TERMS OF USE AND SERVICE AGREEMENT
Floorfy welcomes you! We are a service that provides our users with access to a software for editing and publishing virtual tours through the Internet.
Floorfy welcomes you! We are a service that provides our users with access to a software for editing and publishing virtual tours through the Internet.
In compliance with the provisions of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce (LSSI), it is hereby informed that this Website is owned by:
These General Terms of Use of the Website (hereinafter, the “Terms of Use”) set forth the terms and conditions that govern access, browsing, and use of the Website.
Accessing and browsing this Website confers the status of user (the “User”) and implies full and unreserved acceptance of all provisions included in these Terms of Use. Therefore, if the User does not agree with them, they must not use this Website.
The Website is primarily intended for Users residing in Spain. Floorfy does not guarantee that the Website complies with laws of other countries, whether wholly or partially. If the User accesses or navigates the Website from outside Spain, they do so under their own responsibility and must ensure that such access complies with the applicable local laws. Floorfy shall not be held liable for any such access.
Floorfy may modify these Terms of Use at any time without prior notice. Such modifications shall become effective upon their publication.
In general, access to the Website is free of charge. If any features or services are reserved for specific Users (e.g., requiring registration or payment), they will be clearly identified on the Website.
2.1. User ObligationsThe User agrees to:
The User will be liable for any damages caused to Floorfy or third parties. Floorfy reserves the right to take any technical, legal, or other measures it deems appropriate to prevent, mitigate, or stop prohibited conduct and to hold the User accountable.
2.2. Intellectual and Industrial PropertyAll contents of the Website, including but not limited to text, images, photographs, videos, graphics, icons, software, source code, designs, layout, and any other elements that may be subject to intellectual or industrial property rights, are the exclusive property of Floorfy or third parties who have licensed or authorized their use.
Access to the Website does not grant the User any rights to exploit any part of its content. Users may only view the content as strictly necessary for proper use of the Website. It is especially prohibited to use, reproduce, distribute, publicly communicate, transform, or transfer any content for commercial purposes without prior written consent from Floorfy.
Floorfy reserves the right to modify the presentation and configuration of the Website and its content or services at any time, without prior notice. The User acknowledges that Floorfy may interrupt, disable, or remove elements of the Website or access to them at any time.
If the User believes any content on the Website violates intellectual property rights, they must notify Floorfy immediately via the contact details provided in section 1.
2.3. Disclaimer of Warranties and LiabilityThe information published on the Website may not always be complete, accurate, or fully up to date. Floorfy assumes no responsibility for any potential errors, omissions, or lack of truthfulness, completeness, or timeliness of the available information.
Floorfy does not guarantee continuous or error-free access to the Website, nor that its content or software is free from elements that could affect the User's system (hardware or software). Consequently, Floorfy is not liable for any damage resulting from access, navigation, or use of the Website — including those caused by viruses or other malicious elements.
Similarly, Floorfy is not responsible for improper or inappropriate use of the Website by the User, nor for breaches of these Terms of Use or applicable law.
2.4. LinksThe Website may include links, banners, buttons, directories, or search tools that allow the User to access third-party websites. These websites are not under Floorfy’s control, and Floorfy is not responsible for their content, privacy policies, practices, or availability.
These links are provided solely for the User’s convenience and do not imply any recommendation, promotion, or approval by Floorfy of the content therein.
If the User believes that a linked site contains illegal, inappropriate, or offensive content, they may report it to Floorfy using the contact details provided on this Website, so appropriate action can be considered.
These general terms and conditions for contracting (the “General Terms”) regulate the terms and conditions applicable to the contracting and use of the software offered by FLOORFY, S.L. (hereinafter, “Floorfy”), aimed at real estate professionals, among others (the “Client”), for the creation, management and publication of content/material of properties through Floorfy’s digital platform (the “Platform”) and, where applicable, the rental of the device used to capture spherical photos used to create said tours (the “Camera”) (collectively, the “Services”, as applicable to the Client).
To contract the Services, a natural person must be of legal age according to the laws of Spain (i.e., 18 or older) and have legal capacity to enter into a contract. If a minor contracts the Services, Floorfy will automatically cancel them and refund any payments made, if applicable. In the case of a legal entity, the Client must act through a physical person or representative with the necessary authority to enter into the contract, who will be held responsible for any non-compliance with this requirement.
Therefore, the Client declares, by contracting the Services, that they are of legal age and have legal capacity to contract, and that they have read, understood and accepted these General Terms and all other applicable regulations in their relationship with Floorfy.
Floorfy and the User shall hereinafter be referred to individually as the “Party” and jointly as the “Parties”.
3.2. Contractual RelationshipThe contracting of Floorfy's Services by the Client implies acceptance of these General Terms and the applicable Specific Terms, depending on the contracted plan or modality (including, among others, the rental of the Camera), which together with their annexes form the contract documents (the “Contract”), to which the Client expressly agrees.
