Terms and conditions

Translation. This text is a translation provided for convenience. The Spanish version is the authoritative one and prevails in case of any discrepancy (https://atrazos.app/terminos?lang=es)

These terms govern the use of A Trazos (the app for workshops and the website https://atrazos.app), a service of [TITULAR: nombre y apellidos o razón social] (tax ID (NIF) [NIF], [DOMICILIO]; “we”). They have three parts:

• Part I: the contract with the workshops that use the app.
• Part II: the terms of use of the website for workshops’ customers and any visitor.
• Annex: the data processing agreement (article 28 of the General Data Protection Regulation, GDPR) between each workshop and us.

The Content and conduct policy (https://atrazos.app/normas) forms part of these terms. The Privacy policy (https://atrazos.app/privacidad) explains how we process personal data.

PART I. Terms of service for workshops

1. Subject matter and parties

A Trazos is a tool for workshops that make to order: orders, catalogue, work capacity, dates, designs, progress photos, recorded payments and a public showcase where the workshop displays its products and receives requests.

“Workshop” means the natural or legal person who opens an account for their professional activity, and “team” means the people to whom the workshop gives access. The workshop enters into the contract as a trader or professional, within its commercial, craft or trade activity. For that reason, consumer protection legislation does not apply to the relationship between the workshop and us, and the workshop declares that it is not acting as a consumer.

2. Acceptance and capacity

To open a workshop account you must be of legal age and have the capacity to enter into contracts; anyone who opens it on behalf of a company declares that they are authorised to represent it. The contract is concluded when you register and accept these terms in the app. We keep a record of the version you accept and of when you do so.

The workshop is responsible for what its team does in the app and for giving each person the access that is appropriate for them.

3. A Trazos is a platform, not the seller

With regard to what the workshop publishes (showcase, products, photos, prices, terms) and what its customers send, we are an intermediary service provider that hosts data (article 16 of Ley 34/2002 (LSSI-CE, the Spanish Information Society Services and Electronic Commerce Act) and article 6 of Regulation (EU) 2022/2065, the Digital Services Act). This means that:

• The workshop sells in its own name. The contract for each order is between the workshop and its customer. We are not a party to it, we do not set prices or deadlines, we do not collect or handle payments on behalf of the workshop and we are not liable for the product, its delivery, its defects or its return.
• We do not monitor what is published in advance, nor do we have a general obligation to do so (article 8 of the DSA). We may review content on our own initiative without that changing the above (article 7 of the DSA).
• When we obtain actual knowledge of content that is illegal or that breaches the Content and conduct policy, we act as that policy explains.

4. The workshop’s obligations as a seller

The workshop is solely responsible for complying with the law that applies to its activity and its sales. In particular, it must:

• Identify itself to its customers (name or company name, tax ID (NIF), address and contact details), in its showcase or in its terms, as required by article 10 of the LSSI-CE.
• Give its customers, before they enter into a contract, the pre-contractual information required by the Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU, the Spanish consumer protection act; article 97 for distance contracts): the characteristics of the product, the final price including taxes, delivery costs, delivery times, method of payment, guarantees and the right of withdrawal.
• Give clear information about the 14-day right of withdrawal and its exceptions. In particular, the law allows there to be no right of withdrawal when the product is made to the customer’s specifications or is clearly personalised (article 103.c of the TRLGDCU); if the workshop relies on that exception, it must say so before the customer places the order. We do not grant or guarantee that right: it is an obligation of the workshop.
• Be liable for the legal guarantee on its products (three years for goods, under the TRLGDCU).
• Comply with the rules on product safety (Regulation (EU) 2023/988, the General Product Safety Regulation), on labelling and any sector-specific rules that apply: food and allergens (Regulation (EU) No 1169/2011) if it makes baked goods or confectionery, cosmetics (Regulation (EC) No 1223/2009) if it makes soaps or creams, toys, textiles and any others.
• Comply with its tax and invoicing obligations.
• Have its own terms of sale that are truthful and lawful. The app lets it publish them in its showcase (atrazos.app/w/…/condiciones) and ask its customers to accept them; they are the workshop’s terms, not ours, and the workshop is responsible for them.

