Terms of Service v3

HacknPlan Terms of Service v3, effective date: December 11th, 2023. Previous versions: v2 v1

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This document covers the following topics:

1. Identification of the parties
2. Purpose
3. Prices of HacknPlan plans and subscription plan change
4. Procedure for contracting HacknPlan services
5. Promotions
6. Other service conditions
7. Guarantees and Responsibilities
8. Customer Support and Assistance to the User
9. Modification of contracting conditions
10. Rights and Obligations of Mad Cactus Digital
11. Rights and obligations of the User
12. Link Policy
13. Liability Regime
14. Intellectual and industrial property
15. Processing of personal data
16. Subcontracting
17. Modification of services
18. Claims
19. Right of withdrawal
20. Applicable law and competent jurisdiction

Preliminary: For the purposes of these Terms of service, the following expressions shall have the meanings detailed below:

HacknPlan: a SaaS (Software as a Service) web tool for project management designed for professionals in the video game industry. It is accessible through a web browser and enables collaborative project planning with other members, providing access to different functionalities and/or services based on the subscribed plan and offered through the website https://app.hacknplan.com/. 

Mad Cactus Digital: the company that owns HacknPlan, and whose information is provided below.

User: an individual or legal entity that registers with HacknPlan to create or collaborate/participate in one or more Projects.

Owner: a User who creates Projects and manages teams of Users using HacknPlan.

Project(s): the project(s) that the Owner registers in HacknPlan, so that the invited Users can collaborate in it according to the permissions granted to each one of them.

1. Identification of the parties:

The agreement to use HacknPlan is entered into between you or the entity you represent, as the User, and the business entity Mad Cactus Digital, S.L., with registered office at c/ de la Alameda nº 22, 28014, Madrid (Spain), and tax ID number (NIF) B10709020, duly registered in the Madrid Commercial Registry under volume 4339, folio 190, section 8, sheet M-768841. Hereinafter referred to as “Mad Cactus Digital“.

Hereinafter, each party may be referred to as “Party” or collectively as “Parties”.

Mad Cactus Digital owns the registered and current trade name “HacknPlan” before the Spanish Patent and Trademark Office with file number N0408300.

You can contact Mad Cactus Digital directly and effectively at the email address contact@hacknplan.com. 

By accepting these Terms of service, you declare that you are of legal age, have read and understood their contents, have sufficient capacity to be bound by them, on your behalf or on behalf of any legally constituted natural or legal person.

We inform you that certain aspects of the service may be subject to specific conditions which, in each case, and previously accepted by the Parties, will replace, supplement, and/or modify these terms of service. In case of contradiction, those specific conditions shall prevail over these Terms of service.

Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCYU), shall apply only to the User who acts for purposes unrelated to his/her commercial activity, business, trade or profession.

2. Purpose: 

HacknPlan is a web-based SaaS (Software as a Service) project management tool for professionals in the video game industry. It is accessible through a web browser and enables collaborative project planning with other members, with access to various features and services depending on the subscription plan contracted and provided through the website https://app.hacknplan.com/.

HacknPlan services are offered with the freemium formula, consisting of offering a basic service for free, while other more advanced or special services are subject to payment of a fee.

The free plan and the various paid plans will provide you access to the features detailed below as included in the corresponding plan:

3. Prices of HacknPlan plans and subscription plan change

3.1. Price of HacknPlan plans:

The price of HacknPlan plans is publicly displayed on  https://hacknplan.com/pricing. 

Those prices do not include the legally applicable VAT, if any:

Mad Cactus Digital reserves the right to modify prices upwards or downwards, including the possibility of turning the free Personal plan into a paid plan. Such changes will be notified at least 60 days in advance of the effective date of such modification.

The monthly or annual fee charge will be made on the credit/debit card of the User, whose data have been provided during the payment service contracting process, the first one being at the time of contracting and the following ones on the same day of the successive months or years, as applicable.

3.2. Change of subscription plan:

You can change your subscription plan at any time in accordance with the stipulations of this section:

If you change from a free plan (Personal) to any paid plan (Personal Plus or Studio), the billing cycle will start to be counted from the date you subscribe to the corresponding paid plan.

If you want to switch from one paid plan to a higher one, or add seats in Studio, you will have to pay, at the time of contracting the higher plan, the amount of the corresponding billing cycle minus the proportional part of the price corresponding to the unused time of the lower plan.

If you want to switch from a higher to a lower payment plan, or reduce seats, a credit will be added to your User Account for the amount corresponding to the proportional part of the period (contracting cycle) of the higher plan not used, which will be compensated with the price that you should pay for the lower plan contracted, until the credit is used up. This compensation will be reflected in the corresponding successive invoices.