In the event of contradiction between the provisions of these General Terms and those of the Specific Terms accepted by the Client, the provisions of the Specific Terms shall prevail.
The Contract is formalized and enters into effect on the date the Client registers on the Platform, either electronically or by any other means.
3.3. Purpose of the ContractThe purpose of the Contract is to regulate the conditions under which:
El precio de los Servicios, la configuración de la Plataforma y las condiciones de la Cámara se basan en las funcionalidades y opciones disponibles en el momento de contratación de los Servicios por parte del Cliente. Las opciones, funcionalidades o hardware cuyo lanzamiento fuera posterior a la contratación de los Servicios podrían no estar incluidos en los Servicios contratados por el Cliente.
3.4. Description of the Services; Trial PeriodThe Services consist of the development, maintenance and provision of access to the Platform, understood as a solution for generating real estate content. The Services may also include editing of virtual content by Floorfy if expressly contracted by the Client.
If, after the Trial Period, the Client does not wish to continue using the Services, they must unsubscribe through their user profile on the Floorfy platform by accessing “My Plan” and clicking “Cancel,” or by notifying cancellation via email to info@floorfy.com. In that case, Floorfy will proceed with the cancellation.
The Services are structured in different plans or subscription types, which vary based on factors such as available features, number of authorized users, and additional services included. The specific conditions for each plan (duration, price, features, technical limits, etc.) are detailed in the commercial offer, the contracting panel on the Website, or in the Specific Terms accepted by the Client at the time of contracting.
Floorfy may offer the Client a 14-day free trial period (the “Trial Period”). During the Trial Period, access to the Platform will be free of charge, limited to the period defined and subject to the technical and functional conditions indicated by Floorfy. If the Client does not cancel before the end of the Trial Period, the contracted Services will automatically renew under the same conditions and for the same period initially selected. In that case, the billing will be issued and payment will be processed the day after the Trial Period ends.
Provision of the Services is subject to the Client registering on the Floorfy Website. In this regard, the Client must provide Floorfy with billing details and any other data necessary for the provision of the Services.
3.5. Price, Payment Method and Invoicing of ServicesThe price of the Services varies depending on the type of Services contracted and the billing frequency. You will find an up-to-date list of the prices applicable to the Services based on the contracted plan at the following link: https://floorfy.com/prices.
Payment will be made by charging the credit or debit card provided by the User to Floorfy, to the account indicated by Floorfy at the time of contracting the Services. To register as a client, you must provide the credit or debit card details, the expiration date, the CVV2/CVC2 (the three (3) security digits on the back of the card), and the cardholder's name. These payment details will be processed directly by a duly authorized external payment service provider, and Floorfy will not have access at any time to the full card details. The transmission of this information is carried out through secure and encrypted connections.
By providing their payment information, the Client expressly authorizes the corresponding charge through the selected method and under the terms set forth in these General Terms and Conditions of Contract.
The Client agrees to receive invoices electronically. Electronic invoices will be provided in PDF format, and the User will be able to access and download them from their User profile.
The Services contracted by the Client in accordance with the monthly rates will be billed monthly; those contracted under annual rates will be billed annually. Payment will be made in advance at the time of contracting the Services, or, if applicable, the day after the Trial Period ends. If the Client cancels the Services before the end of the contracted month or year, they will not be entitled to a refund of the amounts already paid for the current monthly or annual period.
3.6. Duration of the ServiceThe duration of the provision of the Services will be the one chosen by the Client on the Platform. For clarification purposes, the duration of the Services will be understood as computed from date to date, in such a way that the term begins on the day the Services are contracted and ends on the same day of the following month (or, in case there is no equivalent day, the last day of the month) or of the following year, as applicable.
Once the term selected by the User ends, the Service will be automatically renewed for the same period initially contracted, unless either Party expressly communicates, at least one day before the Contract expiration, their desire not to continue with it.
3.7. Service DeliveryThe delivery of the Services by Floorfy to the Client will consist of making the Platform available under the conditions indicated in this Contract and on the Platform itself, as well as the editing of virtual tours, in case of contracting the plan that includes such service.
In case of an error or issues on the Platform, please contact the Floorfy team at info@floorfy.com or at the phone number (+34931 59 10 98), so they can assist the User or resolve the issue.
3.8. License and Terms of Use of the PlatformSubject to prior contracting and timely payment of the Services, Floorfy grants a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access the Platform, solely for the purpose of using it during and in accordance with this Contract.
The following are expressly prohibited:
The Client will be responsible for the use made by their employees or authorized persons, as well as for the safekeeping and confidentiality of access credentials. Any loss, theft, and/or unauthorized access by a third party must be reported to Floorfy so that it can proceed with the blocking.
Any breach by the Client or their authorized users of these conditions may result in the immediate withdrawal or cancellation of the Services by Floorfy, without entitling the Client to request any type of compensation.
