Terms of service

These terms govern the use of DameHora (damehora.com), the website for finding businesses and booking appointments, and the calendar, booking and payment program used by businesses. Part A applies to people who book. Part B, to businesses. Using DameHora means accepting the part that applies to you.

Who provides the service

• Holder: Teodoro Salas García
• Tax ID (NIF): 43141584R
• Email: info@damehora.com

Definitions

• DameHora is the website damehora.com, the businesses' app and their holder.
• Business is whoever uses DameHora to manage its calendar and offer bookings, whatever its activity.
• Customer is the person who books an appointment with a business through DameHora.
• Booking is the appointment the customer requests from a business for one or more services, on a day and at a time.

Part A. For people who book

A.1 What DameHora does

DameHora is a tool for finding businesses, seeing their services, prices and free times, and booking. The service is provided by the business, and the contract for the service you receive is between you and the business. DameHora is not a party to that contract and is not liable for how the service is provided. It is liable for its own obligations, such as the tool working and the data it processes as a controller.

Booking is free. You don't need to create an account.

A.2 How to book

• You choose a business, service, professional (or "anyone") and a free time, and leave your name, phone and email. The details must be true.
• If something suggests the booking is automated or repeated, or if you reject the reCAPTCHA cookies, we may ask you for a code sent to your email to confirm it.
• Before confirming you see the business's booking terms and its privacy policy. You receive a confirmation by email with a link to view, change or cancel the appointment and a copy of the booking terms, and a reminder about 24 hours before.
• Free times are calculated from the business's real calendar. Even so, the business may have to move or cancel an appointment for reasons beyond its control, for example illness. In that case it will contact you.

A.3 Prices and payment

Prices are set by each business and include VAT. When a service says "from", the business confirms the final price before starting, and any extra or change of service is agreed with you beforehand. You are not charged for anything you have not accepted. You pay at the business, by the means it accepts. DameHora charges nothing to people who book.

A.4 Changes, cancellations and no-shows

You can change or cancel the appointment from the link in your confirmation within the time each business sets, at no cost. After that, contact the business. If you don't turn up without notice, the business may take it into account for your future bookings. This cancellation is a condition set by the business and does not limit the rights the law gives you as a consumer, including, where applicable, the right of withdrawal.

A.5 Reviews

• Who can review. Only people who have had a completed appointment at the business, once per appointment, from the link we email them and up to 30 days after the visit. We only send that link to those who allow it when booking online.
• What "verified" means. That the review comes from a real appointment the business marked as completed. We do not check everything it says, which is the writer's experience, and an appointment the business does not mark as completed gets no invitation.
• Where it is published. On the business's page, in the DameHora directory and in the rating summaries (the average rating, the breakdown by stars and what stands out most). The average rating counts towards the directory order when the business has at least five reviews.
• What is shown. Your first name and surname initial, your rating, your text and your photos if you add any, which we check before publishing. Your phone and email, never. The business may reply in public, and its reply is shown next to your review.
• What is not allowed. Insults or hate speech, reviews that are fake or not about the visit, impersonating someone else, advertising, illegal content and publishing other people's data or images without their permission. Photos must be yours.
• Permission to show it. By publishing your review you give us a free, non-exclusive permission, while it is published, only to host it, adapt it technically (for example, photo sizes) and show it where stated. It remains yours.
• Negative reviews are published too. We publish all reviews that follow these rules, good and bad, and we do not remove a review for being negative. The business may reply to it and tell us if it thinks it breaks the rules, but it cannot delete or change it.
• Removing it yourself. You can ask us at any time to remove your review by writing to info@damehora.com from the email you sent it with.
• Reports. Anyone can tell us about a review they believe is illegal or breaks these rules, with the "Report" button on each review, which already identifies it, or by writing to info@damehora.com with its link. The report must include your name, your email, the reason and your statement that you make it in good faith and that what you report is accurate and complete. If you say it is illegal, explain why. We confirm by email that we have received it and then tell you what we decided. We do not publish your identity or tell the author.
• Moderation. A person from DameHora checks every report, without automated systems, diligently and without a fixed deadline, and decides whether to keep or remove the review or photo. We distinguish illegal content, which we remove once we know of it, from content that only breaks these rules. If we remove a review or a photo, we tell its author the facts, the rule or legal provision it breaks, what the measure covers and how to ask us to review it.
• Review of decisions. If you disagree with a decision, reply to the email in which we told you, explaining why, and we will look at it again. You can also go to court.
• What we keep of what is removed. A removed review or photo is kept unpublished only for as long as it may be needed to review the decision or handle a complaint.
• Point of contact. For everything related to reviews, including for authorities, the point of contact is info@damehora.com.