No refunds are made for ongoing billing cycles, either monthly or yearly. For this reason, annual billing cycles are more economical, because you contract the tool with a one-year permanence. In case of changing from an annual plan to a monthly plan, a credit will be added to your User Account for the amount corresponding to the proportional part of the annual period not enjoyed and will be compensated with the price of the contracted monthly plan, until the credit is used up. Such compensation will be reflected in successive monthly invoices.

The contracting of the “HacknPlan Educational” plan cannot be done online, being necessary to contact Mad Cactus Digital for this purpose.

3.3. Free trial period conditions:

Mad Cactus offers you the possibility to try once any of the payment plans whose hiring can be purchased online (“HacknPlan Personal Plus” or “HacknPlan Studio”) for a maximum period of 30 calendar days.

Once this period has elapsed, the plan contracted by the User will revert to the free plan “HacknPlan Personal”, maintaining only the information and actions that are compatible with the free plan.

If you cancel the trial period before its end, you will not be able to activate it again.

It is noted that the trial period can only be enjoyed once by the same User, so any fraudulent behavior detected by Mad Cactus Digital, will entitle it to cancel the trial period and if necessary, block the account/s used by the User to access HacknPlan.

4. Procedure for contracting HacknPlan services: 

Currently, the contracting procedure may be carried out exclusively in English.

Mad Cactus Digital will not keep a copy of these conditions linked to the contract, so we recommend that you keep a copy of them. However, Mad Cactus Digital will send you a copy of the current contracting conditions at the time of subscribing to the services.

Mad Cactus Digital does not have technical means to identify and correct errors in the input of your data, except for detecting whether any necessary field for processing the request is pending to be filled or if the tax identification number or bank details provided in the contracting of payment services are incorrect.

In order to use HacknPlan’s services, it is essential to register as a User.

4.1. Registration as a User: 

To proceed with the registration as a User, you must click on the “SIGN UP” button and provide your data through any of the following options:

a) If you register with your email:

You will be asked for a username (not already registered with HacknPlan), your full name and email address and a password, which will be stored in encrypted form.

In that case, we will send an email to the provided address with a link to verify it and activate your User Account by clicking on the link. 

Your access credentials for HacknPlan will be your username or email address and the password.

b) If you register through social logins: 

You can sign up using your account on a social network or platform whose social login is active on HacknPlan (for example, Google or Github). 

In this case, the corresponding platform will provide us with your email address, profile picture, and name with a unique identifier associated with your User profile on HacknPlan.

To do this, you must log in to that social network or platform and accept the permissions that you grant to Mad Cactus Digital through it, which will allow the HacknPlan application to access the aforementioned information in order to provide the contracted service.

The permissions may vary depending on the social login platform or social network through which you register in HacknPlan.

We will provide you with information regarding the processing of personal data, which will be carried out in accordance with the provisions of the Privacy Policy, as well as these terms of service, which you must read and, if you agree, accept by checking the box provided for that purpose.

After successfully completing the registration process, the HacknPlan system will send you an email to the address provided during registration with a link to verify it. You will need to click on the link to complete the verification process.

Once you have verified your email address, you can access HacknPlan through the sign in page by providing the username or email address and password you provided during registration.

4.1.1. Accuracy of the provided data:

As a user of HacknPlan who has requested registration, you are solely responsible for ensuring that the provided data is up-to-date, complete, accurate, and truthful. Mad Cactus Digital disclaims any responsibility for non-compliance with these requirements in relation to your registration.

If you detect any errors in the provided data, you must proceed to rectify them as soon as possible through your User Account or by contacting Mad Cactus Digital at the specified email address.

4.1.2. User access credentials: 

The user access credentials (email and password) are confidential. Therefore, you must exercise diligence in their use and safekeeping to prevent unauthorized third-party usage. Consequently, you are obligated to immediately notify Mad Cactus Digital in the event of loss of your access credentials or any potential breach of their confidentiality. Otherwise, you must assume responsibility for any damage or harm caused by verified access through your passwords.

In the event that you don’t remember your password, you can enter your email address to create a new password.

If you don’t remember the email address you provided during the registration process, you should contact Mad Cactus Digital at the specified email address, explaining the incident. Mad Cactus Digital will get in touch with you and may request relevant documentation (ID card, passport, tax identification number, deeds of constitution, power of attorney, or any other necessary documents) to verify your identity as a user and, if necessary, restore your access to HacknPlan. This process is implemented to ensure the security of the service provision.