3.9. Intellectual and Industrial Property; Client ContentAll intellectual and industrial property rights over the Platform, its source code, design, structure, functionalities, technical documentation, trademarks, logos, trade names, and other elements associated with the Service provided are the exclusive property of Floorfy or its legitimate licensors.
The Client only acquires a limited right of use as stipulated in Clause 3.8.
The virtual tours, photographs, images, videos, descriptive content, and other materials generated or uploaded by the Client on the Platform or provided to Floorfy within the scope of the Services (the "Client Content") shall be the exclusive property of the Client. However, the Client authorizes Floorfy to process such content solely to provide the contracted Services, including hosting, processing, editing (if applicable), display, and technical support, without this implying any transfer of rights.
Unless the Client expressly states otherwise in writing, Floorfy may refer to the commercial relationship with the Client for purely promotional or portfolio purposes, including the use of the trade name, logo, and a general description of the service provided, as well as the display of generic examples of virtual tours developed through the Platform, provided they do not contain confidential information, identifiable personal data, or images that allow the recognition of individuals or private locations without authorization. The Client may revoke this authorization at any time by written notice, without affecting prior use in accordance with this Clause.
The Client is responsible for the creation, management, and deletion of Client Content. In case of deletion of Client Content, it will remain available for 30 days from the deletion date. During this period, the Client may access and, if desired, restore the Client Content. After this period, the Client Content cannot be recovered.
If the Client's account is canceled, all associated Client Content will be retained for six months from the cancellation date.
After this period, the Client Content (including virtual tours generated on the platform) cannot be restored.
If there is a legal obligation, an administrative requirement, or it is necessary for the exercise or defense of claims, such Client Content may be retained only for those purposes and for the strictly necessary period, after which it will be permanently deleted.
3.10. Floorfy’s Commitments and ResponsibilitiesFloorfy undertakes to:
Floorfy shall not be liable for:
Floorfy reserves the right to suspend the Client's access to the Platform, without prior notice, and at its sole discretion, either permanently or temporarily, until effective responsibility for any damages that may occur is established.
3.11. Floorfy WarrantiesFloorfy guarantees that it legitimately owns the intellectual property rights or any other rights over the Platform, as well as the resources, equipment, infrastructure, or base software of the Platform.
Floorfy guarantees that the Platform will operate substantially in accordance with the technical specifications described on the Website or in the documentation provided to the Client, as long as it is used in accordance with the contractual conditions and the recommended technical requirements. However, as it is a service provided in “Software as a Service” (SaaS) mode, the Client expressly accepts that the Platform is provided “as is,” without any express or implied warranty of fitness for a particular purpose beyond what is contractually established. Likewise, Floorfy does not guarantee the complete absence of errors, interruptions, security vulnerabilities, or occasional malfunctions, although it commits to act with the utmost diligence to resolve any issues affecting the Platform. The use of the Platform by the Client does not guarantee any specific economic result, commercial success, or client acquisition, as these outcomes depend on multiple factors beyond Floorfy’s control. Features may evolve, be modified, or replaced, as long as the primary purpose of the Contract is respected and an equivalent or superior service is maintained.
Floorfy complies and will always comply with all applicable laws and regulations concerning the Platform and its activity.
3.12. Processing and Protection of Personal DataThe processing of the personal data of legal representatives and individuals designated by the Client shall be carried out in accordance with the Privacy Policy.
If the provision of the Services involves Floorfy accessing and processing personal data under the Client's responsibility, the Data Processing Agreement included in Annex I to these General Terms and Conditions of Contract shall apply.
3.13. Modification of the General TermsFloorfy reserves the right to amend these General Terms and Conditions of Contract at any time and without prior notice, provided that such changes do not affect essential conditions of the existing Contract. The modifications will be published on the Website and will take effect from the moment of publication or on the expressly stated date.
If the modifications significantly affect the Client’s rights or obligations, they will be notified through the contact means provided, and the Client may accept the new General Terms or terminate the Contract if they do not agree, before the effective date.
3.14. Termination and Cancellation of ServicesFloorfy may suspend or unilaterally cancel the Services in the following cases:
Likewise, either Party may terminate the Service:
If the breach is attributable to the Client, they must pay all outstanding amounts up to the termination date and will not be entitled to any refund. If the breach is attributable to Floorfy, the Client may request a proportional refund of the amount paid, calculated based on actual usage time.
3.15. MiscellaneousIf any of these terms is declared invalid, void, or ineffective for any reason, that condition will be considered excluded without affecting the validity or enforceability of the remaining terms.
These General Terms and Conditions of Contract, their Annexes, and any applicable Particular Conditions constitute the complete agreement between the Parties concerning its subject and replace any prior agreement or communication, whether oral or written.
If the Client breaches these General Terms and Conditions of Contract and Floorfy does not exercise its rights at that time, such inaction shall not constitute a waiver, and Floorfy may exercise those rights and actions at any time.
The Client may not assign, subrogate, or transfer the rights or obligations derived from this Contract without prior written consent from Floorfy.