A.6 How we rank businesses

Only locations whose page is published, that the business has chosen to show, with their location marked on the map and online booking open appear in the directory. Nobody pays to appear higher.

The "Recommended" order is calculated with these criteria, in this order of importance:

• First, how complete the profile is. Five things count equally, which are a cover photo, at least six photos of work, a description in the page's language, the premises' amenities and at least three services with a price.
• Then, the average rating of verified reviews, only when the location has at least five.
• Finally, the name, in alphabetical order.

You can also sort by the first free slot, by distance or by rating. By rating, the score only counts from five reviews, and below that those with more reviews come first.

A.7 Proper use

You may not make fake bookings or bookings on someone else's behalf without their permission, use bots or automated programs to book or copy the website's content, or try to access other people's data. We may block bookings that break these rules.

A.8 Complaints

Complaints about the service received must be addressed to the business, which provides it. If you have a problem with the website or a booking, write to us at info@damehora.com and we will reply within a reasonable time. If the complaint is about the business, we will pass it on.

Part B. For businesses

B.1 Sign-up and account

The business signs up in the app through its owner, who must be of legal age and have capacity to contract on the business's behalf. The owner accepts these terms and the data processing agreement on behalf of the business. DameHora is a service for professionals. Consumer law does not apply to this part.

With its public page and the directory, DameHora provides the business with an online intermediation service within the meaning of Regulation (EU) 2019/1150 on fairness and transparency for business users. This part B includes what that regulation requires.

Each team member signs in with their own account. The business is responsible for what is done with its team's accounts and must protect their passwords and the counter PINs.

B.2 What it includes

Calendar by professional and location, online bookings with a public page for the business, handling of absences and unforeseen events, customer records, payments and products, counter mode, team and several locations, and notices and reminders by email. Locations, appointments, customers and bookings are unlimited.

B.3 Price, trial and payment

• The subscription is a monthly fee that includes up to three professionals with a calendar, plus an amount for each additional professional, according to the rates published at damehora.com/precios. A minimum of three seats is contracted. Prices do not include VAT, which is applied according to the territory of the business's tax address.
• When a free trial is offered, its length is shown at sign-up and the trial starts when the business is created. When it ends, the business decides whether to subscribe by adding a card.
• DameHora may offer a welcome promotion, a discount on the first monthly payments, to businesses that add their card during the trial. It is announced in the app with its terms and deadline, applies once per business, and DameHora may withdraw it or set an end date at any time. A business to which it has been announced keeps it until the announced deadline.
• Payment is by card through Stripe, which stores the payment details. The invoice for each charge is issued by DameHora's holder with the tax details the business enters in the app. The subscription renews each month until the business cancels it.
• The business changes the number of seats from the app. When seats are added, the proportional part of the current period is charged on the next invoice.
• If a payment fails, there is a 7-day grace period to resolve it. If it is not resolved, the subscription ends that day, the account becomes read-only, online booking closes and the period in section B.4 begins.

B.4 Cancellation and end of the subscription

The business can cancel whenever it wants from the app, with no minimum term. The subscription ends on the day the paid period ends if the business cancels, on the day the trial ends if it does not subscribe, or on the day the grace period ends if a payment is not resolved.

From that day, the business has 90 days of read-only access to review its information and ask us for a copy in a structured format, and it can subscribe again to recover its account as it was. We tell it the exact closing and deletion date. When the 90 days are over we delete its data, as the privacy policy explains, except what the law requires us to keep. Backups expire at most 15 days later.

B.5 Invoicing with VeriFactu

DameHora is not a point-of-sale or invoicing program. VeriFactu receipts and invoices are issued by Bilteo, which the business subscribes to separately and connects to its account. The business is responsible for its invoicing, taxes and the tax details it enters. DameHora only sends Bilteo the details of each sale.