4.2. Access to paid services: 

To access HacknPlan’s paid services, once you have verified your registration as a User, you must follow the following steps:

In your User Account, click on the “Settings” button and on “Subscriptions” to access the list of available paid subscriptions (PERSONAL PLUS and STUDIO).

Then select the subscription plan that best suits your needs:

a) If you select HacknPlan Personal Plus, you need to indicate:

The billing period (monthly or annually) at the indicated price. The applicable legal VAT will be added to this price.

The name of the Team.

If you want to contract additional storage at the indicated additional price.

b) If you select HacknPlan Studio, you need to indicate:

The billing period (monthly or annually) at the indicated price per user. The applicable legal VAT will be added to this price.

The name of the Studio.

The number of user seats.

If you want to contract additional storage at the indicated additional price.

In either case:

If you have a discount code as part of any promotion, you can enter it (discount codes are not cumulative).

You will have to read these terms of service and if you agree, check the acceptance box provided for this purpose.

Once you have accepted the Terms of service, you will need to provide the billing information and proceed with payment using a credit or debit card.

The payment methods will be subject to verification and authorization by the issuing entity. If the payment is not authorized by the entity, the subscription will not be activated. You guarantee that you have full authorization to use the payment method during the subscription payment process.

Once you have successfully completed the subscription to the corresponding payment plan, you will have access to the services associated with it.

4.3. User Account in HacknPlan: 

Through your User Account in Hacknplan, you can manage your account and access the services offered by HacknPlan, based on the subscription plan you have chosen.

4.4. Duration and termination of service: 

You will be able to maintain your User Account in HacknPlan indefinitely for the “HacknPlan Personal” (free) plan, in accordance with the terms of service outlined.

For the rest of the paid plans in HacknPlan, you will have access to their services as long as you are up to date with the payment of the price and during the contracted monthly or annual period.

You can unsubscribe from the paid subscription service by requesting it at any time. You will be able to continue using the service until the end of the contracted period (monthly or annual), and no charges will be made for the following period.

If you wish, you can delete your User Account through the platform itself. This action will permanently remove your User Account in HacknPlan, as well as all the associated data and your Projects. Please note that this action is irreversible.

The early termination of the contract may also occur if any of the causes for termination of the contract provided for in the applicable legislation or in these Terms of service occur.

Mad Cactus Digital may withdraw or suspend the provision of services at any time and without prior notice in the event of non-compliance with any of the obligations assumed under these Terms of service. Mad Cactus Digital reserves the right to claim damages that may arise from such non-compliance.

You must withdraw the permissions granted to HacknPlan through each social network or platform (e.g., Google or GitHub) directly within each respective social network or platform.

4.5. Billing: 

Mad Cactus Digital will issue the corresponding invoice detailing the Value Added Tax (VAT) and withholding taxes, if any, that may apply according to the applicable rate at any time, being necessary for this purpose that you provide your complete billing information.

You expressly consent to Mad Cactus Digital issuing the electronic invoice. The electronic invoice will be made available to you through your User Account and will also be sent to you via email.

The User who is considered a consumer can revoke that consent by sending an email to the previously indicated email address expressly stating their intention to revoke the consent for the issuance of electronic invoices.

4.6. Denial of Service Access: 

Mad Cactus Digital may deny you access to HacknPlan as a User in any of the following cases:

• Verifies that the provided data is false, incomplete, and/or inaccurate.
• The activity carried out does not comply with these Terms of service and/or it is found that the activity conducted by you jeopardizes the proper functioning of the service for Mad Cactus Digital or for other Users.
• There is an outstanding payment amount with Mad Cactus Digital.
• The activity carried out disrupts, interferes with, distorts, or damages the equipment or systems assigned to Mad Cactus Digital or third parties.
• When the services are used for activities contrary to laws, morality, public order, with illegal purposes or effects, prohibited, or harmful to the rights and interests of third parties.
• RRegister in the system malicious websites or websites intended for illicit activities.
• If deceptive behavior is promoted in any way or if compensation programs are offered, i.e., payments for online actions.
• Users who have free access to HacknPlan and are inactive for a period exceeding 12 months. Please note that in case of such inactivity, the data stored in HacknPlan will be deleted.

The denial of access to the services will be communicated by email to the address provided by the User or through the User Account, stating the reason for it.

5. Promotions: 

Mad Cactus Digital will have the faculty to establish at any time promotional campaigns of its services with certain advantages for the users, which will remain in force during the time that they appear published in the Web Site or during the time established in the promotion in question. Promotions will not be cumulative.

