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General Terms of Service (SaaS) and Data Processing Agreement (DPA)

Version: 02/03/2026

1. Provider Identification and Acceptance

1.1. In compliance with Law 34/2002 (LSSI-CE), the following information is provided regarding the owner of the Service:

  • Owner/Provider: Yuliia Kliusa Kliusa (hereinafter, "Emplyx" or the "Provider").
  • Registered address: Calle Matilde Diez 10, CP 08006, Barcelona, Spain.
  • Legal email (notices): legal@emplyx.com
  • Support: via the in-app ticketing system within the Service (see clause 10).
  • Contingency support email: soporte@emplyx.com

1.2. These terms (the "Terms"), including their annexes, govern access to and use of the Emplyx platform (the "Service") by the customer (the "Customer").

1.3. B2B Relationship. The Customer declares that it is acting in the course of its business or professional activity. The Service is not offered for consumer purposes.

1.4. The agreement is deemed accepted and enters into force when the Customer expressly accepts these Terms, including their Annexes (SLA and DPA), through the acceptance mechanism described in clause 1.5 ("Clickwrap"). Acceptance shall be required, in particular, to (i) activate a trial/demonstration, and/or (ii) subscribe to a plan.

1.5. Electronic Contracting and Acceptance ("Clickwrap")

a) The parties agree that the Service is contracted by electronic means.

b) The Customer's acceptance is formalised by checking a non-pre-ticked checkbox "I have read and accept the Terms of Use and Privacy Policy" and clicking "Accept/Continue", or through an equivalent mechanism of express acceptance within the Service.

c) The Customer acknowledges that the Clickwrap constitutes express and binding consent and that a handwritten signature is not required for its validity between the parties.

d) The individual who accepts declares and warrants that they have sufficient authority to bind the Customer (company) and accept these Terms and their Annexes on its behalf.

e) Emplyx shall retain an electronic record of the acceptance (including, at minimum, the Customer/company identifier, user/identifier, date and time (UTC), version accepted and/or a fingerprint/hash of the document, and, where possible, IP address, user agent, language/locale and method of acceptance).

f) The Customer may access the current version of the Terms from within the Service and, where possible, download them in a reproducible format.

2. Definitions

For the purposes of these Terms:

  • "Authorised Users": natural persons registered by the Customer to access the Service with their own credentials.
  • "Active Employees": persons managed by the Customer as active in the Service according to its configuration.
  • "Customer Data": information entered, uploaded or generated by the Customer and/or its Authorised Users in the Service.
  • "Availability": as defined and measured in accordance with Annex I (SLA).
  • "Personal Data": as defined under applicable legislation (including GDPR).
  • "Business Day": Monday to Friday (excluding national public holidays in Spain), unless otherwise agreed in writing.
  • "Plan": the set of features, limits and pricing conditions associated with the Customer's subscription.
  • "Free Plan" or "No-cost Plan": a Plan whose current fee is zero euros (€0), whether on an introductory, promotional or indefinite basis, as determined from time to time.

3. Subject Matter

3.1. Emplyx makes the Service available to the Customer on a Software as a Service (SaaS) basis for the management of HR processes (e.g., employees, shifts, attendance, incidents, reports), in accordance with the contracted plan.

3.2. The processing of Personal Data required to provide the Service is governed by Annex II (DPA).

4. Term, Renewal and Cancellation (no minimum commitment)

4.1. Term. The agreement is of indefinite duration, with no minimum commitment, and remains in force for as long as an active subscription or active trial exists.

4.2. Renewal. The subscription renews automatically for successive monthly or annual periods (at the Customer's election) unless cancelled by the Customer before the end of the current period.

4.3. Cancellation by the Customer. The Customer may cancel at any time. For paid plans, cancellation shall take effect at the end of the current billing period, with access being maintained until that date. For Free Plans, cancellation shall take effect immediately or within the period determined by Emplyx.

4.4. Cancellation for Breach. Either party may terminate the agreement if the other commits a material breach and fails to remedy it within a reasonable period following formal notice.

5. Registration, Account and Security

5.1. The Customer is responsible for the accuracy and currency of its data.

5.2. The Customer is responsible for (i) safeguarding credentials, (ii) managing the registration and deregistration of Authorised Users, and (iii) promptly notifying any unauthorised access.

5.3. Emplyx may implement security and audit measures to prevent fraud and protect the Service.

6. Users, Named Access and Prohibition on Credential Sharing

6.1. Named access. Each Authorised User must have their own personal, non-transferable account.

6.2. Prohibition on sharing and concurrent access. Sharing usernames/passwords or permitting simultaneous access under a single account is strictly prohibited.

6.3. Emplyx may suspend or restrict access where it detects reasonable evidence of a breach of this clause, with prior notice where reasonably practicable.

