Terms and conditions

1. Provider's details

In compliance with art. 10 of Law 34/2002 on information society services and electronic commerce (LSSI-CE):

• Company name: Portal Hero S.L.
• Email: contacto@portalhero.pro

2. Purpose and scope

These conditions govern the use of the portalhero.pro website by any visitor (section 19) and the contracting and use of the Portal Hero platform (the Platform) and its services (the Services) by the businesses and professionals that contract it (the Customer).

The particular conditions of each Customer (proposal, order or signed contract, the Order) set out the contracted modules, the price and the duration. In the event of a conflict, the Order prevails; then the Data Processing Agreement; and then these conditions.

This translation is provided for information; in case of discrepancy, the Spanish version prevails.

3. For businesses and professionals only

The Services are aimed exclusively at businesses and professionals for their business or professional activity. The Customer declares that it does not act as a consumer, and therefore the regulations on consumers and users and the right of withdrawal do not apply. These general conditions are made available to the Customer before contracting (Law 7/1998 on general contracting conditions).

4. The Services

Depending on the contracted modules, the Platform allows the Customer to publish and maintain its catalogue on the sales channels it connects, handle its buyers' messages in a single inbox, manage contacts and opportunities, and receive its orders and send them to its management system. Portal Hero is a technological intermediary: it is not a party to the sales between the Customer and its buyers, it does not sell products and it does not provide the channels' services.

5. Contracting and account

• The contract is concluded when the Customer accepts the Order, by handwritten or electronic signature. The language of the contract is Spanish. As this is a contract between businesses, the parties agree not to apply the prior information obligations of art. 27 LSSI-CE.
• Portal Hero creates the Customer's account, which designates its users and is responsible for their use. Credentials are personal and confidential; the Customer will report without delay any unauthorised access.
• To provide the Services, the Customer authorises Portal Hero to access its accounts on the channels and systems it connects, with the access it provides itself, and to act on its behalf on them according to the configuration it chooses. It may revoke that authorisation at any time; the functions that depend on it will stop working.

6. Price and payment

• The price is that of the Order and does not include taxes, unless otherwise stated. Portal Hero invoices monthly by email and payment is made by bank transfer within the invoice term.
• Late payment accrues the default interest of Law 3/2004. If the non-payment lasts more than 15 days, Portal Hero may suspend the Services until it is settled.
• Price changes are communicated by email 30 days in advance and apply from the following billing period; the Customer may terminate the contract before they come into force, without penalty.
• The commissions and fees of the channels and of the messaging and telephony providers are not included, unless the Order states otherwise.
• There are no refunds of periods already invoiced, except for breach by Portal Hero.

7. Customer's obligations

The Customer undertakes to comply with the rules of each channel it connects; to sell only lawful products with truthful information and to comply with its buyers with the regulations applicable to it as a seller; to hold rights over the content it synchronises; to comply with data protection regulations towards its buyers and contacts (section 13), including informing them that calls are recorded and that they may be speaking with an AI; not to send unsolicited commercial communications or use the Platform for spam, fraud or impersonation; and not to compromise the Platform (unauthorised access, overload, reverse engineering, resale of access or creation of a competing service).

If the Customer seriously breaches these obligations or puts the Platform, other customers or Portal Hero's integrations at risk, Portal Hero may suspend the affected function or the account, giving prior notice where possible.

8. Third-party channels

Portal Hero is not affiliated with the channels it integrates, whose interfaces may change, be limited or be withdrawn. Portal Hero will adapt the integrations within a reasonable time, but it is not liable for the channels' decisions on the Customer's accounts or listings (except for Portal Hero's error), for the interruption or changes to their interfaces, or for the fees and conditions they apply to the Customer.

9. Artificial intelligence functions

• AI-generated content may contain errors. The Customer decides whether to activate the assistant, configures its rules and is responsible for the content sent on its behalf; it must review what the AI produces, especially prices, deadlines and conditions.
• People who converse with the assistant must know that they are interacting with an AI (art. 50 of Regulation (EU) 2024/1689). The Customer, as the party responsible for the relationship with its buyers, must inform them and not present the assistant as a person; Portal Hero may include that identification in the conversations.
• The Customer may not use the AI functions for practices prohibited by art. 5 of that Regulation.