6. Other service conditions:

6.1. License to use HacknPlan: 

When you contract the services of HacknPlan, Mad Cactus Digital grants you a non-exclusive, temporary license for the territory in which you are located, to use the HacknPlan software and access the corresponding services based on the contracted plan. This license does not constitute the sale of the software or any of the rights held by Mad Cactus Digital. Therefore, you are not allowed to resell, transfer to third parties, lease, rent, or lend the contracted services. Any modification or manipulation of the software is strictly prohibited.

6.2. Inappropriate use of HacknPlan: 

The use of HacknPlan for any purpose other than its intended functionalities is strictly prohibited.

6.3. Prohibition of screen scraping, web scraping, or similar techniques: 

The use of screen scraping, web scraping, or any other programming or technological techniques to extract information or data hosted, stored, or accessible in HacknPlan without the express written authorization of Mad Cactus Digital is strictly prohibited.

7. Guarantees and Responsibilities

7.1. Mad Cactus Digital guarantees to the User that the access to HacknPlan is secure and free from any type of computer virus or harmful component that could damage the computer system of the User and other Users.

7.2. HacknPlan and the data stored in HacknPlan are hosted on servers owned by Mad Cactus Digital and/or on servers subcontracted from third-party hosting service providers in European territory.

7.3. Mad Cactus Digital will make commercially reasonable efforts to provide a service that is available 24 hours a day, 7 days a week, except in the following cases:

• Scheduled updates or maintenance operations of HacknPlan.
• Any unavailability caused by force majeure or fortuitous events, including but not limited to, for example, acts of government, fire, flood, earthquake, civil unrest, terrorism, strike, failure or delay of the internet service provider.
• Incidents related to third-party services that HacknPlan relies on, over which Mad Cactus Digital has no control.

7.4. For these purposes, and without prejudice to the above, the Parties agree to accept the following Service Level Agreement (SLA) regarding liability for failures in the provision of the service not caused by the circumstances provided for in the previous paragraph.

7.4.1. The inability to use HacknPlan will be considered a Critical Failure (CF). The reduction in functionality or capacity of the HacknPlan service while remaining operational will be considered a Major Failure (MF). Any minor incident that affects individual functions of HacknPlan without significantly impacting the quality of service will be considered a Minor Failure (MiF). Bugs or deficiencies in functionality will not be considered under this contract.

7.4.2. Mad Cactus Digital undertakes to resolve incidents within the following repair times, starting from the date of notification of the incident by the User:

• Critical Failure (CF): 8 business hours.
• Major Failure (MF): 12 business hours.
• Minor Failure (MiF): 5 business days.

7.4.3. Business hours will be considered those between 09:00 and 15:00 from Monday to Friday (Spain peninsular time), except for holidays in Madrid (Spain).

7.4.4. In case of non-compliance with the aforementioned resolution times, and/or if the failures occur with the frequency indicated below, the penalties detailed in the following table would be applied, and they would be deducted from the monthly fee of the HacknPlan license to be paid by the User to Mad Cactus Digital; where:

• “t” is the time in hours for each month, exceeding the resolution time described in section 4.3 of this clause.
• “CF”/”MF”/”MiF” are the number of monthly failures.

7.4.5. For unavailability periods longer than those specified in the table, the penalty for this will be proportionate as indicated in the aforementioned table, which in any case will not exceed 100% of the monthly fee to be paid by the User for the license of use of HacknPlan.

7.5. Mad Cactus Digital will make HacknPlan available to the User “as is,” without any other implied or presumed warranty, except as expressly stated in these terms of service. The User relies on HacknPlan software and results solely at their own risk, and Mad Cactus Digital assumes no responsibility for indirect damages and/or loss of profits resulting from the User’s use of HacknPlan, except in cases of willful misconduct or breach of contract by Mad Cactus Digital.

7.6. Mad Cactus Digital will not be responsible for the configuration made by the User in HacknPlan, as well as for any false, erroneous, or inaccurate information provided during the use of the service.

7.7. Mad Cactus Digital will be excluded from any responsibility for damages of any nature that could be due to the access to and/or the use of HacknPlan by the User contrary to what is stipulated in the present conditions.

7.8. The User guarantees to Mad Cactus Digital that he/she has computer systems with sufficient performance for the access to HacknPlan and for the execution of its functionalities.

7.9. The Parties, in the exercise of their respective activities, shall be directly responsible for complying with all legally binding obligations that apply to them.