7. Licence to Use and Restrictions

7.1. Emplyx grants the Customer a non-exclusive, non-transferable licence, limited to internal business use, for the duration of the agreement, to access the Service.

7.2. The Customer shall not (nor permit any third party to):

a) reverse engineer, decompile or attempt to derive the source code;

b) use the Service to create or improve a competing product or to copy functionalities;

c) interfere with the Service (malware, attacks, unauthorised load testing);

d) use bots/scrapers to extract information without express authorisation;

e) use the Service for unlawful purposes or in violation of third-party rights.

8. Plans, Modules and Employee-Based Metric

8.1. Access to features depends on the contracted plan.

8.2. The fee/capacity is based on the number of Active Employees and/or the contracted scope.

8.3. If the Customer exceeds the contracted limit, Emplyx may require a plan upgrade or apply the corresponding adjustment.

8.4. No-cost or promotional Plans. Emplyx may offer Plans whose fee is zero euros (€0), whether on an introductory, promotional or indefinite basis. Such Plans may be subject to pricing changes in accordance with clause 20, and the initial zero-euro price shall not create any acquired right to maintain it indefinitely. Emplyx shall notify the Customer of any pricing change with the prior notice established in clause 20, and the Customer may cancel the Service without penalty if it does not accept the new fee.

9. Pricing, Billing and Payment

9.1. The Customer may choose monthly or annual billing.

9.2. Unless otherwise agreed, billing is made in advance at the start of each period.

9.3. Taxes (VAT or others) shall be applied in accordance with applicable regulations and shall be indicated on the invoice.

9.4. Non-payment. In the event of non-payment, Emplyx may suspend the Service following reasonable prior notice. Access shall resume upon settlement of the outstanding payment.

9.5. No refunds. Unless expressly agreed or required by law, amounts already billed are non-refundable. Cancellation prevents renewal of the following period.

9.6. No-cost Plans. While a Plan maintains a fee of zero euros (€0), no billing shall be generated. Should the Plan become a paid plan in accordance with clause 8.4, the billing conditions set out in clauses 9.1 to 9.5 shall apply from the effective date of the new fee.

10. Support and Maintenance (in-app ticket)

10.1. Support is provided exclusively through the ticketing system integrated within the Service.

10.2. Alternative contingency channel. Only where an availability incident reasonably prevents the Customer from opening a ticket, the Customer may contact support by email at soporte@emplyx.com.

10.3. Emplyx shall use reasonable efforts to respond according to priority:

  • P1 (critical): up to 24 hours (on Business Days)
  • P2 (high): up to 48 hours (on Business Days)
  • P3/P4: indicative timescales based on workload and complexity

10.4. Timescales are calculated from the moment a ticket is opened with sufficient information.

10.5. Emplyx may carry out planned maintenance and updates for the security and improvement of the Service.

11. Integrations, Hardware and Third Parties

11.1. Emplyx is a software platform. It does not sell, lease, install or maintain hardware.

11.2. If the Customer uses terminals/devices or third-party services, the Customer assumes responsibility for their procurement, configuration, connectivity and regulatory compliance.

11.3. Emplyx shall not be liable for failures originating from the Customer's networks, ISP, terminals or third-party services, unless the failure is directly attributable to Emplyx.

12. Customer Data, Export and Portability

12.1. Customer Data is the property of the Customer. Emplyx uses it solely to provide the Service.

12.2. Following cancellation or termination, Emplyx shall make available to the Customer an export in a standard format (CSV/JSON) for 30 calendar days.

12.3. After that period, Emplyx shall proceed to delete the data, and may retain it in a restricted/blocked state if required by a legal obligation.

12.4. Backups are managed in accordance with Emplyx's internal business continuity and disaster recovery policy.

13. Confidentiality

13.1. Both parties undertake to keep confidential any non-public information of the other party.

13.2. This obligation does not apply to information that is publicly available without any breach, that was legitimately known prior to disclosure, that is received from a legitimate third party, or that must be disclosed by law or regulatory authority.

13.3. Confidentiality shall be maintained for the duration of the agreement and for 2 years following its termination.

14. Intellectual Property

14.1. Emplyx retains all rights in and to the Service, its software, documentation, trademarks and improvements.

14.2. The Customer grants Emplyx the right to use feedback/suggestions to improve the Service without any obligation of compensation.

15. Data Protection (GDPR)

15.1. The Customer acts as Data Controller and Emplyx acts as Data Processor.

15.2. Processing shall be governed by Annex II (DPA).

16. Limitation of Liability

16.1. Except in cases of wilful misconduct or gross negligence, Emplyx's total maximum aggregate liability shall be limited to the amounts actually paid by the Customer in the 12 months preceding the event giving rise to the claim.

16.2. To the fullest extent permitted by law, Emplyx shall not be liable for indirect damages (loss of profits, loss of business, reputational damage, etc.).

