Bold Factory general subscription terms
Last updated: 15 August 2026
These terms govern the purchase of, access to and use of Bold Factory, an industrial software platform provided as a SaaS service. The Service is intended exclusively for companies, self-employed persons and professionals acting in the course of their business or professional activity. It is not intended for consumers purchasing for purposes outside that activity.
The specific commercial and operational conditions —including the plan, price, billing frequency, usage limits, term or additional services— will be set out in the proposal, order form, checkout form or equivalent document accepted by the Customer (the “Order”). These General Terms, the Order and, where applicable, the data processing agreement jointly form the contract.
1. Service provider
The Service is provided by BOLD SOFTWARE SOLUTIONS, S.L. (“Bold”), with Spanish tax ID B13948401 and registered office at Calle Torres, 24, door A9, 46018 Valencia, Spain. Bold is registered with the Commercial Registry of Valencia in volume 11412, book 8690, folio 14, sheet V-212248.
You can contact Bold through the following channels:
- General enquiries and notices: contact@bold-factory.com.
- Technical support: support@bold-factory.com and the channels available within the platform.
- Privacy and data protection: compliance@bold-factory.com.
2. Definitions, acceptance and order of precedence
For the purposes of these terms:
- Customer means the company, professional or business owner purchasing the Service.
- Authorised User means an individual whom the Customer permits to use the Service under its account.
- Service means the Bold Factory platform, its purchased modules, documentation, updates and support included in the Order.
- Customer Data means information entered, generated or stored in the Service by the Customer or its Authorised Users.
The contract is formed when a person with sufficient authority signs an Order on the Customer's behalf, accepts these terms electronically through a checkbox or another express mechanism, or uses another unambiguous acceptance method made available by Bold. That person represents that they can validly bind the Customer.
In the event of a conflict, the following will prevail: (i) the Order in relation to commercial or specific conditions that it expressly governs; (ii) the data processing agreement in relation to the processing of personal data on behalf of the Customer; and (iii) these General Terms for all other matters. Any terms unilaterally included by the Customer in purchase orders or other documents will apply only if expressly accepted by Bold in writing.
3. Purpose and licence
During the contract term, subject to payment and compliance with its provisions, Bold grants the Customer a limited, non-exclusive, non-sublicensable, non-transferable and revocable licence for its Authorised Users to access the Service online and use it for internal professional purposes.
The subscription is a licence to use the software, not a sale. It does not transfer the source code or any ownership right in the Service to the Customer. Bold and its licensors retain all rights not expressly granted.
The functionality, modules and limits on users, items, operations, storage or other resources will be those stated in the Order or in the current description of the purchased plan.
4. Account and Authorised Users
The Customer must provide accurate, complete and up-to-date information during the purchasing process and keep it current. Bold may request reasonable evidence of identity, authority or billing information.
Bold will provide the Customer with one or more administrator accounts from which it can add, assign permissions to and remove Authorised Users within the purchased limits. The Customer will:
- decide who may access the Service and with which permissions;
- keep credentials confidential and apply reasonable security measures;
- promptly revoke access for anyone who should no longer use the Service;
- immediately notify Bold of unauthorised access, lost credentials or a security incident; and
- be responsible for use of the Service through its accounts, unless directly attributable to Bold.
Credentials are personal and may not be shared by several individuals. Bold may temporarily block an account where there are reasonable signs of compromise, fraud or a risk to the security of the Service.
5. Permitted use and restrictions
The Customer will use the Service in good faith, in accordance with applicable law, its business purpose and Bold's documentation. The Customer will not, and will not allow third parties to:
- sublicense, resell, lease, assign, commercially exploit or make the Service available to third parties without Bold's written authorisation;
- copy, download or attempt to obtain source code, decompile, reverse engineer or create derivative works, except to the extent mandatorily permitted by law;
- develop or assist in developing a competing product using protected elements, confidential information or unauthorised access to the Service;
- circumvent usage limits, access controls or security features;
- access third-party accounts or data without authorisation;
- introduce malware, carry out unauthorised penetration tests, overload or interfere with the integrity or availability of the platform;
- use the Service for unlawful or fraudulent purposes or to infringe third-party rights; or
- remove ownership notices, trademarks or protective measures.
Bold may suspend affected access where necessary to stop a breach, protect the Service or comply with a legal obligation. Where circumstances allow, Bold will notify the Customer beforehand and limit the suspension to the scope and time strictly necessary.