7.10. The User shall be responsible to Mad Cactus Digital and third parties for the use of HacknPlan.

8. Customer Support and Assistance to the User:  

Mad Cactus Digital will provide customer support and assistance to the User for incident resolution, as well as administrative and commercial inquiries, through the email address contact@hacknplan.com. 

In the Personal plan, the response time will not be prioritized, and responses will be provided within a maximum of 5 working days.

In the Personal Plus and Studio plans, the response time will be prioritized, and the issue raised by the User will be addressed within a maximum of 48 hours on working days.

For this purpose, a working day will be considered from Monday to Friday, from 9:00 to 15:00 in the Spanish peninsular time zone, excluding weekends and public holidays in Madrid, Spain.

9. Modification of contracting conditions:

Mad Cactus Digital reserves the right to modify or replace these Terms of service as a result of the modification, evolution, and enactment of laws, regulations, and applicable norms related to the provision of the service and/or related aspects.

In any other case, the modification of the contractual conditions will only take effect once communicated and duly accepted by the User. 

If the User is not in agreement with the modifications made, they may terminate the contract and cancel the service at any time.

10. Rights and Obligations of Mad Cactus Digital:

10.1. Rights: 

Mad Cactus Digital shall have the right to:

• Receive the corresponding consideration, if applicable, for the services provided.
• Introduce changes or technological improvements to the services provided.
• Interrupt the service to carry out any necessary and/or convenient tasks for the purpose of implementing improvements and/or restructuring, as well as for performing maintenance operations on the service. In the latter case, Mad Cactus Digital will make its best efforts to notify you, to the extent possible and with reasonable advance notice, of any periods of service interruption, so as to minimize their impact on you.

10.2. Obligations: 

Mad Cactus Digital undertakes to provide the services in accordance with the terms established in these conditions.

11. Rights and obligations of the User:

11.1. Rights: 

As a User, you have the right to use the services contracted under the agreed terms of service.

11.2. Obligations: 

By contracting HacknPlan services, you will be obligated to:

• Fulfill the payment obligations, if any, as agreed upon.
• Not disrupt, hinder, interfere with, distort, or damage the equipment or systems assigned to Mad Cactus Digital or third parties.
• Observe and fulfill all the security rules that Mad Cactus Digital can impose on the use of its resources and not to use the services for purposes different from those foreseen by Mad Cactus Digital nor for the accomplishment of activities contrary to the laws, to the moral, to the public order nor to use the services with illicit, prohibited, harmful ends or effects of rights and interests of third parties, declining Mad Cactus Digital any responsibility that of it could be derived.
• If inviting third parties to participate in a project, the User must have the necessary authorization or consent from the invited third party and assume any consequences that may arise from non-compliance with this requirement.

12. Link Policy:

12.1. Links from other websites:

If you intend to establish a link from a web page of another Internet portal to any of HacknPlan’s web pages, the following conditions must be met:

• Total or partial reproduction of any of the services or content of the website, as well as the establishment of deep links, IMG links, or image links, or frames with the Website, is not permitted without prior express written authorization.
• No false, inaccurate, or incorrect statements shall be made about the Website, its services, or its content. Except for the signs that are part of the link, the website where the link is established shall not contain any trademark, trade name, establishment sign, denomination, logo, slogan, or other distinctive signs belonging to Mad Cactus Digital, unless expressly authorized by them.
• The establishment of the link shall not imply the existence of any relationship between Mad Cactus Digital and the owner of the website or portal from which it is made, nor the knowledge and acceptance by Mad Cactus Digital of the services and content offered on said website or portal.
• Mad Cactus Digital shall not be responsible for the content or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.

12.2. Links to other websites: 

The website of Mad Cactus Digital may provide links to other websites managed and controlled by third parties, with the exclusive function of facilitating the search for information, contents and services on the Internet, without in any case it can be considered that Mad Cactus Digital commercializes, directs, controls or makes its own the contents, services, information and statements available on such websites.

Mad Cactus Digital does not assume any responsibility, even indirectly or subsidiarily, for the content, information, communications, opinions, or services linked from those websites not managed by Mad Cactus Digital and that are accessible through the website. Mad Cactus Digital also does not guarantee the absence of viruses or other elements in those websites that may cause alterations to the user’s computer system (hardware and software), documents, or files. Mad Cactus Digital excludes any liability for damages of any kind caused to the user for this reason.

13. Liability Regime:

Unless expressly stated otherwise in these terms or in the applicable legislation, and only to the extent and scope required, Mad Cactus Digital will be solely responsible for any direct damages you may suffer, but only if they have been caused by actions or omissions attributable to Mad Cactus Digital.