All notices related to this Contract must be made in writing and sent to the address or email provided by each Party at the time of contracting, unless a change has been duly communicated.
3.16. Applicable Law and JurisdictionThese General Terms and Conditions of Contract shall be governed by and interpreted in accordance with the laws of Spain. For determining the place of execution of the service contract governed by these Terms, Article 29 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce shall apply.
In case of any conflict or discrepancy in the interpretation or application of these General Terms and Conditions, the Parties agree to submit to the non-exclusive jurisdiction of the courts of the city of Barcelona.
This Annex includes the Data Processing Agreement regarding the processing of personal data (the “Data Processing Agreement”), which aims to regulate the processing of personal data that Floorfy (for the purposes of this Annex, the “Processor”) will carry out on behalf of the Client (for the purposes of this Annex, the “Controller”) in the framework of the provision of the Services governed by the Contract.
Both Parties agree that this Data Processing Agreement forms an integral part of the main Contract and that, in accordance with Article 28 of Regulation (EU) 2016/679 (“GDPR”), it governs the access to and processing of such data as established in the applicable regulations.
In light of the foregoing, the Parties agree to the following:
For the purposes of this Annex, the following shall apply:
This Annex aims to regulate the terms and conditions under which the Processor will process personal data on behalf of the Controller within the framework of the provision of the Services, ensuring compliance with the GDPR and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (“LOPDGDD”).
The categories of personal data subject to this Data Processing Agreement and the characteristics of the data processing to be carried out by the Processor on behalf of the Controller are specified in Appendix A.
This Data Processing Agreement shall enter into force on the date of the Contract's execution. This Agreement is accessory to the main Contract, so its duration is tied to the duration of the latter.
The Data Controller agrees to comply with the following obligations:
The Processor shall not be responsible for failure to comply with the provisions of this Clause.
The Data Processor agrees to comply with the following obligations:
Once the provision of Services is completed, the Processor will delete or return all personal data processed on behalf of the Controller, along with any existing copies, unless retention is required by law.
If return is not possible due to duly justified technical or functional reasons, or if the data is already in possession of the Controller, the Processor, once the legal retention periods mentioned above have expired, will proceed with secure destruction ensuring data irrecoverability, and will document such action.
The Processor shall notify the Controller without undue delay, and in any case within a maximum of 24 hours, through the contact person designated by the Controller, of any incident, suspected or confirmed, relating to data protection within its responsibility. The notification shall include all relevant information for documenting and communicating the incident to the relevant authorities or affected data subjects.
Notification will not be required if it is unlikely that the security breach poses a risk to the rights and freedoms of natural persons.
Additionally, the Processor shall assist the Controller regarding notification obligations under the GDPR (in particular, arts. 33 and 34) and any other applicable current or future regulation amending or supplementing such obligations.
The Processor will provide the information and/or documentation requested by the Controller to respond to requests for exercising rights that the Controller may receive from the data subjects whose data is processed. The Processor must provide this information within reasonable deadlines and, in any case, sufficiently in advance to allow the Controller to comply with the legally applicable deadlines for responding to such requests.
In cases where data subjects exercise rights of access, rectification, erasure and objection, restriction of processing, data portability, and not to be subject to automated individual decisions directly with the Processor, the Processor shall immediately notify the Controller by email through the designated contact person. The notification must be immediate to allow response within the legal deadlines and no later than the next business day after receiving the request, including any information relevant to the resolution.
The Data Processor shall implement mechanisms to:
In particular, the Parties have agreed on a set of measures that the Data Processor must implement, indicated in Appendix B to this Data Processing Agreement. Any modification of these measures by decision of the Processor that implies a reduction in the security level or a substantial alteration of the established protection mechanisms must be previously communicated to the Controller and require its express and written approval.
If the Controller, after the formalization of the Data Processing Agreement, requires the Processor to adopt or maintain security measures different from those agreed in this Appendix B, or if they become mandatory under any future regulation, and this significantly affects the costs of providing the Services, the Processor and the Controller shall agree on the appropriate contractual measures to address the impact that such modifications may have on the price of the Services.
The Data Controller grants a general authorization for the Data Processor to subcontract part of the Services with third parties or subcontractors (the "Subprocessor"). The Data Processor will inform the Data Controller of the processing activities intended to be subcontracted, clearly and unequivocally identifying the subcontracting company and its contact details. Subcontracting may proceed if the Controller does not express opposition within 15 days.
The Data Processor will exercise due diligence in choosing only those Subprocessors who offer sufficient guarantees to apply appropriate technical and organizational measures, so that the subcontracted processing activities comply with the requirements of the GDPR and the protection of the rights of the data subjects is guaranteed.