B.6 Public page and reviews

The business decides whether to publish its page and whether it appears in the DameHora directory and on Google. It is responsible for the information (services, prices, opening hours, photos) being true and for having permission from the people who appear in its photos. All verified reviews from its customers are published, negative ones too, under the rules in section A.5. The business may reply to them and tell us if it thinks one breaks those rules, but it cannot delete or change them.

B.7 Customer and team data

The business is the controller of its customers' and team's data, and DameHora its processor, under the data processing agreement, which forms part of these terms. The business must inform its customers and have a legal basis for the data it keeps. If it records health data, such as an allergy, it also needs an exception under Article 9(2) GDPR, for example the customer's explicit consent.

B.8 Access to data

The business sees in the app all the data that it, its team and its customers enter when using DameHora, which is its calendar, its customers, its sales, the reviews of its locations and its page statistics (visits and bookings). It can ask us for a copy at any time.

DameHora uses that data to provide the service and for its own purposes explained in the privacy policy, such as booking security and reviews. It does not give it to other businesses or use it to compete with the business. Support access is as described in section B.10.

B.9 Restriction, suspension and termination

• Restriction means limiting part of the service, for example hiding the page from the directory or closing online booking. Suspension means blocking the account temporarily. Termination means ending the contract.
• They may be due to a breach of these terms, an unlawful use, a risk to the security of the service or of other users, or a missed payment (the latter, as section B.3 explains).
• Before restricting or suspending, or at the same time, we tell the business by email and in the app the facts, the reason and the rule we rely on. When the problem can be fixed, we give it a reasonable time to do so, and the business can reply to explain.
• To end the contract we give at least 30 days' notice with the reasons. We only do so earlier, or without notice, when a law or an authority requires it, when there is a serious risk to security or to other users, or when the business repeatedly breaches these terms.
• If the business disagrees, it can write to info@damehora.com and we will review the decision with it.

B.10 Support

Support is given in the app, under "Escribir a soporte", and by email at info@damehora.com. What you write there is read by us and also seen by the business's owner. If we need to see the business's account to solve an issue, we open a support session with a reason, which lasts at most two hours, is logged and cannot touch billing, agreements or team permissions.

B.11 Availability

We work to keep DameHora always available, but we cannot guarantee it without interruptions. There may be stops for maintenance, which we will try to do outside business hours, or because of third-party failures. There is no service level commitment unless agreed in writing.

B.12 Changes to the service and removal of features

• DameHora improves the service continuously. Minor adjustments, which take nothing important away from the business, are made without prior notice.
• Removing an essential feature, such as the calendar, online booking or customer records, or changing it so that the business loses something important, is only done for an objective reason, such as security, a law, a provider ceasing to offer it or the feature not being used. We give at least 30 days' notice, unless the reason does not allow it.
• If the business does not want to continue because of that change, it can cancel at no cost before it takes effect, and we refund the proportional part of what it paid in advance and has not used.

B.13 Intellectual property

DameHora, its program, design and brand belong to its holder. The business keeps ownership of its information, photos and texts, and allows us to use them to provide the service and show them on its public page.

B.14 Liability

DameHora is liable for providing the service diligently. It is not liable for the service the business provides to its customers, for decisions it takes with the app's information, or for indirect damage or loss of profit.

DameHora's total liability to the business is limited to the higher of these amounts, what the business has paid in the twelve months before the event causing it or twelve months of the current base fee. This limit also applies during the free trial. It does not apply to wilful misconduct or gross negligence, or to what the law does not allow to be limited, and it does not affect the rights of third parties, such as the business's customers.

B.15 Changes to the terms

If we change these terms, we will publish a new version and give at least 30 days' notice, or more if the change requires the business to adapt. We only apply a change earlier when a law or an authority requires it, or to deal with a security risk. The owner must accept the new version to keep using DameHora. If it disagrees, it can cancel before the change takes effect.

B.16 Complaints from businesses

If the business has a complaint about DameHora, about a decision that affects it or about how the service works, it can write to us at info@damehora.com. We look into it and reply within a reasonable time. As a small enterprise, DameHora is not required to have a formal complaint-handling system or to appoint mediators, but the parties may agree to go to mediation.

Law and courts

These terms are governed by Spanish law. For customers booking as consumers, the courts of their place of residence have jurisdiction. For businesses, the parties submit to the courts of the domicile of DameHora's holder.