5. The workshop’s content and licence

The workshop keeps all its rights over what it publishes or uploads. So that we can provide the service, it grants us a non-exclusive, royalty-free, worldwide licence limited to the life of the account to host, reproduce, technically adapt (for example, change the size or format of a photo, or generate the image that appears when a link is shared) and display that content in its showcase, on the order pages and in the app. The licence ends when the workshop removes the content or closes the account, except for backups during their normal cycle and what we must keep by law.

6. The workshop’s warranties about its content

The workshop warrants that:

• It holds the necessary rights over everything it publishes (photos, texts, designs, names, trade marks, characters, crests or logos) or licences from their owners, and that none of it is a counterfeit, replica or imitation or infringes the intellectual or industrial property rights of third parties.
• What it sells is lawful and complies with the rules that apply to it.
• The information about its products and prices is truthful and not misleading.
• It has the consent of the people who appear in its photos (and of their parents or guardians if they are minors), and it processes its customers’ data lawfully.
• When a customer asks it to reproduce someone else’s design, character or trade mark, the workshop decides whether to do so and is responsible for it; the fact that the customer asks for it does not make lawful what is not.

7. Content and conduct policy

The Content and conduct policy (https://atrazos.app/normas) says what may not be published or sold, how to notify us of illegal content, how we handle it and what measures we may take. It is binding on the workshop and its team.

8. Removal of content and suspension

If any content or conduct breaches the law, these terms or the Content and conduct policy, we may, in proportion to the seriousness, repetition and intent: hide a product, unpublish the showcase, remove content, restrict features or suspend or close the account, temporarily or permanently.

When we do so, we will send you a statement of reasons (article 17 of the DSA): what we have restricted and for how long, the facts we rely on, whether it was in response to a notice or on our own initiative, the legal provision or the rule of the Content and conduct policy that has been breached and how you can appeal. You can ask us to review the decision by writing to legal@atrazos.app; you can also go to the courts.

If there is a serious or urgent risk (for example, child abuse, a risk to people’s life or safety, or fraud in progress), we may act immediately and give you the explanation afterwards.

9. Proper use of the service

The workshop and its team must not: access other people’s accounts or data; circumvent security measures; extract data by automated means; overload the service; use the showcases or order pages to send unsolicited advertising; or use the service for unlawful purposes. Each person is responsible for keeping their credentials safe and for telling us if they suspect that someone has used them.

10. Artificial intelligence features

Some features use artificial intelligence to propose texts, such as a summary of orders or a suggested reply to a customer. They are suggestions: they may contain errors and the workshop must review them before using or sending them. Do not enter health data or other special categories of data into them unless it is essential. The Privacy policy explains what data is sent and to whom.

11. Data protection

With regard to the data of its account and its team, we are the controller. With regard to its customers’ data, the workshop is the controller and we are its processor, under the terms of the Annex. The workshop must inform its customers of how it processes their data and that it uses A Trazos as a provider; the A Trazos Privacy policy does not replace the information the workshop must give.

12. Availability and changes to the service

We work to keep A Trazos available and working well, but we cannot guarantee that there will be no interruptions or errors, especially during the current testing phase. We may improve, change or withdraw features; if we withdraw something significant, we will give you reasonable notice. We make backups, but we recommend that you keep your own records of anything essential to your business.

13. Price

During the current phase the service is free of charge. If in the future it becomes a paid service, we will give you at least 30 days’ notice, with the price and the terms, and you will be able to close your account before any charges start. We will never charge you without your agreement.

14. Liability

We are liable for the damage we cause by breaching these terms, subject to these limits, which the workshop accepts as a trader:

• We are not liable for what the workshop publishes or for its sales, or for the content or acts of third parties, except under the terms of article 16 of the LSSI-CE.
• We are not liable for loss of profits, loss of business, of customers or of data that the workshop could have avoided, or for indirect damage.
• Our total liability for all of a workshop’s claims in one year will not exceed the greater of these amounts: what the workshop has paid us in the previous twelve months, or one hundred euros.

