Terms and Conditions
Welcome to Zindra. By accessing or using our platform, you agree to these Terms and Conditions. If you do not agree, do not use the Service.
Definitions
'Zindra', 'we' or 'Provider' means Overthings, S.L. 'Customer' means the legal entity or professional contracting the Service. 'Users' are natural persons granted access by the Customer (e.g., employees). 'Service' means the HR software provided in the cloud. 'Plan' means the current subscription tier. 'Customer Content' means data and documents the Customer and its Users upload or generate in the Service.
Service Description
Zindra is an HR SaaS for SMBs that enables, among others, time tracking, leave management, documents, payroll distribution, org chart and internal communications. The Service is not legal or labor advice; regulatory compliance remains the Customer's responsibility.
Eligibility
The Service is intended for businesses and professionals aged 18 or older. The person contracting represents that they have authority to bind the entity and will use the Service in compliance with applicable law.
Accounts & Registration
To use certain features you must create an account and provide true, accurate and up-to-date information. The Customer is responsible for workspace configuration and assigning roles to its Users.
Account Security
You must keep credentials confidential and promptly notify unauthorized access. Do not share accounts or passwords. We may suspend access upon signs of fraudulent use or security breach.
Acceptable Use
You must not: (i) use the Service for unlawful purposes or to infringe third‑party rights; (ii) introduce malware or interfere with operation; (iii) circumvent security or reverse engineer; (iv) send spam or overload the infrastructure; (v) resell or sublicense without written permission.
Customer Roles & Responsibilities
Customer administrators manage users, permissions, data and billing. Zindra acts on their instructions regarding Customer Content. The Customer is responsible for the lawfulness, accuracy and legal basis for all data it processes through the Service.
Subscriptions & Payments
We offer free and paid plans, billed monthly or annually in advance. By subscribing you authorize recurring charges via the registered payment method. Any fee changes will be notified with reasonable advance notice.
Pricing
Current prices are shown on our website or commercial proposal and are usually expressed in EUR, exclusive of indirect taxes. Prices may be updated on renewal or plan change, with prior notice.
Billing & Payments
We issue electronic invoices and automatically charge the amount to the indicated payment method. You must keep a valid payment method with sufficient funds. Non‑payment may result in suspension of the Service.
Taxes
Prices exclude taxes. Applicable taxes will be charged. The Customer is responsible for any taxes, duties and withholdings and for providing a valid VAT number where applicable.
Upgrades and Plan Changes
Upgrades or increases in seats are prorated until the end of the current term; decreases take effect in the next cycle. Access to new features may require a plan upgrade.
Late Payments
If we cannot collect payment, we may retry charges, apply statutory interest and/or suspend the Service after notice. After 30 days of suspension, we may terminate for non‑payment.
Renewals
Subscriptions renew automatically for successive periods unless cancelled before the end of the current term. You can disable auto‑renewal from the dashboard or by written request.
Cancellation & Refunds
You can cancel at any time. Cancellation takes effect at the end of the prepaid term. No refunds for partial periods unless required by law or expressly stated in the offer.
Suspension & Termination for Cause
We may suspend or terminate access without refund if: (i) you materially breach these Terms; (ii) there is a security risk; (iii) the Service is used unlawfully or harms others; or (iv) there is non‑payment. We will try to notify you in advance unless there is serious risk or legal requirement.
Effects of Termination
Upon termination, access to the Service ceases. We will retain Customer Content for a limited period (e.g., 30 days) for export upon reasonable request; afterwards, we will delete it from active systems and backups per our deletion cycles, except where retention is required by law.
Service Availability
We strive for high availability. However, interruptions may occur due to maintenance, improvements, third‑party failures or force majeure.
Maintenance
We perform scheduled maintenance and, in urgent cases, immediate actions. Where reasonable, we will provide advance notice via the platform or email.
Support
We provide email support during business hours indicated on our website. Response times may vary based on request criticality and the subscribed plan.
Beta Features & Early Access
Features labeled 'Beta' are provided as‑is, may contain defects and may be changed or removed at any time without notice.
Integrations and Third‑Party Services
Use of third‑party integrations is governed by their own terms. We are not responsible for their performance. Enabling an integration authorizes the data exchange necessary for its operation.
Data Protection
For Customer Content containing personal data, the Customer acts as controller and Zindra as processor. We apply appropriate security measures and use sub‑processors listed in our documentation. See the Privacy Policy and, where applicable, our Data Processing Agreement (DPA).
Confidentiality
Each party will keep the other party's non‑public information confidential and use it solely to provide or receive the Service, protecting it with reasonable care.
Intellectual Property
All rights in the Service, software, documentation and trademarks belong to Zindra or its licensors. We grant a limited, non‑exclusive, non‑transferable license to use the Service in accordance with these Terms.
Customer Content
The Customer retains ownership of its content and grants Zindra a non‑exclusive license to host, process and display such content solely to provide the Service. The Customer warrants it has the right to input such content and that it does not infringe third‑party rights.
Feedback
If you send us comments or ideas, we may use them freely to improve the Service with no obligation to compensate you and without creating any ownership rights in your favor.
Limitation of Liability
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, punitive or consequential damages, or for loss of profits, data or revenue.
No Warranties
The Service is provided 'as is' and 'as available'. To the extent permitted, implied warranties of merchantability, fitness for a particular purpose and non‑infringement are disclaimed.
Indemnification
The Customer will indemnify and hold Zindra harmless from claims, damages and costs arising from unlawful use of the Service, Customer‑provided content, or breach of these Terms or applicable law.
Liability Cap
Our total aggregate liability for all claims arising out of the Service will not exceed the amounts actually paid by the Customer to Zindra during the 12 months preceding the event giving rise to liability, except for fraud, willful misconduct and other liabilities that cannot be limited by law.
Modifications to Service
We may improve, modify or discontinue Service features. We will try to avoid materially reducing functionality during prepaid periods, except for security or compliance reasons.
Changes to these Terms
We may update these Terms by publishing the new version and, where material, notifying you through reasonable channels. Continued use after the effective date constitutes acceptance.
Notices
We may deliver notices by email, in‑app, or via our website. Notices are deemed received when sent to the contact details provided by the Customer.
Governing Law & Jurisdiction
These Terms are governed by Spanish law. Unless mandatory law provides otherwise, the parties submit to the courts of Palma de Mallorca for any dispute.
Miscellaneous
These Terms constitute the entire agreement and supersede prior agreements regarding their subject matter. If any provision is invalid, it will be interpreted to reflect the original intent to the extent permitted; the remainder remains in force. Failure to exercise a right is not a waiver. You may not assign without written consent; we may assign as part of corporate reorganizations. Nothing creates an agency, partnership or employment relationship. Confidentiality, IP, liability and indemnification provisions survive termination.
Contact
Overthings, S.L. — VAT B57925703 — Pl. Alexandre Jaume 3, 2, 07002, Palma de Mallorca, Spain. Support: support@zindra.com