The Subprocessor, who will also have the status of data processor, is equally obliged to comply with the obligations imposed on the Data Processor and the instructions issued by the Controller, as set forth in this Data Processing Agreement. It is the responsibility of the Data Processor to regulate the new relationship through a contract signed by the Processor and the Subprocessor, so that the Subprocessor is subject to the same conditions (instructions, obligations, security measures…) and with the same formal requirements as the original Processor, regarding the proper processing of personal data and the guarantee of the rights of the data subjects. In the event of non-compliance by the Subprocessor, the Data Processor will remain fully responsible before the Controller for compliance with the obligations included in this Data Processing Agreement.
The list of Subprocessors authorized by the Data Controller is as follows:
| Company Name | Service Provided | Location |
|---|---|---|
| Amazon Web Services | Data Storage | United States (Data Privacy Framework) |
| Google Cloud | Data Storage | Ireland |
The Data Processor shall not carry out international transfers of personal data to which it has access, under the responsibility of the Data Controller, unless it has prior authorization from the Data Controller or such transfers are duly regulated according to Articles 45, 46, or 47 of the GDPR.
The Processor shall be considered responsible for the processing if it uses the data subject to this Data Processing Agreement for other purposes, communicates or uses it in breach of the provisions of this Data Processing Agreement, being personally liable for any infringements incurred.
The processing will consist of: The provision of the Services in accordance with the Contract.
Specification of the processing to be carried out:
Identifying data, Contact data. Date and time of visit. Image / Voice (if applicable)
Categories of data subjects:
End customers.
While the contractual relationship between the Controller and the Processor is in force, including its extensions, and until the return or deletion of the data as agreed.
The Processor applies, both when determining the processing means and during the processing itself, the following measures:
| Scope of security measures | Description of the implementation of measures by the Processor |
|---|---|
| Identification and authentication of access to data processing systems | Access to systems containing personal data is done using individual credentials. Authentication via username and password is required, and two-factor authentication (2FA) is applied on critical services, including access to the AWS console. |
| Media management (measures to prevent unauthorized reading, modification, copying, or removal of media) | No physical media are used for personal data processing. All information resides in digital environments managed in the cloud (AWS). Access is limited to authorized personnel through secure digital means. |
| Access control to data (measures ensuring access only to data corresponding to user roles or profiles) | Data access is controlled by roles and permissions defined in the database and cloud services. Only the data controller and platform director have access to personal data. |
| Communication control (communication or cloud storage systems, VPN, etc.) | All communication between systems and users is conducted using encrypted protocols (HTTPS/TLS). The database and AWS resources are protected by firewall rules and secure network policies. VPN is not used as everything is managed in the cloud through secure interfaces. |
| Modification logging (measures to identify what data has been modified, by whom, and when) | AWS logging mechanisms are available to audit access and modifications. Internally, the product development records who makes changes to data structures or relevant configurations. |
| System and data recovery (backups, disaster recovery protocols, etc.) | AWS automatic backup systems are used for databases (RDS snapshots), with scheduled restoration and periodic testing. Defined procedures exist for system recovery in case of a serious incident. |
| Integrity (incident management systems, error identification, etc.) | Error and incident tracking is performed using internal version control tools and monitoring in CloudWatch. |
These Particular Terms and Conditions regulate the rental contracting by the Client of the Camera (the "Rental Service") necessary for the creation of content (photographs, videos, or virtual tours) compatible with the Service.
To contract the Rental Service, it is necessary that the Client simultaneously contracts or has already contracted the Services described in the General Terms and Conditions of Contracting.
The User may contract the Rental Service at a later time by sending a request via email to the following Floorfy address: info@floorfy.com.
Acceptance of the Particular Terms and Conditions is indispensable for Floorfy to provide the Rental Service. In this regard, the Client declares to have read, understood, and accepted these Particular Terms and Conditions, which have been made available to the Client together with the General Terms and Conditions prior to contracting the Rental Services on the Floorfy Website.
The General Terms and Conditions of Contracting complete these Particular Terms and Conditions in everything not expressly provided in these.
The User must use the Camera in accordance with the User Manual published for each Camera model covered by the Sales and Rental Services at the following links:
The price of the Rental Service varies depending on the Camera model rented by the User (Ricoh Theta SC, Ricoh Theta SC2, or Ricoh Theta V), the plan or modality of Services contracted, and the billing frequency. You can find an updated list of prices applicable to the Rental Services at the following address: https://floorfy.com/prices.
Billing for the Rental Service will be carried out together with the billing of the Services described in the General Terms and Conditions of Contracting.
A deposit may be required as a guarantee for the proper use and return of the Camera. This deposit will be refunded at the end of the Rental Service, subject to verification of the equipment's condition.
The Rental Service will have the duration selected by the Client on the Platform. This duration will, in any case, be linked to the duration selected for contracting the Services defined in the General Terms and Conditions of Contracting. For clarification, the Client may not contract the Rental Service independently from the Services defined in the General Terms and Conditions of Contracting.
Upon expiration of the period selected by the Client, the Rental Service contract will automatically renew for the same initially contracted term, except if either Party expressly communicates, at least one day prior to the expiration of the Contract, their intention not to continue with it.