Nothing above limits our liability for wilful misconduct or gross negligence, for personal injury or in cases where the law does not allow it to be limited.

15. Indemnity

The workshop will indemnify and hold harmless the owner of A Trazos against any third-party claim (from rights holders, the workshop’s customers, authorities or others) arising from the content the workshop publishes, from its products or sales, or from its breach of the law, of these terms or of the Content and conduct policy. This includes any compensation and penalties imposed and reasonable defence costs, including the fees of lawyers and court representatives (procuradores). We will let you know as soon as we receive the claim, allow you to take part in the defence and not reach settlements that affect you without consulting you.

16. Term and closing your account

The contract lasts for as long as the account is open. The workshop can close its account whenever it wants from the app; the account is deactivated and deleted after 30 days, and during that period the workshop can change its mind. Before you leave, you can ask us for a copy of your data.

We may terminate the contract by giving you 30 days’ notice, or immediately if you seriously or repeatedly breach the law, these terms or the Content and conduct policy.

On termination, the showcase is no longer published, your customers’ order pages stop working and we handle the data as set out in the Annex.

17. Changes to these terms

We may amend these terms to adapt them to legal, technical or service changes. If the change is significant, we will let you know in the app at least 15 days before it takes effect, unless a law or a security reason requires it to happen sooner, and we will ask you to accept it. If you do not agree, you can close your account before it takes effect.

18. Communications

We will write to you through the app and to your account’s email address. You can write to us at soporte@atrazos.app about the service and at legal@atrazos.app about legal matters.

19. Applicable law and courts

This contract is governed by Spanish law. For any dispute between the workshop and us, both parties submit to the courts of the place where the owner of A Trazos is domiciled, waiving any other jurisdiction.

20. Other clauses

If a court declares any clause void, the rest remains in force. Our not exercising a right at any given time does not mean that we waive it. The workshop may not assign this contract without our consent; we may assign it to whoever continues to provide the service, giving you notice beforehand. These terms, the Content and conduct policy and the Annex are the entire agreement between the workshop and us regarding the service.

PART II. Terms of use of the website for customers and visitors

21. What this website is

At https://atrazos.app workshops display their showcases and share their order pages with their customers. You do not need to register or install anything. Using the website is free of charge.

22. Your purchase is with the workshop

When you send a request from a showcase, you are sending it to the workshop. The workshop decides whether to accept it, confirms the price, the timescales and the delivery method with you, and it is with the workshop that you enter into the contract. If the workshop has published terms of sale (atrazos.app/w/…/condiciones), those terms (the workshop’s) govern your purchase.

A Trazos is not a party to that purchase: it does not sell, charge, make or ship anything, and it is not liable for the product, its delivery, its defects or its return. For any question about your order, contact the workshop.

23. Your rights as a consumer

You have your rights as a consumer against the workshop: to receive information before you buy, the three-year legal guarantee and, for distance purchases, the 14-day right of withdrawal. Bear in mind that the law allows that right to be excluded when the product is made to your specifications or is clearly personalised (article 103.c of the Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios, TRLGDCU); the workshop must tell you about this before you place the order. This information is for guidance only and is not a promise from us: what applies to your purchase is the law and the workshop’s terms.

24. Proper use

By using the website you undertake to give true information, not to send requests on behalf of another person without their permission, not to use automated means to submit forms and not to try to access orders that are not yours. The link to your order is personal: do not share it.

25. Illegal content

The Content and conduct policy (https://atrazos.app/normas) explains how we handle notices. If you see something in a showcase that is illegal or breaches our rules (for example, counterfeits, a fraud or the use of another person’s data or images), let us know at https://atrazos.app/denunciar

26. Our liability

We host the workshops’ content and are liable for it only under the terms of article 16 of the LSSI-CE: if we obtain actual knowledge that something is illegal, we act expeditiously to remove it. Nothing in these terms limits the rights the law gives you as a consumer.