Mad Cactus Digital will not assume any responsibility for:

• For problems arising from lack of access or problems inherent to Internet connectivity or electricity networks when these have their origin in causes beyond its control or causes that could not have been foreseen by the parties or that, even if foreseeable, Mad Cactus Digital has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure.
• For any damages that may occur to your physical systems (hardware) and logical systems (software), or to the files or documents stored therein, as a result of the presence of viruses on your device or the improper functioning or use of an outdated version of your browser.
• For your legal obligations related to the development of your activity.
• For the lack of truthfulness, accuracy, and/or validity of the data you provide to us, nor for the consequences arising from the contractual relationship between you and the Users invited to your Project/s using HacknPlan.
• For actions or omissions directly attributable to you or to third parties directly dependent on you.
• For the service not meeting your expectations or not suiting your needs, for any financial gains or losses in your business activities, as it is your responsibility to assess whether HacknPlan is suitable for your purposes before contracting it.
• For any failure to comply with your obligations.
• For any errors you may make in using HacknPlan.
• For any relationships between you and other Users.

14. Intellectual and industrial property:

14.1. Contents of HacknPlan: 

The totality of the elements and/or contents that are part of the web and the software of HacknPlan have been created by Mad Cactus Digital or it has a license or authorization for its use.

Therefore, all those elements and/or contents (such as: images, audio, video, software or texts; trademarks or logos, color combinations, structure and design, applications necessary for its operation, access and use, etc.) and the exploitation rights over them, are the exclusive property of Mad Cactus Digital.

The reproduction, distribution, public communication – including its modality of making available – and the transformation, of all or part of the contents of HacknPlan, in any support and by any technical means, without the previous express written authorization of Mad Cactus Digital, is totally prohibited.

In case of carrying out any of the prohibited actions indicated, you will be violating those exclusive rights of intellectual or industrial property that correspond to Mad Cactus Digital. Therefore, you are obliged to respect such rights, refraining from deleting, altering, evading or manipulating any protection device or security system installed on the pages owned by Mad Cactus Digital.

14.2. User-generated contents: 

By accepting these terms terms of service, you grant Mad Cactus Digital a license as broad as legally required for the publication of the contributions you make in the different participation services established in HacknPlan.

It is absolutely forbidden to share or make any other use of legally protected content without being authorized to do so, both by legislation relating to intellectual property, industrial property or any other that, where appropriate, is applicable.

Mad Cactus Digital reserves the right to take appropriate legal action in the event that you fail to comply with the above.

Mad Cactus Digital offers you the possibility of denouncing any type of violation of the rights by any User or third party for the introduction of a certain content in the Web Site, communicating this circumstance to Mad Cactus Digital, by means of the sending of an electronic mail to the direction of electronic mail before indicated.

15. Processing of personal data: 

15.1. Data processing as Data Controller: 

The personal data processed by Mad Cactus Digital as Data Controller, will be processed in accordance with the Privacy Policy published on the Website and to which we refer to avoid unnecessary repetition.

15.2. Data Processing by Mad Cactus Digital as Data Processor: 

15.2.1. Purpose of the processing order: 

By registering on HacknPlan and/or subscribing to the services of HacknPlan, Mad Cactus Digital is authorized to process, on behalf of the User and exclusively for the provision of such services, any personal data that is the responsibility of the User as the data controller (hereinafter referred to as the “Data Controller”), as the Data Controller determines how and for what purposes such data are processed.

15.2.2. Identification of the affected information:

By registering and using HacknPlan as an Owner, Mad Cactus Digital may have access to the email address(es) of the person(s) to whom it will send an invitation to participate in their Project(s) through HacknPlan. In such cases, the Owner guarantees that they are authorized to provide that email address, having obtained, if applicable, the necessary authorizations, and they are responsible for any non-compliance with this requirement.

Likewise, Mad Cactus Digital will store any other personal data contained in the information that any User stores in the Projects they participate in on HacknPlan. 

There may be instances where Mad Cactus Digital has access to such personal data as a result of a specific support request made by a User.

In this regard, Mad Cactus Digital assumes the role of data processor (hereinafter referred to as the Processor) in relation to such personal data, as it will process such data for the purpose of providing the requested service and following the instructions of the data controller. 

Therefore, these contractual terms include clauses related to the relationship between the data controller and Mad Cactus Digital as the Processor, which are detailed below.

15.2.3. Duration: 

Access to personal data under the responsibility of the data controller will occur as long as the contract for HacknPlan services is in effect. Upon termination of the service for any reason, HacknPlan will delete such personal data processed as the data processor.