6. Scope of the Service and exclusions
Bold will provide the Service with professional care and in accordance with the Order. Unless expressly purchased in writing, the subscription does not include:
- custom adaptations, development, reports, integrations or consultancy;
- updates to or maintenance of the Customer's hardware, operating system, browser, network or internet connection;
- configuration of firewalls, devices, local networks or software not provided by Bold;
- backup or restoration policies other than those applied as standard to the Service;
- on-site support, travel or related expenses;
- support for third-party software or applications connected through the API; or
- resolution of incidents caused by unauthorised changes, external configurations or use contrary to the documentation.
Additional services will be quoted and documented separately. Third-party integrations, payment gateways and services are also subject to their respective providers' terms. Bold does not control or accept responsibility for matters that depend exclusively on those third parties, without prejudice to any liability imposed on Bold by law.
7. Product evolution, maintenance and preview features
Bold may update, improve or modify the Service to maintain its security, performance, legal compliance or functional evolution. It will not materially reduce the essential functionality of the purchased plan during a paid period without a justified reason. Where a material adverse change is not required for legal or security reasons, Bold will offer a reasonable alternative or the right to terminate the affected portion where feasible.
Scheduled maintenance will be notified at least 48 hours in advance where possible. Urgent security or business-continuity work may be carried out without that notice.
Features identified as beta, pilot, trial or early access may change or be withdrawn and are provided for evaluation without availability commitments beyond those required by law.
8. Price, billing and non-payment
The price, billing frequency, limits and applicable taxes will be specified in the Order. Unless stated otherwise, prices exclude VAT and other taxes and are charged in advance at the beginning of each billing period. The first period may be prorated if specified in the Order.
The Customer agrees to receive electronic invoices at its designated contact address. Payment will be made through Stripe, by bank transfer or through another agreed method. Unless the Order states a different term, invoices will be due within seven (7) calendar days of their issue date.
Where a recurring payment method is used, the Customer authorises the relevant charges for the duration of the subscription and will keep its payment information current. Payments are non-refundable for partial periods or non-use, unless the Order, these terms or mandatory law provide otherwise.
The price will remain unchanged during the current contractual period. Bold may revise it for a later renewal by giving at least thirty (30) calendar days' notice. The Customer may prevent renewal by giving notice under section 9.
Non-payment will accrue the interest and recovery costs provided for by Spanish law on late payment in commercial transactions, where applicable. Bold may suspend the Service after notifying the Customer and allowing a reasonable opportunity to remedy, except where a chargeback or fraud requires immediate action. Suspension does not extinguish the debt or require Bold to provide retroactively any services not performed during the suspension.
9. Term, renewal and termination
The term, any minimum commitment and billing frequency will be stated in the Order. Unless a specific commitment is agreed, the subscription will renew automatically for periods equal to the billing cycle until either party gives notice that it does not wish to renew.
The Customer may request cancellation at least fifteen (15) calendar days before the next billing cycle begins. Cancellation will take effect at the end of the paid period, during which the Customer may continue to use the Service. No new periods will be charged after it takes effect.
Either party may terminate the contract if the other materially breaches it and fails to remedy the breach within fifteen (15) calendar days after receiving written notice. Bold may immediately terminate or suspend for unlawful use, a serious security or intellectual-property violation, fraud, insolvency to the extent permitted by law, or a breach that cannot be remedied.
When the contract ends:
- the licence will cease and access will be disabled;
- all outstanding amounts will become due;
- the Customer must have exported Customer Data using the available features or requested assistance before the effective date; and
- Bold will retain and delete data in accordance with section 13 and the data processing agreement.
Provisions that by their nature should survive will remain in effect, including those concerning outstanding payments, confidentiality, intellectual property, data protection, liability and applicable law.
10. Technical support
Support begins when the Customer reports an incident to support@bold-factory.com or through the tools available in the platform and provides enough information to reproduce and diagnose it.
Ordinary incidents that do not prevent general use of the system are handled Monday to Friday from 09:00 to 18:30, Spanish mainland time, excluding public holidays in Valencia. Serious incidents that generally prevent access to critical Service functionality have a 24-hour reporting channel. Bold will acknowledge receipt within 24 hours and begin diagnosis and resolution; this is an initial-response target and does not guarantee a specific resolution time.
Support is provided remotely and does not cover the items listed in section 6.