During the rental period, the Camera and its accessories will at all times remain the exclusive property of Floorfy. This Contract does not transfer any ownership or usage rights beyond those expressly agreed herein.
The Camera will be delivered to the address indicated by the Client within 30 days following the receipt of the request made by the Client at the initial moment of contracting the Services or later.
The Camera will be delivered in proper working condition, with its accessories (battery, charger, memory card, tripod if applicable). The Client is obliged to check the condition of the Camera at the moment of delivery and to provide written notice of any defects observed, notifying info@floorfy.com within 72 hours.
The Client has the right to return the Camera free of charge if both Parties determine that it is indeed defective and not operational for its intended purpose.
At the end of the rental period, the Client must return the Camera in the same condition as it was delivered, except for normal wear and tear. The return must be made by the Client at their own expense within a maximum of 15 days from the end of the Rental Service.
Unless otherwise expressly indicated by Floorfy, the return must be carried out as follows:
Delay in returning the rented Camera once the agreed period has ended will imply the automatic renewal of the subscribed contract until its receipt.
In case the Client persists in not returning the Camera after having received repeated notices from Floorfy, it will be considered unjustified resistance, which will result in an automatic extension of the rental for double the number of weeks affected by the delay, without prejudice to Floorfy’s right to claim additional damages or initiate legal actions for the recovery of the Camera.
In the event that the Client does not return the Camera at the end of the Rental Service, or if it presents any type of malfunction or defect, any anomaly that prevents its normal operation, or if any of its components are missing, Floorfy will charge the Client a penalty fee of: (i) €200 in case of renting the Ricoh Theta SC Camera model; (ii) €300 in case of renting the Ricoh Theta SC2 Camera model; (iii) €500 in case of renting the Ricoh Theta V Camera model; (iv) €500 in case of renting the Insta360 One X2 Camera model; (v) €500 in case of renting the Insta360 One X3 Camera model; (vi) €650 in case of renting the Ricoh Theta X Camera model. The payment of the penalty by the User will be charged to the credit or debit card provided by the User to Floorfy. (Taxes not included)
The camera will be self-installable. In this regard, Floorfy will not be responsible for its installation and/or operation, which will be handled by the Client.
To facilitate installation and use, Floorfy provides instructional videos for using the camera on Floorfy’s website (https://floorfy.com) as well as at the following address: https://www.youtube.com/channel/UCDc3XYfh7I0BRVcjv_xNDtA
In the event of hiring the Rental Service, the User will use the Camera in accordance with the instructions contained in the User Manual published for each Camera model subject to the Rental Services at the following link:
The User may not:
Failure to comply with this Clause may lead to automatic termination of the Contract, without the right to reimbursement and with the obligation to compensate the Provider for damages caused.
The Client must make proper use of the Camera from the moment of delivery, assuming responsibility for its correct handling. The Client will be responsible for any damage or loss of the rented Camera, applying the penalties indicated in Clause 4.6. when applicable, unless it proves that these events occurred without fault on their part.
Floorfy provides basic usage instructions and limited technical support during the rental period but is not responsible for failures resulting from incorrect use.
Floorfy will attend to Client inquiries and will attempt to resolve questions related to the Camera's operation through its sales team at the email address info@floorfy.com or at the phone number +34931 59 10 98.
In the event that the rented Camera shows malfunction not attributable to the Client, the Client must notify Floorfy immediately and in writing, indicating the Camera’s serial number, a description of the detected problem, and any other relevant information. Upon receiving the notification, Floorfy will evaluate the issue and, if applicable, provide a replacement Camera as soon as possible, subject to availability. In such case, no proportional fee will be charged for the period during which the Camera could not be used.
The following will not be considered malfunction attributable to Floorfy:
In case it is determined after review that the cause of the failure is due to misuse by the Client, the Client will bear the costs of repair and/or replacement, as well as possible transport and handling expenses.
Besides the termination causes applicable under the General Terms and Conditions, Floorfy may suspend or unilaterally cancel the Rental Service in the following cases:
In case of cancellation not motivated by Client’s breach, Floorfy will refund the Client the proportional part of the unused rental fee, without generating any right to additional compensation.
Once the Rental Service is terminated, the Client must immediately proceed to return the Camera under the agreed terms. Termination will not exempt the Client from payment of outstanding amounts due at the termination date.
The Client’s obligations, in addition to those provided in the Contract, are as follows:
Floorfy reserves the right to make changes to these Specific Conditions at any time, as well as to the technical, functional, or service provision characteristics of the Rental Service, provided that such modifications are reasonable and do not materially affect the Client’s rights.
The User will be subject to the Specific Conditions in force at the time of contracting the Rental Services.
In case of substantial modifications that may directly affect economic conditions, the object of the Service or fundamental rights and obligations of the Client, the Client will be notified with sufficient notice. The Client may then terminate the Contract without penalty by notifying in writing before the effective date of the new conditions. If the Client does not communicate within the indicated period, it will be understood that they accept the new conditions without reservation.