27. Applicable law

These terms are governed by Spanish law. If you are a consumer and live in another country of the European Union, you keep the protection of the mandatory rules of your country and you may go to the courts of your place of residence.

ANNEX. Data processing agreement (article 28 of the GDPR)

A.1. Parties and subject matter

The workshop is the controller of the personal data of its customers and of the other people whose data it records in A Trazos. The owner of A Trazos is its processor. This annex forms part of the contract in Part I, is accepted together with it and, in matters of data protection, prevails over the rest of the terms.

A.2. What processing we carry out on behalf of the workshop

• Nature and purpose: hosting, storing, organising, displaying and transmitting the data in order to provide the service: managing orders and customers, publishing the showcase and the order pages, receiving requests, notifying the workshop and, when the workshop uses them, processing the data with the artificial intelligence features.
• Types of data: identification and contact details (name, phone number, email address, social network username), delivery address, order details and dates, comments, designs and photos (which may show people), recorded payments, acceptance of terms and technical data (IP address transformed into an irreversible code).
• Data subjects: the workshop’s customers and prospective customers, recipients of deliveries and people who appear in the photos.
• Duration: that of the contract in Part I, plus the erasure period in point A.8.

A.3. Instructions

We process the data only on the workshop’s documented instructions. These terms and the workshop’s use of the app’s features are the workshop’s instructions. If an instruction seems to us to be unlawful, we will tell the workshop. We do not use the data for our own purposes, except for what is strictly necessary to protect the service against abuse and to comply with the legal obligations imposed on us by Union or Spanish law.

A.4. Confidentiality and security

The people who process the data on our behalf are bound by confidentiality. We apply technical and organisational measures appropriate to the risk (article 32 of the GDPR), including: encryption of communications, separation of each workshop’s data, access control with individual credentials, secret order links and backups.

A.5. Sub-processors

The workshop gives us general authorisation to engage sub-processors in the categories listed in the Privacy policy (https://atrazos.app/privacidad). The up-to-date list of sub-processors, with their identity and where they process the data, is available to the workshop, which may request it at any time at privacidad@atrazos.app. We impose on them by contract the same data protection obligations that we take on here and we are liable to the workshop for them. We will give notice in the app of any addition or replacement of a sub-processor at least 15 days in advance; if the workshop objects on reasonable grounds and we cannot find a solution, it may close its account.

A.6. International transfers

Some sub-processors process data outside the European Economic Area. They do so only with the safeguards of Chapter V of the GDPR explained in the Privacy policy.

A.7. Assistance to the workshop

We assist the workshop, as far as possible, in responding to its customers’ requests to exercise their rights: the app lets it correct, anonymise and delete data, and we will pass on to it without delay any request that reaches us directly. We also assist it in meeting its obligations regarding security, breach notification and, if necessary, data protection impact assessment and prior consultation (articles 32 to 36 of the GDPR).

If we suffer a security breach affecting the workshop’s data, we will notify the workshop without undue delay and, in any event, within 48 hours of becoming aware of it, with the information available so that it can meet its own obligations.

A.8. On termination of the contract

When the workshop closes its account or the contract ends, we erase its customers’ data after 30 days, unless it asks us for a copy before then, and except for anything a law requires us to keep, which we will keep blocked. Backups are erased in their normal rotation cycle.

A.9. Information and audits

We will make available to the workshop the information necessary to demonstrate that we comply with this annex and will allow reasonable audits, carried out by the workshop or by an auditor it appoints, with at least 30 days’ prior notice, during working hours, at its own expense and without access to other workshops’ data.

A.10. The workshop’s obligations

The workshop must have a legal basis for processing its customers’ data, inform them in accordance with articles 13 and 14 of the GDPR (including the fact that it uses A Trazos as a provider), not upload unnecessary data or special categories of data without need, and give us lawful instructions.