15.2.4. Obligations of Mad Cactus Digital as the Data Processor: 

Mad Cactus Digital and all its personnel are obligated to:

a. Use the personal data subject to processing, or collected by the data controller through HacknPlan, solely and exclusively for the purpose of the contracted service. Under no circumstances shall they use the data for Mad Cactus Digital’s own purposes.

b. Process the data in accordance with the instructions of the data controller, in accordance with the functionalities offered by HacknPlan.

If Mad Cactus Digital considers that any of the instructions infringe any provision regarding data protection of the European Union or the Member States, it will immediately notify the data controller.

c. Keep a written record of all categories of processing activities carried out on behalf of the data controller, which includes:

• The name and contact details of Mad Cactus Digital and each data controller on whose behalf it acts.
• The categories of processing activities carried out on behalf of each data controller.
• Where applicable, transfers of personal data to a third country or international organization, including the identification of such third country or international organization, and in the case of transfers referred to in Article 49(1), second paragraph of the GDPR, documentation of appropriate safeguards.
• A general description of technical and organizational security measures regarding:
  • Pseudonymization and encryption of personal data.
  • The ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.
  • The ability to restore the availability and access to personal data quickly in the event of a physical or technical incident.
  • The process of regularly verifying, assessing, and evaluating the effectiveness of technical and organizational measures to ensure the security of processing.

d. Not disclose the data to third parties unless expressly authorized by the data controller, in legally permissible cases.

Mad Cactus Digital may disclose the data to other data processors of the data controller in accordance with their instructions. In this case, the data controller shall identify, in writing and in advance, the entity to which the data should be disclosed, the data to be disclosed, and the security measures to be applied for the disclosure.

If Mad Cactus Digital needs to transfer personal data to a third country or an international organization under the Union law or the applicable Member State law, it shall inform the data controller of this legal requirement in advance, unless prohibited by such law for important reasons of public interest.

e. The data controller expressly and generally authorizes Mad Cactus Digital to subcontract to a third party (sub-processor) the performance of any data processing entrusted to it by virtue of the contracted services.

If Mad Cactus Digital engages a sub-processor to carry out specific data processing activities on behalf of the data controller, it shall impose the same obligations as stipulated in this document on the sub-processor through the signing of the corresponding data processing agreement. This includes providing sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that the processing is in compliance with the provisions of the GDPR. If the sub-processor fails to fulfill its data protection obligations, Mad Cactus Digital shall remain fully responsible to the data controller for the fulfillment of the sub-processor’s obligations.

f. Mad Cactus Digital shall maintain the duty of confidentiality regarding personal data to which it has access during the provision of the service, even after the termination of its purpose.

g. Mad Cactus Digital shall ensure that persons authorized to process personal data commit, in writing and explicitly, to maintain confidentiality and comply with the corresponding security measures, which shall be duly communicated to them.

h. Mad Cactus Digital shall make available to the data controller the documentation that demonstrates compliance with the obligation established in the previous section.

i. Mad Cactus Digital shall ensure the necessary training on personal data protection for individuals authorized to process personal data.

j. Mad Cactus Digital shall assist the data controller in responding to requests regarding the exercise of rights such as access, rectification, erasure, objection, restriction of processing, data portability, and the right not to be subject to automated individual decision-making (including profiling), when individuals exercise such rights.

k. Mad Cactus Digital shall notify the data controller, without undue delay and in any case within a maximum of 72 hours, by email, of any breaches of the security of the personal data under its responsibility that it becomes aware of, along with all relevant information for the documentation and communication of the incident.

Notification is not required when such a breach of security is unlikely to constitute a risk to the rights and freedoms of individuals. 

If available, at least the following information shall be provided:

• Description of the nature of the personal data breach, including, where possible, the categories and approximate number of affected data subjects, and the categories and approximate number of affected personal data records.
• The name and contact details of the data protection officer or another point of contact where further information can be obtained.
• Description of the potential consequences of the personal data breach.
• Description of the measures taken or proposed to address the personal data breach, including, if applicable, the measures taken to mitigate any potential negative effects.

If it is not possible to provide the information simultaneously, and to the extent that it is not possible, the information will be provided gradually without undue delay.