These General Purchase Conditions (“General Purchase Conditions”) constitute the regulatory framework for the purchase of equipment (hereinafter, the “Equipment”) offered by FLOORFY, S.L. (“Floorfy”) to its clients (hereinafter, the “Client”).
The sale of Equipment is only provided in case of annual contracting of the Services described in the General Terms of Contracting, in accordance with the offers published by Floorfy on its Website (the “Offer”). In the event of contracting, the Client will receive the Equipment at a determined price, enjoying the benefit of a discount applied to the cost of the contracted Services.
In the event that, having contracted the Services annually, the Client is interested in contracting the Offer at a later date, Floorfy will issue an invoice for the amount to be paid for the acquisition of the Camera, and a corrective invoice reflecting the discount on the annual price of the Services included in the Offer. These invoices will be made available to the User through their profile on the Platform.
At the moment the purchase of the Equipment is made, the Client expressly accepts and submits to these General Purchase Conditions, as well as the Terms of Use and navigation of the Website and the Privacy Policy, which together will form the applicable agreement between Floorfy and the Client (hereinafter, the “Agreement”). Therefore, it is necessary to carefully read these General Purchase Conditions before placing an order for Equipment.
The Client acknowledges having sufficient legal capacity to contractually bind themselves. If the Client is a legal entity, the contracting must be carried out through the natural person or representative with the relevant powers to contract, who will be responsible for the consequences of failure to meet this requirement.
The main characteristics of the Equipment will be specified on the Website for each piece of Equipment.
All Equipment is subject to availability. Therefore, it is possible that some of the Equipment listed herein may no longer be available for sale, although, as far as possible, Floorfy will indicate the lack of availability.
In cases where, after purchase, the Equipment acquired by the Client is unavailable, the Client will be duly informed and offered Equipment with similar or superior characteristics, price, and quality to the purchased one. The Client may decide to accept or reject the alternative Equipment and, if rejected, Floorfy will inform the Client of the refund procedures and deadlines.
The Client understands and agrees that the photographs and descriptions provided of the Equipment are for informational purposes only and may differ in color or other minor variations from the original Equipment.
Floorfy reserves the right to substitute, modify, expand, or reduce the catalog of Equipment offered.
The price of the Equipment will be the one indicated at any given time by Floorfy. The price applied to the Equipment will be the price in force at the moment the purchase is effectively made.
Floorfy reserves the right to modify published prices at any time, as well as to apply, modify, limit, or terminate any discount, in accordance with the rules and limits established by applicable law, where appropriate.
The Equipment offered on this Website may be subject to Value Added Tax or other analogous taxes, which are NOT INCLUDED in the price unless otherwise stated.
Shipping/transport costs ARE NOT INCLUDED in the price of the Equipment.
Before confirming and paying for the order, the Client will be informed of the final purchase price, which will include applicable taxes, transportation costs, and other applicable expenses.
Payments will always be made prior to shipment of the Equipment; therefore, Floorfy reserves the right not to ship the order until payment has been received, as well as the right to temporarily suspend or definitively cancel the preparation or shipment of an order due to any payment issue.
If the Client opts to pay for the Services by credit or debit card, they must provide the card details, expiration date, CVV2/CVC2 (the three (3) security digits on the back of the card), and the cardholder's name. The processing of this payment data will be managed directly by an authorized external payment service provider, with Floorfy never having access to complete card data. Information transmission is performed through secure and encrypted connections.
By providing their payment details, the Client expressly authorizes the corresponding charge through the selected payment method under the terms established in these General Terms of Contracting.
The Client agrees to receive invoices electronically. Electronic invoices will be provided in PDF format, and the User can access and download invoices from their User profile.
If the Client provides data to make the purchase, they declare that all information provided is true, complete, accurate, exhaustive, and up to date; if Floorfy doubts the truthfulness of the information provided, it may suspend or immediately close the account at its discretion and without prior notice.
The Client must keep their information and contact details updated. All transactions conducted before updating personal data will be based on the information provided up to that moment. Floorfy is not responsible for losses, delays, expenses, or damages due to the lack of authenticity or update.
Until full payment of the purchase price has been made, the Equipment will remain the property of Floorfy. The Client may not transfer, encumber, sell, or dispose of the Equipment until full payment is made. In case of non-payment, Floorfy may claim immediate return of the Equipment. In this regard, the Client authorizes Floorfy and its employees and agents to recover the Equipment in case of non-payment.
The Equipment will be delivered to the address indicated by the Client at the time of purchase within a maximum period of 7 business days for deliveries in Spain (peninsula).
However, the indicated delivery times are approximate and in no case binding for Floorfy. The delivery date will depend on Equipment availability and the shipping area and may be affected by unforeseen circumstances or factors beyond Floorfy’s control, including difficulties in delivery or other reasons attributable to the carrier.
