Terms and conditions

Last updated: 13 October 2025

Terms of Use

BIOTFY SOLUTIONS S.L. (hereinafter, “Biotfy”) is an online service for monitoring and analyzing environmental data using Artificial Intelligence (AI) and Internet of Things (IoT) technologies. These terms set out the rights and obligations of the user and of Biotfy as the service provider.

Biotfy will deem that any user who uses the service has read and accepted these terms. Biotfy reserves the right to update and modify these Terms and Conditions of Use without prior notice; the current version will always be available at www.biotfy.com

Biotfy, with NIF (Tax ID) B21779905 and registered address at Calle Loma de los Riscos 59, bloque 5, 2ºM, 29620 Torremolinos (Málaga), Spain, provides the Website and its related services in accordance with the terms set out below.

This agreement is valid from the date on which the user accepts these terms, whether by ticking the acceptance box or by using the service. Any new features that may be added to the services will be subject to these Terms of Use.

If the user continues to use the service after any modification, such continued use will constitute acceptance of the modified terms. Breach of any of the Terms may result in suspension or termination of the account.

1. Account Terms

The user must provide a full name, a valid email address, and any other information required during the account creation process or service activation.

The user is responsible for ensuring that the information provided is truthful and up to date. Biotfy reserves the right to suspend or delete any account if there are indications of false information or misuse.

The user is responsible for maintaining the confidentiality of their access credentials. Biotfy is not liable for any damages or losses arising from improper use of such credentials.

2. Contract Types

Access to Biotfy may be obtained under different modalities: subscription plans, service provision agreements, or custom projects.

Each modality and its conditions (term, limits, price, or scope) will be specified in the corresponding commercial proposal or, where applicable, in the pricing section of the website.

Biotfy may unilaterally modify the fees or features of the plans, providing reasonable prior notice and without this giving rise to any right to compensation.

3. Payment and Access

The Service is billed in advance for each period and is non-refundable. There will be no refunds or credits for partial months of service, nor refunds if the user does not use the Service during the period in which the account is open. No exceptions will be made, except as expressly set out in the refunds policy at the end of this document.

The user agrees that confirmation of receipt of acceptance of the contract will not be required when the contract has been concluded exclusively by electronic means.

If the user reaches the limit of any items included in their account level (users, data volume, processing, etc.), they will not be permitted to add further items unless they upgrade their account. From that point on, the next billing cycle will be charged at the new amount, unless the account is cancelled.

In the event of non-payment or chargeback, the user will be notified of the breach and will lose access to the Service. Upon termination of the contractual relationship for any reason, including non-payment and the end of a trial period, the user’s personal and usage data will be retained for a maximum of 18 months from the date of such breach or termination, after which they will be securely deleted in accordance with applicable regulations.

Fees do not include any taxes or duties required by governmental authorities. The user is responsible for paying such taxes or obligations.

The user has the right to designate who is added to their account, with the roles they deem appropriate, if allowed by the subscribed plan.

4. Service and Plan Changes

Biotfy reserves the right to modify or suspend the Service, in whole or in part and either temporarily or permanently, at any time and for any reason it deems appropriate, with or without prior notice.

Biotfy reserves the right to change monthly fees with 15 days’ notice. Notice of fee changes will be posted on Biotfy’s website and provided in writing.

5. Cancellation and Termination

The user is responsible for properly cancelling their account. The account may be cancelled at any time by emailing info@biotfy.com

If the account is deleted (as opposed to cancelled), all of its content will be removed after thirty (30) days.

The user may cancel their account at any time, but will remain responsible for all charges incurred up to that point, including the full monthly charge for the month in which the service is suspended. Thereafter, no further charges will be made.

Biotfy reserves the right to cancel an account or prevent the use of the Software by those who do not comply with these Terms of Use.

6. Copyright and Intellectual Property

Biotfy retains all intellectual and industrial property rights over the software, algorithms, designs, documentation, and materials associated with the service, including its trade name and logos.

The user agrees not to copy, adapt, reproduce, distribute, reverse engineer, decompile, or otherwise attempt to discover any aspect of the Service owned by Biotfy.

The user also agrees and undertakes not to use robots, spiders, or other automated devices, or manual processes, to monitor or copy any content from the Service.

Data and content uploaded by the user (observations, recordings, configurations, metadata, etc.) will remain the property of the user or client entity. However, the user grants Biotfy a limited, non-exclusive licence to host and process such data solely for the purpose of providing the service and ensuring its proper operation.

7. General Conditions

The user is fully responsible for accessing and properly using Biotfy’s services and products in compliance with applicable laws, whether national or international, as well as principles of good faith, morality, good customs, and public order. Specifically, the user undertakes to diligently observe these General Terms of Use.

The user agrees not to resell, duplicate, reproduce, or exploit any part of the Service without Biotfy’s express written consent. The user may not use the Service to store, host, or send harmful or unsolicited email (spam).

Biotfy does not warrant that the service will be available at all times, error-free, or compatible with all types of third-party hardware or systems.

Neither Biotfy nor its partners nor its sponsors shall be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or in any way related to the user’s use of the Service. The user’s sole remedy for dissatisfaction with the Service is to cease using it and cancel their account.

If any provision set out herein is found invalid or unenforceable, the enforcement of any remaining provisions shall in no way be affected.

Any queries regarding these Terms should be directed to info@biotfy.com

These Terms of Use constitute the entire understanding between the user and Biotfy with respect to the Service and supersede any prior agreements between the user and Biotfy.

These Terms of Use are governed by the laws of Spain. The user and Biotfy agree to submit to the exclusive jurisdiction of the courts of Málaga to resolve any legal matters relating to these terms.

8. Security and Privacy

Biotfy undertakes to use data in accordance with the General Data Protection Regulation (GDPR) and the Privacy Policy, available at www.biotfy.com/politica-de-privacidad

Both parties undertake to keep confidential all technical or commercial information exchanged during the provision of the service, including data, documentation, configurations, or reports. This obligation continues even after the termination of the contract.

9. Usage Data and Service Improvement

To continuously improve the service and understand how the platform is used, Biotfy may collect and analyze aggregated technical usage data (for example, access frequency, session duration, number of deployments, or device activity).

This data does not allow the identification of natural persons and, therefore, is not considered personal data under the GDPR. It is used exclusively for statistical purposes and product optimization.

10. Marketing Communications

By registering or requesting information, you agree to receive informational or commercial communications from Biotfy related to its services, events, or updates.

You may unsubscribe at any time via the “unsubscribe” link included in each email or by requesting it at info@biotfy.com

11. Refund Policy

Monthly services: if within the first 14 days from service activation the client is not satisfied, they may request cancellation and a full refund of the first payment.

Annual services or projects: if within the first 30 days from activation the client is not satisfied, Biotfy will review the request and, where appropriate, offer a full refund of the amount paid.