10. Intellectual property

The Platform, its software, design, documentation and trademarks belong to Portal Hero or its licensors; during the contract the Customer receives a limited, non-exclusive and non-transferable licence of use for its activity. The Customer retains the rights over its catalogue, photos, trademarks and data, and authorises Portal Hero to use, adapt, translate and publish them only to provide the Services and for the duration of the contract. Portal Hero may use the non-personal technical information generated when operating the Services to improve the Platform, without disclosing the Customer's confidential information.

11. Availability and support

Portal Hero uses reasonable means to keep the Platform continuously available, but it does not guarantee an uninterrupted service or offer a service level agreement unless the Order expressly includes it. Maintenance downtime is notified in advance where possible. Support is provided by email at contacto@portalhero.pro on working days and office hours in Spain, and through the channels indicated in the Order. The Platform evolves: if Portal Hero withdraws or substantially degrades a contracted function, it will give 30 days' notice and the Customer may terminate the contract without penalty.

12. Confidentiality

Each party will keep confidential the non-public information of the other that it learns through the contract, will use it only to perform the contract and will protect it with the same diligence as its own, during the contract and for three years afterwards.

13. Data protection

The data of the Customer and its users are processed by Portal Hero as controller, in accordance with the Privacy Policy. The data of the Customer's buyers, leads and contacts are processed by Portal Hero as processor, in accordance with the Data Processing Agreement (art. 28 GDPR), which forms part of the contract, is provided upon contracting or on request at contacto@portalhero.pro and is deemed accepted with the Order. The Customer guarantees that it has a legal basis for the processing it entrusts and that it informs its buyers and contacts.

14. Liability

• Each party is liable for the damage it causes to the other by breaching the contract. Neither is liable for loss of profit or indirect damage.
• Portal Hero is not liable for the content and data provided by the Customer, for use of the Platform contrary to these conditions, for the misuse of its credentials, for the actions of third-party channels (section 8) or for cases of force majeure.
• Portal Hero's total liability arising from the contract will not exceed the amount paid by the Customer in the month prior to the event that gives rise to it. These limitations do not apply in the case of wilful misconduct or gross negligence or where the law does not allow liability to be limited.
• The Customer will hold Portal Hero harmless against third-party claims caused by its content, its products or its breach of these conditions.

15. Force majeure

Neither party is liable for breaches caused by events beyond its reasonable control. The affected party will give notice and do what is reasonable to reduce their effects.

16. Duration and termination

• The duration is that of the Order; if it does not state otherwise, the contract is monthly and renews automatically. Either party may terminate a monthly contract by giving email notice 15 days before the following period.
• If a party seriously breaches and does not remedy it within 15 days of being required to do so in writing, the other may terminate the contract.
• On termination, access to the Platform is closed and the channels stop being synchronised. Before termination, the Customer may request that the listings published through Portal Hero be withdrawn and export its data; the listings that remain published in its accounts afterwards are its responsibility. Portal Hero will delete or return the Customer's data within a maximum of 30 days, except for those it must retain by law. Sections 10, 12, 14 and 18 remain in force after termination.

17. Changes to these conditions

Portal Hero may amend these conditions by giving email notice 30 days in advance. The Customer may terminate the contract before they come into force, without penalty; if it continues to use the Services afterwards, the new conditions apply. The date of the latest version appears at the beginning.

18. General provisions

• The Customer may not assign the contract without Portal Hero's consent; Portal Hero may assign it to a company in its group or to whoever acquires its business, giving notice to the Customer.
• Notices are made by email to the addresses in the Order or the account.
• If a clause is void, the rest remains in force and the clause is replaced by a valid one as similar as possible.
• The contract is governed by Spanish law. The parties submit to the courts and tribunals of Barcelona, waiving their own jurisdiction.

19. Use of the website

The content of the portalhero.pro website belongs to Portal Hero or its licensors and may not be reproduced for commercial purposes without authorisation. The examples and figures that appear on the website are illustrative and do not constitute a binding offer. Links to third-party websites are offered for convenience; Portal Hero does not control or take responsibility for their content. The processing of data on the website is explained in the Privacy Policy and the Cookie Policy.