Última actualización: 12 February 2026
1. OBJETO DE LA LICENCIA
These conditions govern the granting of a non-exclusive, non-transferable, and limited license to use the BIOTFY SOLUTIONS SL software (hereinafter BIOTFY), exclusively for the purposes established in the technical proposal and in accordance with the Privacy Policy published on the BIOTFY website.
Therefore, the use of the BIOTFY software shall be governed, in addition to these clauses, by the Terms and Conditions and the Privacy Policy published on the official BIOTFY website, which form an integral part of this agreement.
The CLIENT declares to have read and accepted said texts at the time of formalizing the contract. The CLIENT and BIOTFY may be referred to jointly as the Parties or individually as a Party.
2. TERM AND TERMINATION
The license shall enter into force upon the commencement of the service and shall remain in force as long as the provision of services is maintained.
In the event of a breach of the conditions of use by the CLIENT, BIOTFY reserves the right to suspend or revoke the license without any right to compensation.
3. SCOPE OF THE LICENSE
The license permits the use of the software by the users designated in the particular conditions, including all contracted functionalities.
4. PLATFORM USE LICENSE
BIOTFY grants the CLIENT a limited, non-transferable, non-exclusive, and non-sublicensable license to use the different services of the Platform.
The License shall be rescinded by operation of law in the event of non-payment of the agreed price within the framework of the technical proposal / order form.
Given the extremely high economic and strategic value of said Platform for BIOTFY, the CLIENT undertakes and obliges itself in accordance with the following terms and conditions of use of said Platform:
- All computer elements, programs, catalog, source code, web pages, data models, images, designs, content, logos, trademarks, and any other product susceptible to being protected under applicable legislation regarding Intellectual Property, Patents, and Trademarks to which it may have access through subscription to the Platform are the property of BIOTFY or third-party holders thereof.
- The License granted under this Agreement does not constitute the purchase of the solutions used, nor of the titles, nor of the corresponding copyright.
- The CLIENT may not resell or market in any way the Services provided by BIOTFY by subcontracting them to third parties, nor transfer to third parties the rights and obligations derived from these conditions without the express written consent of BIOTFY.
- The CLIENT may not perform acts of reverse engineering, decompile or disassemble or attempt to obtain the source code, nor decipher, modify or create derivative works of the BIOTFY Software or any of its parts/computer elements that constitute the BIOTFY applications, considering such cases as a breach of the intellectual property rights of BIOTFY and third parties.
Likewise, The CLIENT undertakes to:
- Observe all rules and conditions that BIOTFY may impose regarding the use of its facilities and resources, in order to provide an optimal and adequate Service.
- Not use the Platform services for carrying out activities contrary to the laws, morality, or public order, nor use the Services for illicit, prohibited purposes or effects, harmful to the rights and interests of third parties, BIOTFY declining any liability that may derive therefrom.
- Not use the Platform to offer its own services and/or those of third parties without the prior written consent of BIOTFY, nor engage in any activity of unfair competition.
- Obtain as many consents as may be necessary from the data subjects and/or have the corresponding legitimizing basis regarding any processing and communication of the personal data of the Users that it may provide to BIOTFY in connection with the development of this Agreement.
5. INDUSTRIAL AND INTELLECTUAL PROPERTY
None of the statements contained in these Conditions or the documents referred to herein implies the assignment or transfer of any intellectual or industrial property right owned by BIOTFY, its licensors, collaborators, and the CLIENT.
Thus, by way of example, the provision of Services does not imply, either directly or indirectly, any assignment to the CLIENT of intellectual property rights of any kind over the Platform used, its source code, creations, catalogs, databases, methodologies, processes, technologies, Know-how, tools, and software as well as those products, in general, of which BIOTFY is the holder prior to the provision of the Services under these conditions, which shall be and continue to be the property of BIOTFY, with the copy, reproduction, distribution, or public communication of any of its elements being prohibited without express consent from BIOTFY.
6. ASSIGNMENT AND SUBCONTRACTING
The CLIENT shall not be authorized to assign the rights and obligations included in these Conditions or the documents referred to herein to a third party without the prior written consent of BIOTFY.
7. CONFIDENTIALITY
The Parties undertake to maintain strict confidentiality regarding the content of the particular conditions if any, as well as all information derived from the formalization thereof and the execution of the services, especially information and data belonging to the other Party and its management and operation, methods, additional services, ideas, procedures, technical, commercial, or financial information accessed both retroactively and during the execution thereof.
Likewise, the Parties undertake not to disclose said Confidential Information, nor to publish it or in any other way, either directly or through third persons or companies, unless expressly authorized.
The obligations assumed herein shall remain unchanged indefinitely even after the termination of the provision of services for any cause whatsoever.
8. PERSONAL DATA PROTECTION
Both Parties declare that they comply with the provisions of Regulation (EU) 2016/679, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and other applicable regulations regarding Data Protection.
Therefore, each Party is informed of the following: (i) the personal data of the signatories of the Agreement shall be incorporated into the files and processing owned by each of the Parties; (ii) the purpose of said files shall be the execution of the agreement as well as to provide, improve, and complete the services offered; (iv) the legitimacy with which said data is used is for the fulfillment of these contractual obligations; (vi) the duration of the processing shall extend as long as the contractual relationship lasts and, subsequently, for the applicable legal conservation periods; (v) rights granted by data protection regulations to access, limit, rectify, oppose, or port their data may be exercised.