It is the responsibility of the data controller to notify the data breaches to the Data Protection Authority and the data subjects when it is likely that the breach poses a high risk to the rights and freedoms of individuals.

l. Provide support to the data controller in conducting prior consultations with the supervisory authority, when required.

m. Make available to the data controller all necessary information to demonstrate compliance with its obligations, as well as for conducting audits or inspections carried out by the data controller or another auditor authorized by the data controller.

n. In any case, Mad Cactus Digital will implement mechanisms to:

• Ensure the permanent confidentiality, integrity, availability, and resilience of the systems and services involved in the data processing.
• Restore the availability and access to personal data quickly in the event of a physical or technical incident.
• Regularly verify, assess, and evaluate the effectiveness of the implemented technical and organizational measures to ensure the security of the processing.
• Pseudonymize and encrypt personal data, where applicable.

 o. Once the provision of services is completed, Mad Cactus Digital will cease access to the personal data and, if applicable, return to the data controller the personal data and any storage devices containing such data, with the complete deletion of all existing data on the computer systems used by Mad Cactus Digital. However, Mad Cactus Digital may retain a copy, with the data duly blocked, as long as there may be liabilities arising from the execution of the services.

15.2.5. Obligations of the User as Data Controller: 

It is the responsibility of the Data Controller to:

• Provide Mad Cactus Digital with the necessary data for the provision of the contracted service.
• Provide the right to information at the time of collecting data for which they are solely responsible.
• Conduct, if necessary, an assessment of the impact on the protection of personal data for the processing operations to be carried out by Mad Cactus Digital, as well as any necessary prior consultations with the relevant supervisory authority.
• Ensure, prior to and throughout the processing, compliance with the GDPR by Mad Cactus Digital.
• Oversee the processing activities, including conducting inspections and audits.

16. Subcontracting:

Mad Cactus Digital may contract and/or subcontract with third parties as it deems necessary for the performance of any or all activities required for the maintenance, updating, improvement, or provision of the services.

17. Modification of services:

Mad Cactus Digital reserves the right to modify the services in order to adapt them: (a) to the technical evolution of the market, (b) to any technical, functional, and operational improvements that allow for an enhanced provision of the services, and (c) to the evolution of laws, regulations, and applicable norms related to the provision of the services and/or related aspects. Furthermore, Mad Cactus Digital reserves the right to unilaterally and without prior notice modify the presentation, configuration, and operation of the service, as long as such modification does not affect the functionality or commitments of the acquired service nor result in any increase in the agreed prices.

18. Claims:

Any claim related to the provision of the service will be addressed at the aforementioned email address.

European Online Dispute Resolution platform:

We would like to inform you that if you are a consumer residing in the European Union, you also have the option to use the Online Dispute Resolution (ODR) platform for resolving disputes. You can access the platform through the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Through this platform, you can submit claims using an electronic form available in all languages of the European Union, for all matters related to e-commerce or provision of services online, in accordance with Regulation 524/2013 of the European Parliament and of the Council of May 21, 2013, and Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes.

19. Right of withdrawal:

19.1. Right of withdrawal: 

If you qualify as a consumer or user, according to consumer protection legislation, which means that you contract HacknPlan’s services for purposes unrelated to your commercial, business, trade, or professional activity, you will have a period of 14 calendar days from the date of subscription to the paid services, provided that you have not previously used the free trial period.

19.2. How to exercise the right of withdrawal:

If you meet the requirements mentioned in the previous section, to exercise your right of withdrawal, you must notify Mad Cactus Digital of your decision to withdraw through an unequivocal statement (for example, a communication sent by email or postal mail). For this purpose, you may use the model withdrawal form provided below, although its use is not mandatory.

Withdrawal Form Model in accordance with Annex to the Consumer and User Defense Law of 2007

You can copy and paste the following form in an email and fill in your details if you wish to withdraw from the contract):

To the attention of Mad Cactus Digital, S.L. (HacknPlan), c/ de la Alameda nº 22, 28014, Madrid (Spain), with VAT number: B10709020.

Contact email: contact@hacknplan.com

I hereby inform you that I am withdrawing from the subscription to HacknPlan services, which was made on [date] / [month] / [year].

Name and surname of the User: ________________________________

Address of the User: ________________________________________

Date of withdrawal notification: [date] / [month] / [year]

19.3. Consequences of withdrawal:

In the event of exercising and notifying the withdrawal, and once such notification is received, Mad Cactus Digital will proceed with the refund of the amounts paid in relation to the subscription service without any undue delay.

20. Applicable law and competent jurisdiction:

These terms of service shall be governed by Spanish law, although the choice of law does not prevent you from invoking the protection provided by the mandatory provisions of the law of your habitual residence if you are a consumer or user.

The parties submit, for the resolution of conflicts and with waiver of any other jurisdiction, to the courts and tribunals of the consumer’s or user’s domicile.

In the event that you do not have the status of a consumer or user, Mad Cactus Digital and you as a User submit to the Courts and Tribunals of Madrid.