16.3. SLA credits (Annex I) constitute the specific remedy for availability breaches.

17. Indemnification

The Customer shall indemnify and hold harmless Emplyx against third-party claims arising from (i) unlawful use of the Service, (ii) Customer Data that infringes third-party rights, or (iii) the Customer's breaches of employment or data protection law.

18. Commercial Reference (opt-in)

Emplyx may only use the Customer's trade name and/or logo as a commercial reference with the Customer's prior, express written consent.

19. Assignment

Emplyx may assign the agreement to a successor in the event of restructuring, merger, acquisition or business transfer, providing the Customer with reasonable prior notice.

20. Amendment of Terms

20.1. Emplyx may amend these Terms with reasonable prior notice (e.g., 30 days). If the Customer does not accept the changes, it may cancel before they take effect.

20.2. If an amendment is material, Emplyx may require a new acceptance via Clickwrap.

21. Notices

Notices shall be given by electronic means:

  • To the Provider: legal@emplyx.com
  • To the Customer: to the email address designated by the Customer in their account.

22. Force Majeure

Neither party shall be liable for breaches caused by circumstances beyond its reasonable control for as long as those circumstances persist.

23. Entire Agreement and Severability

If any clause is found to be null or unenforceable, the remainder shall retain its validity. These Terms and, where applicable, the Service Order, constitute the entire agreement between the parties.

24. Governing Law and Jurisdiction

The agreement is governed by Spanish law. For any dispute, the parties submit to the Courts and Tribunals of Barcelona (Spain).

Annex I – SLA (Service Level Agreement)

A.1. Scope. Applies to production environments with an active subscription.

A.2. Unavailability. Unavailability means any period during which the Service is not accessible for its core functions due to a cause attributable to Emplyx.

A.3. Measurement. Monthly Availability (%) = (Minutes in the month − Minutes of unavailability) / Minutes in the month × 100.

A.4. Exclusions. The following shall not count as unavailability: planned maintenance, Internet/network failures on the Customer's side, terminals or third-party integrations, misuse, incidents caused by credentials compromised by the Customer, and force majeure.

A.5. Target. 99.9% monthly.

A.6. Service credits. If monthly availability falls below the target:

  • < 99.9% and ≥ 99.0%: 10% of the equivalent monthly fee
  • < 99.0% and ≥ 98.0%: 25%
  • < 98.0%: 50%
  • Maximum: 100% of the equivalent monthly fee for the affected month.

A.7. Request. Via ticket within the Service within 10 calendar days following the close of the affected month.

A.8. Priorities (initial response target):

  • P1: total outage / inability to use the Service → target 24h (Business Days)
  • P2: serious degradation with no workaround → target 48h (Business Days)
  • P3/P4: based on workload and complexity

Annex II – DPA (Data Processing Agreement – Art. 28 GDPR)

B.1. Roles. Controller: Customer. Processor: Emplyx.

B.2. Subject matter, duration, nature and purpose.

  • Subject matter: provision of the SaaS Service and support through the ticketing system.
  • Duration: term of the agreement plus reversibility/blocking periods.
  • Nature: recording, organisation, storage, retrieval, modification, export and erasure.
  • Purpose: HR management for the Customer.

B.3. Types of data and categories of data subjects.

  • Data subjects: employees and users of the Customer; others managed by the Customer.
  • Data: identification data, employment/scheduling/attendance/incident data.
  • Special category data (if applicable): biometric/geolocation data only where integrated/configured by the Customer; the Customer is responsible for establishing the applicable legal basis.

B.4. Instructions. Emplyx shall process personal data only in accordance with the Customer's documented instructions and for the purpose of providing the Service.

B.5. Confidentiality. Emplyx warrants that authorised personnel are subject to a duty of confidentiality.

B.6. Security. Emplyx implements appropriate technical and organisational measures, including access controls, encryption in transit, monitoring and incident management, and an internal backup and disaster recovery policy.

B.7. Sub-processors and hosting (EU/EEA only). The Customer authorises Emplyx to engage necessary sub-processors under agreements imposing equivalent obligations, with data processing within the EU/EEA. Emplyx shall notify the Customer of material changes with reasonable prior notice.

B.8. Security breaches. Emplyx shall notify the Customer without undue delay of any personal data security breach.

B.9. Assistance to the Controller. Emplyx shall reasonably assist the Customer in responding to data subject rights requests and in carrying out data protection impact assessments/prior consultations where applicable.

B.10. Return/erasure upon termination. Emplyx shall make an export available for 30 days. Thereafter, it shall erase the data, except where retained in a restricted/blocked state due to a legal obligation.

B.11. Audit. The Customer may request reasonable evidence of compliance, without unduly interfering with the Service and subject to confidentiality obligations.