Additionally and without prejudice to the foregoing, for the development of the services object of these conditions, when this implies the processing of personal data of the Users prior to the collection of the relevant consents on the Platform, the Parties undertake to formalize the corresponding Data Processing Agreement (DPA) published at the following link: […].
9. WARRANTIES AND LIMITATION OF LIABILITY
The CLIENT guarantees that all material uploaded, loaded, or introduced into BIOTFY does not infringe any intellectual or industrial property right, image right, or any other right that any third party may hold, being susceptible to use without any limitation.
Likewise, the CLIENT guarantees the legitimacy of the use of the data through the Platform and that it has the authorizations and consents, when necessary, to exercise said use, assuming all responsibility regarding compliance with any regulation that may be applicable, and specifically that relating to personal data protection, undertaking to hold BIOTFY harmless in the event of any claim made by third parties and to reimburse any expense that may be generated for the latter as a result of said claim (including, by way of example but not limited to, sanctions and fines applied by the competent authority).
BIOTFY shall not have the obligation to verify the information provided to it by the CLIENT for the provision of the Services, this being under the exclusive responsibility of the CLIENT.
With the exception of the guarantees legally established by Spanish legislation on the matter, BIOTFY grants no additional guarantee to those legally required.
The Platform is supplied “as is” without other guarantee, explicit or implied, including by way of example but not limited to, guarantees of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, enjoyment, and non-infringement of third-party rights, all in relation to the licensed Platform. No information, verbal or written advice that has been provided or that is provided in the future by BIOTFY and its employees shall constitute any guarantee.
BIOTFY shall not be liable for loss of profit (including, but not limited to, business interruption, loss of profit or savings), indirect or consequential damages, or for administrative or judicial actions of any kind, in relation to the provision of the Services object of this Agreement, vis-à-vis the CLIENT or third parties that may claim against the CLIENT. Nor shall it be liable for actual damages (daño emergente) and direct damages when these do not depend exclusively on actions or omissions of BIOTFY.
BIOTFY shall be exonerated from any type of liability vis-à-vis the CLIENT, its Users, and third parties that may claim against them in cases where anomalies are due to actions or omissions directly attributable to the CLIENT, third-party offerors, or Users.
In this sense, the following causes of lack of service availability are excluded from liability: i. Failures caused by applications installed on the platforms, responsibility of the CLIENT, as well as the telecommunications infrastructure owned or used by the CLIENT. ii. Those attributable to carrying out scheduled work or maintenance windows. iii. Events that are beyond the reasonable control of BIOTFY (“Force Majeure Event”).
Force Majeure Events shall include any act, event, lack of exercise, omission, or accident that is beyond the reasonable control of BIOTFY and among others, the following:
- Strikes, lockouts, or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of the use of trains, ships, aircraft, motor transport, or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
It shall be understood that the obligations shall be suspended during the period in which the Force Majeure Event continues, and BIOTFY shall have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. BIOTFY will use all reasonable means to end the Force Majeure Event or to find a solution that allows it to fulfill its obligations despite the Force Majeure Event.
iv. Acts, failures, or omissions attributable to employees, contractors, or agents of the CLIENT or third parties outside BIOTFY’s control, such as the breakdown of CLIENT equipment, hardware or software failures at the CLIENT’s facilities, and/or configuration errors by the CLIENT. v. Any interruption provided for in the regulation of the service provision or that may result from a change requested by the CLIENT. vi. Those produced by the lack of veracity and/or failure to provide the information or access necessary to solve the failure. vii. Those that are a consequence of use by the CLIENT different from the terms of use, particular conditions, and general contracting conditions of BIOTFY.
In no case shall BIOTFY be responsible for: a. costs, fines, sanctions, compensations, charges, damages, or fees derived as a consequence of the breach by the CLIENT of its obligations; b. the content, use, and publication of information and communications distributed through the Platform, as well as the use and results obtained from the Platform by the CLIENT and its users; c. the infringement by the CLIENT of any rule that may be applicable to causes or in relation to the use of the Platform services; d. the use or processing of data carried out by the CLIENT through the Platform, nor the destination given to them; e. the origin of the data and the breach by the CLIENT of the obligations established in the GDPR and implementing regulations.
10. CAUSES FOR RESOLUTION
In addition to mutual agreement, either Party may resolve the provision of services, with a notice period of one (1) month, reliable notification to the other Party at the addresses provided below being sufficient for this purpose, based on the following causes: a. If one of the Parties has breached any of the stipulations contained in these conditions and the breach is not susceptible to remedy. b. If one of the Parties has breached any of the stipulations of these conditions and, this being remediable, it is not remedied within a period of fifteen (15) days from the date of the breach. c. In the event of a change in financial conditions (assets) that jeopardize the provision of the service. d. Dissolution, liquidation, or cessation of daily activity of any of the Parties.
The breach by one Party shall entitle the other to urge the legal actions that assist it in claiming damages that may have been caused to it.
11. CHANGES IN THE GENERAL CONTRACTING CONDITIONS
BIOTFY reserves the right to modify or replace these Conditions at any time. BIOTFY will notify of any significant change through the Service or by sending an email to the main email address associated with your account. Continued use of the Service after any change in the Conditions constitutes acceptance of said changes.
12. LEGISLATION AND JURISDICTION
These Conditions must be interpreted and fulfilled in their own terms and, in what is not provided for, shall be governed by what is established in Spanish legislation.
The Parties expressly waive any jurisdiction that may correspond to them and expressly agree that any issue, claim, litigation, discrepancy, or controversy resulting from the execution or interpretation of the agreement, the conditions, or the provision of the service, or related to it, directly or indirectly, shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of the city of Málaga.