Terms of Service

These Terms of Service govern the access to and use of the “Pymwin” platform, owned by Thanic Capital SL. Acceptance is mandatory to use the Service.

1. Definitions

• Thanic / Provider: Thanic Capital SL, a private limited company incorporated under the laws of Spain, tax ID B72956204, with registered office at Calle Gran Via de Don Diego Lopez de Haro, 45, 5º Dr., 48011 Bilbao (Bizkaia), Spain, owner and operator of the Pymwin platform.
• Platform / Service: The Pymwin software-as-a-service application and all related features, APIs, and interfaces made available by Thanic.
• Client: The natural or legal person who registers for and subscribes to the Service.
• Business: The professional establishment or practice managed by the Client within the Platform.
• User: Any individual (including the Client) who accesses the Platform under a Client account.
• Patient / End Client: The natural person who is a recipient of the services offered by the Client’s Business and whose data is managed through the Platform.
• Subscription: The recurring fee-based plan that grants access to the Service.
• Trial Period: A free evaluation period of 7 calendar days from account creation, subject to Section 5.2.
• Client Content: All data, files, records, and information uploaded or generated by the Client or Users through the Platform, including Patient data.

2. Acceptance and Capacity

By creating an account or using the Service, you confirm that:

• You are at least 18 years of age.
• If acting on behalf of a legal entity, you have sufficient authority and powers to bind that entity to these Terms.
• All registration information you provide is accurate, complete, and truthful.
• Your professional activity is lawful in the jurisdiction(s) where you operate.

3. Object of the Service

Pymwin is a multi-vertical SaaS platform designed for service-based businesses (including, but not limited to, physiotherapy and podiatry clinics). The Service includes:

• Appointment booking, agenda, and calendar management.
• Patient record management.
• Team and staff management.
• Point-of-sale (POS) and payment processing.
• Public online booking page for Patients.
• Electronic invoicing compliant with Verifactu and TicketBAI regulations (available on Pymwin Pro).
• Vertical-specific modules as published on the Platform.
• Email notification capabilities for appointment reminders and communications.

Thanic reserves the right to add, modify, or remove features at any time, subject to the notice provisions in Section 12.

4. Registration and User Account

4.1 Account Creation

To use the Service, you must register an account and complete the Business setup, which includes providing a valid tax identification number corresponding to your professional or business activity.

4.2 Tax Identification

Clients established in Spain must provide a valid Spanish tax ID (NIF). Clients established in other EU Member States who wish to benefit from the reverse charge mechanism described in clause 5.4 must provide a valid intra-Community VAT number registered in the VIES (VAT Information Exchange System); otherwise, Spanish VAT will be charged. Thanic may verify the tax details provided at registration and periodically thereafter, and may request that they be kept up to date.

4.3 Credentials

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify Thanic immediately at legal@pymwin.com if you suspect any unauthorised access to or use of your account.

4.4 Roles and Permissions

The Platform supports the following User roles within a Business:

• Owner: Full administrative control, including billing and account management.
• Worker: Day-to-day operational access. Additional granular permissions may be granted individually by the Owner.

The Client (Owner) is responsible for managing User roles and ensuring that Users comply with these Terms.

5. Subscription, Pricing and Billing

5.1 Plans and Pricing

Subscriptions are annual, renewing automatically for successive twelve (12) month terms unless cancelled. Current plans, excluding VAT, are:

Plan changes (upgrades or downgrades) take effect at the start of the next billing cycle and are prorated accordingly.

5.2 Free Trial

New Clients benefit from a 7-day free Trial Period. A valid payment card is required at sign-up. If you do not cancel before the Trial Period ends, your card will be automatically charged for the selected plan at the start of the first billing cycle.

5.3 Payment Processing

All payments are processed by Stripe, a third-party payment service provider. Thanic does not store or have access to your full card details. By providing payment information, you also agree to Stripe’s terms of service.

5.4 Taxes

All prices are stated excluding VAT and any other applicable taxes. The applicable tax is added to each instalment based on the Client’s location and tax status:

• Clients established in Spain: Spanish VAT is charged at the standard rate in force from time to time (currently 21%).
• Business Clients established in other EU Member States holding a valid VIES-registered intra-Community VAT number: the supply is not subject to Spanish VAT and VAT is self-assessed by the Client in their country under the reverse charge mechanismpursuant to Directive 2006/112/EC. Without a valid intra-Community VAT number, Spanish VAT is charged.
• Clients established outside the European Union: the supply is not subject to Spanish VAT.

Applicable taxes are determined and calculated automatically during checkout. It is the Client’s sole responsibility to provide accurate and up-to-date tax details and to comply with all applicable tax obligations in their jurisdiction.

5.5 Failure to Pay

If a payment fails, Thanic will retry the charge for up to 7 days. If payment remains outstanding after 7 days, the account will be suspended. If payment is not received within a further 15 days (22 days total from the initial failure), Thanic may terminate the account in accordance with Section 7.4.

5.6 No Refunds

All fees paid are non-refundable, except where expressly required by applicable mandatory law. Cancellation takes effect at the end of the current billing cycle; no partial-month refunds are issued.

5.7 Electronic Invoicing (Pymwin Pro)

Electronic invoicing features (Verifactu and TicketBAI) are provided exclusively under the Pymwin Pro plan, powered by fiskaly SIGN ES. Clients operating in the Basque Country (Euskadi) should note that TicketBAI compliance requirements may differ from the general Verifactu regime and are subject to the specific regulations of the relevant Basque Territory. It is the Client’s responsibility to ensure they select and configure the correct regime for their jurisdiction.

6. Use of the Service

6.1 Lawful and Diligent Use

You agree to:

1. Use the Service only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.
2. Ensure that all Users under your account comply with these Terms.
3. Maintain the accuracy and completeness of Client Content you store on the Platform.
4. Comply with all applicable data protection and privacy laws, including the GDPR where applicable, in your processing of Patient data.
5. Use the Service in connection with a genuine, lawful professional activity.

6.2 Prohibited Conduct

You must not:

1. Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
2. Reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without Thanic’s express written permission.
3. Use the Service to transmit any unsolicited or unauthorised advertising or promotional material (spam).
4. Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material.
5. Attempt to gain unauthorised access to any part of the Platform, its servers, or any data stored therein.
6. Use the Service to process data for any purpose other than the management of your own Business.
7. Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
8. Use the Service in a manner that could damage, disable, overburden, or impair the Platform or interfere with other users’ use.
9. Circumvent, disable, or otherwise interfere with any security-related features of the Service.
10. Use automated means (bots, scrapers, crawlers) to access or interact with the Service without Thanic’s prior written consent.

7. Duration, Cancellation and Termination

7.1 Term

The Agreement commences on the date of account creation and continues on an annual basis, automatically renewing for successive twelve (12) month terms unless cancelled before the renewal date.

7.2 Cancellation by the Client

You may cancel your Subscription at any time through your account settings. Cancellation is effective at the end of the current billing cycle, and you will retain access to the Service until that date. Following cancellation, Thanic will retain your Client Content for a 30-day grace period, after which it may be permanently deleted.

7.3 Data Export

Before cancellation or termination, you may request an export of your Client Content in JSON or CSV format by contacting legal@pymwin.com. This service is provided free of charge. Export requests should be submitted prior to the end of the grace period described in Section 7.2.

7.4 Termination by Thanic

Thanic may suspend or terminate your account immediately upon notice if:

• You fail to pay fees as set out in Section 5.5 (non-payment).
• You commit a serious or repeated breach of these Terms.
• Your use of the Service involves or facilitates any unlawful activity.
• Thanic is required to do so by a competent authority or court order.
• Continuing to provide the Service to you poses a security or integrity risk to the Platform or other users.

8. Intellectual Property

8.1 Thanic Ownership

All intellectual property rights in and to the Platform, including its software, design, trademarks, and documentation, are owned by or licensed to Thanic. Subject to your compliance with these Terms and payment of the applicable fees, Thanic grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes.

8.2 Client Content

The Client retains all ownership rights in and to Client Content. By uploading or submitting Client Content to the Platform, you grant Thanic a limited, worldwide, royalty-free licence to use, store, process, and display such content solely to the extent necessary to provide the Service to you.

8.3 Suggestions and Feedback

If you submit suggestions, ideas, enhancement requests, or other feedback regarding the Service (“Feedback”), Thanic may freely use such Feedback without any obligation to you, including for product improvement or development purposes.

9. Personal Data Processing

9.1 Thanic as Data Controller

Thanic processes personal data of Clients and Users (e.g., contact information, billing data, account usage data) as an independent Data Controller for the purposes of providing and administering the Service. This processing is governed by Thanic’s Privacy Policy.

9.2 Thanic as Data Processor

With respect to Patient data and other Client Content that contains personal data, Thanic acts as a Data Processor on behalf of the Client, who acts as Data Controller. This relationship is governed by a separate Data Processing Agreement (DPA), which forms part of these Terms and is available at /legal/dpa. By accepting these Terms, you also accept the DPA.

9.3 Health Data

Patient data processed through the Platform may constitute special category data (including health data) under Article 9 of the GDPR. The Client is solely responsible for ensuring that a valid legal basis exists for processing such data (e.g., explicit consent of the Patient or another applicable condition under Art. 9(2) GDPR) and for fulfilling all associated obligations under applicable data protection law.

10. Service Availability

Thanic will use reasonable commercial efforts to maintain the availability and performance of the Platform. However, Thanic does not currently provide a specific Service Level Agreement (SLA) with guaranteed uptime commitments. Planned maintenance will be communicated in advance where practicable. Thanic shall not be liable for any interruptions caused by circumstances beyond its reasonable control, including failures of third-party infrastructure providers.

11. Warranties and Limitation of Liability

11.1 No Implied Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Thanic does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

11.2 Limitation of Liability

To the maximum extent permitted by applicable law, Thanic’s total cumulative liability to you for all claims arising under or in connection with these Terms or the Service shall not exceed the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim. In no event shall Thanic be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of data, loss of goodwill, or business interruption.

11.3 Exceptions

Nothing in these Terms shall limit or exclude Thanic’s liability for:

• Wilful misconduct or fraud.
• Gross negligence.
• Breaches of obligations under applicable data protection law (including the GDPR).
• Any other liability that cannot be excluded or limited under mandatory applicable law.

11.4 Client Indemnification

You agree to indemnify, defend, and hold harmless Thanic and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) Client Content; (c) your breach of these Terms; or (d) your violation of any applicable law or third-party rights.

12. Modifications to the Terms

Thanic may modify these Terms at any time. If Thanic makes material changes, you will be notified by email at least 30 days before the changes take effect. If you do not agree to the modified Terms, you may cancel your Subscription before the effective date without penalty. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

13. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without Thanic’s prior written consent. Thanic may freely assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or similar corporate transaction, provided that the assignee assumes all of Thanic’s obligations hereunder.

14. Notifications

All notices and communications under these Terms shall be made by email. Notices to Thanic should be sent to legal@pymwin.com. Notices to you will be sent to the email address associated with your account. Notices are deemed received on the next business day after sending.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between you and Thanic with respect to the Service and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral, relating to the same subject matter.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict-of-laws principles. Notwithstanding the foregoing, nothing in this clause shall deprive Clients who are consumers or micro-enterprises of the protection afforded to them by mandatory rules of law applicable in their country of residence under EU law.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Bilbao (Bizkaia), Spain, except where mandatory EU or local consumer protection rules require otherwise, in which case the courts of the Client’s place of domicile shall have jurisdiction.

Electronic Acceptance. By creating an account on the Pymwin Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.