clauses (SCCs) approved by the European Commission. The Processor shall notify the Controller of any change of sub-processor with at least 15 days' prior notice.
Audits
The Controller has the right to conduct audits or inspections regarding compliance with this Agreement, with reasonable prior notice (minimum 15 business days) and at the Controller's expense. The Processor shall cooperate reasonably and provide access to the necessary information.
Duration and termination
This Agreement shall remain in force for as long as the Controller uses the Elune Connections service. Upon termination, the Processor shall delete or return the personal data processed, at the Controller's choice, within a maximum of 30 days, unless applicable law requires its retention.