Orders will be shipped through a courier company and will generally be delivered on business days (Monday to Friday).
Shipping costs are borne by the Client and will be included in the invoice under the concept
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If delivery cannot be made due to the Client's absence at the provided address, the carrier will contact the Client directly to arrange a new delivery.
When delivery is impossible due to an incorrect address provided by the Client, the cost of reshipping the order will be charged to the Client.
Floorfy will not be liable to indemnify the Client for damages, losses, or harm resulting from delay or total or partial failure to deliver the Equipment, whatever the cause, including force majeure, logistical failures, stock unavailability, or manufacturer or carrier incidents.
The Client must review the Equipment’s condition upon delivery and notify Floorfy in writing within a maximum period of 72 hours of any visible defects, missing components, or discrepancies with the order.
After this period without complaint, it will be understood that the Client has received the Equipment in proper condition and as agreed.
The Client acknowledges and agrees that, acting as a professional, company, or freelancer within their commercial or business activity, the right of withdrawal provided for in consumer and user regulations does not apply.
Returns of Equipment delivered under this Agreement will not be accepted, unless the return has been expressly authorized in writing by Floorfy in cases where a claim exists under clause 4.1.
Final acceptance of any return is subject to prior verification of the Equipment's condition by Floorfy.
The Client expressly acknowledges that they acquire the Equipment within the scope of their professional, business or commercial activity, so the legal warranty regime provided for in the consumer and user legislation (Royal Legislative Decree 1/2007) does not apply to them.
Consequently, the only applicable legal warranty shall be the one provided in the Civil Code regarding remedies for hidden defects, in accordance with articles 1484 and following, which must be exercised within the legally established time and manner.
Floorfy, as distributor, grants no additional commercial warranty, without prejudice to the Client being able to benefit from any commercial warranties offered directly by the manufacturer, if any. In such case, the processing of any claim or procedure must be done directly with the manufacturer, according to the terms they establish.
In such case, the warranty documentation will be delivered together with the Equipment and will include the conditions, terms, and procedure established by the manufacturer. The purchase invoice or proof of transaction shall serve as warranty evidence, so the Client must keep it during the entire coverage period to be able to exercise their rights against any manufacturing or operational defect.
The Client may contact Floorfy as an intermediary to channel commercial warranty procedures, insofar as this is possible according to the agreement with the manufacturer. Warranty excludes defects resulting from improper use, handling, drops, humidity, lack of maintenance, or intervention by unauthorized persons.
Any personal data that Clients provide during the purchase will be processed according to our Privacy Policy and, in the case of cookie acceptance, the Cookies Policy.
The purchase of the Equipment does not grant any right of use over the software, firmware, or technology incorporated beyond the standard license provided by the manufacturer. The Client agrees to respect all restrictions and conditions imposed by the rights holder.
All communication between the Parties will be carried out through the Platform that is part of the Services or, if applicable, via email to the contact addresses indicated by the Parties or by any means that proves receipt by the persons and addresses indicated.
Floorfy reserves the right to modify, at any time and without prior notice, these General Terms and Conditions of Purchase.
Such modifications will take effect on the date of their publication on the Website or, if applicable, on the date indicated.
Floorfy shall not be liable for total or partial non-compliance, nor for delays in the fulfillment of any contractual obligation, when such non-compliance or delay is due to causes beyond its reasonable control. Included, by way of example but not limitation, are: strikes, lockouts, labor disputes, supply interruptions, material shortages, pandemics, fires, natural disasters, armed conflicts, legal or administrative restrictions, governmental acts, or failures of third-party providers or carriers.
In such cases, Floorfy may, at its sole discretion, temporarily suspend the execution of the Agreement, extend delivery deadlines, or terminate the Agreement in whole or in part, without incurring any liability or compensation to the Client.
If any clause of these General Terms and Conditions of Purchase is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null or ineffective, with the rest of the Agreement remaining in effect, treating such provision, or the affected part, as if it had not been included.
The headings of the different clauses are for informational purposes only and shall not affect, qualify, or expand the interpretation of this Agreement.
The Client may not assign, subrogate, or transfer their contractual position without prior written consent from Floorfy.
The fact that Floorfy does not require the Client to comply with a condition previously breached by them shall not constitute a waiver of the future application of that clause, whose compliance may be demanded at any time.
The Client acknowledges having read, understood, and agreed to these Terms and Conditions, affirming that they are sufficient to exclude error in consent of this Agreement and, therefore, accepts them fully and expressly.
This Agreement and its execution are subject to Spanish law.
If any dispute arises regarding the interpretation or application of these contractual terms, the parties shall negotiate in good faith to try to resolve such disagreement or claim. However, if the disagreement or claim is not resolved, the Parties will submit to the courts or tribunals of the city of Barcelona.
In case of questions, inquiries, or to make any claim, the Client may contact Floorfy at any time through the following means: