Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between Joseline Guadalupe Aguiñaga Fernandez, NIE Z3639979-G, operating as Stackvio, with registered address at Calle de Alcalá 50, Planta 8, 28014 Madrid, Spain ("Company", "we", "us"), and the client entity or individual ("Client", "you") engaging our services.

By engaging Stackvio's services, submitting a project enquiry, or signing a project proposal, you agree to be bound by these Terms. If you do not agree, do not use our services.

2. Services

Stackvio provides software development, mobile application development, UI/UX design, cloud infrastructure, API development, and related digital services as agreed in the project proposal or statement of work ("SOW") signed by both parties.

The specific scope, deliverables, timeline, and price of each project are defined in the individual SOW. In the event of conflict between these Terms and a SOW, the SOW shall prevail for that specific project.

3. Project Proposals and Acceptance

All project proposals are valid for 30 days from the date of issue unless otherwise stated. A project commences upon:

• Written acceptance of the proposal by the Client; and
• Receipt of the required deposit payment as specified in the proposal.

We reserve the right to decline any project at our sole discretion.

4. Payment Terms

We accept the following payment methods:

• SEPA bank transfer (preferred)
• Credit or debit card via Stripe

Unless otherwise agreed in the SOW, the standard payment schedule is:

• Deposit: 30–50% of total project value, due before work commences.
• Milestone payments: as defined in the SOW.
• Final payment: balance due upon project delivery before final handover.

Invoices are due within 14 calendar days of the invoice date. All prices are exclusive of applicable VAT (IVA), which will be applied at the rate applicable under Spanish law.

5. Late Payment

Overdue invoices will accrue interest at a rate of 1.5% per month (18% per annum) on the outstanding balance, in accordance with Ley 3/2004 (Ley de Medidas de Lucha contra la Morosidad). Interest accrues from the day after the invoice due date.

We reserve the right to suspend work on any project where invoices are more than 14 days overdue. Suspended work will resume only upon full payment of outstanding amounts.

6. Intellectual Property

Upon receipt of full and final payment for a project, Stackvio assigns to the Client all intellectual property rights in the custom deliverables created specifically for that project, including source code, designs, and documentation.

The following are expressly excluded from the assignment and remain the property of Stackvio or their respective owners:

• Third-party libraries, frameworks, and open-source software (subject to their respective licences)
• Stackvio's pre-existing tools, boilerplate code, and internal frameworks
• Stackvio's methodologies, processes, and know-how

Stackvio retains the right to include the project in its portfolio unless the Client requests otherwise in writing.

7. Client Responsibilities

The Client agrees to:

• Provide timely feedback, approvals, and required content/assets as agreed in the SOW.
• Appoint a primary contact with authority to make project decisions.
• Ensure that any materials supplied to Stackvio do not infringe third-party rights.
• Make payments on time as specified in the SOW and these Terms.

Delays caused by the Client's failure to meet these responsibilities may result in revised timelines and/or additional costs, which will be communicated in advance.

8. Confidentiality

Both parties agree to keep confidential all proprietary information exchanged during the project engagement and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of the project for a period of 3 years. Where a separate Non-Disclosure Agreement (NDA) is signed, its terms shall apply in addition to this clause.

9. Project Changes and Scope

Any changes to the agreed project scope must be submitted in writing. Stackvio will provide a written change request detailing the impact on timeline and cost. Work on scope changes will commence only upon written approval by the Client.

Stackvio operates using agile methodologies with iterative sprints. We aim to accommodate reasonable changes within agreed sprint boundaries; material scope changes will be addressed via formal change requests.

10. Warranties and Representations

Stackvio warrants that:

• Services will be performed with reasonable skill and care.
• Deliverables will substantially conform to the agreed specifications.
• We have the right to enter into this agreement and provide the services.

Stackvio does not warrant that software will be entirely error-free or that it will operate without interruption. We provide a bug-fix warranty period as specified in the SOW (typically 30–90 days post-launch), covering defects in the agreed deliverables at no additional cost.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Stackvio's total liability to the Client for any claim arising from or related to the services shall not exceed the total fees paid by the Client to Stackvio in the 12-month period preceding the claim.

Stackvio shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

12. Termination

Either party may terminate a project engagement with 30 days' written notice. Upon termination:

• The Client shall pay for all work completed up to the termination date.
• Non-refundable deposits (as specified in the SOW) are retained by Stackvio.
• Stackvio will deliver all completed work and materials to the Client.

Either party may terminate immediately for material breach if the breach is not cured within 14 days of written notice of the breach.

13. Force Majeure

Neither party shall be liable for delay or failure to perform obligations caused by circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic, war, government action, or widespread internet outages. The affected party shall notify the other promptly and resume performance as soon as reasonably possible.

14. Governing Law and Jurisdiction

These Terms and any disputes arising from them are governed by the laws of Spain, specifically the Spanish Civil Code (Código Civil) and applicable commercial legislation. Both parties submit to the exclusive jurisdiction of the Courts of Madrid, Spain, for resolution of any disputes arising under or in connection with these Terms.

15. Miscellaneous

Entire Agreement: These Terms, together with any applicable SOW, constitute the entire agreement between the parties and supersede all prior representations, negotiations, or agreements.

Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce it in the future.

Assignment: Neither party may assign rights or obligations under these Terms without the other party's prior written consent, except that Stackvio may assign to a successor entity in connection with a merger or acquisition.

Contact: For questions about these Terms, contact us at hello@getstackvio.com or Calle de Alcalá 50, Planta 8, 28014 Madrid, Spain.