11. Service level
Bold commits to at least 99% monthly availability for critical Service functionality. Availability is calculated as follows:
(Total time in the month - Downtime attributable to Bold) / Total time in the month × 100
Downtime does not include scheduled maintenance notified 48 hours in advance, urgent maintenance, force majeure events, unavailability of the internet or third parties outside Bold's reasonable control, or issues caused by the Customer, its systems, its Authorised Users or use contrary to the contract.
Where monthly availability falls below the commitment, the corresponding service credit will be applied to the following month's price. Tiers are not cumulative and the highest qualifying credit will apply:
| Monthly availability | Credit against the monthly fee |
|---|---|
| 99% or more | 0% |
| 95% or more but less than 99% | 25% |
| 90% or more but less than 95% | 50% |
| Less than 90% | 100% |
The credit will never exceed the fee for the affected Service for that month. If there is no later invoice against which it can be applied, Bold will issue an equivalent credit note. This section provides the specific compensation regime for availability without limiting rights that cannot be excluded by law.
12. Customer Data and security
The Customer retains all rights in its Customer Data. It grants Bold a limited authorisation, for as long as necessary, to host, copy, transmit, technically transform and process Customer Data solely to provide, protect and improve the Service and perform the contract.
The Customer represents that it has the necessary legal bases, permissions and rights for the data and content it enters, that its instructions are lawful and that they do not infringe third-party rights. The Customer is also responsible for determining whether the Service is suitable for its sector-specific obligations and for keeping any copies or exports required by its internal policy.
Bold will apply reasonable technical and organisational measures appropriate to the risk to preserve the confidentiality, integrity and availability of the Service. No internet-connected system can guarantee absolute security; both parties will cooperate in good faith in managing incidents.
Bold may generate aggregated and anonymised usage statistics and metrics that do not identify the Customer or individuals in order to analyse performance, improve the product and plan capacity.
13. Personal data protection
Where Bold processes the Customer's identifying or contact information to manage the commercial relationship, billing or support, it will act as controller in accordance with its Privacy Policy.
Where Bold processes personal data entered by the Customer into the Service under the Customer's instructions, the Customer will act as controller and Bold as processor. The parties will enter into the data processing agreement required by Article 28 of Regulation (EU) 2016/679. Among other matters, it will govern instructions, security measures, subprocessors, assistance, transfers and the return or deletion of data. It may be requested from compliance@bold-factory.com.
Customer Data hosted by Bold will be stored on servers located in the European Union, without prejudice to service providers used for administrative or commercial management. Any international transfer of personal data will be carried out using a valid mechanism and appropriate safeguards under applicable law.
During the term, the Customer may download its data using the available features. After termination, Bold will delete it from active systems within no more than ninety (90) calendar days, unless earlier deletion is requested, a legal retention duty applies, backups remain subject to deletion cycles, or the data processing agreement provides otherwise.
14. Confidentiality
Each party will keep secret the other party's technical, commercial, financial or organisational information that is identified as confidential or should reasonably be understood as such. It may use that information only to negotiate, perform or enforce the contract and disclose it only to personnel, advisers or suppliers who need to know it and are subject to equivalent duties.
Information will not be confidential if the receiving party can prove that it: (i) was public without breach of the contract; (ii) was already lawfully known to it; (iii) was lawfully received from a third party without a duty of confidentiality; or (iv) was independently developed. If an authority requires disclosure, the receiving party will notify the other in advance where legally permitted and limit disclosure to what is strictly necessary.
The obligation will survive termination for as long as the information remains confidential. Trade secrets will be protected for as long as they retain that legal status.
15. Intellectual and industrial property
Bold or its licensors exclusively own the software, code, interface, designs, trademarks, documentation, manuals, databases, methods, know-how and trade secrets associated with the Service, including updates and improvements. Nothing transfers those rights to the Customer.
The Customer may not sell, disclose, reproduce, transfer or copy the software to other media except for the expressly authorised internal use. The Customer retains ownership of its Customer Data, trademarks and content.
The Customer authorises Bold to identify it as a customer and reproduce its trade name and logo in customer lists, corporate presentations and commercial communications. The Customer may withdraw this authorisation on fifteen (15) calendar days' notice. Press releases or substantive case studies will be sent to the Customer to verify accuracy; the Customer will have five (5) business days to request reasonable adjustments. Bold will remove digital references under its control but will not be required to recover materials already printed or published by third parties.
16. Liability
Each party will be liable for direct damage caused by its proven breach. Bold is not liable for failures, losses or access arising from acts or omissions of the Customer, its Authorised Users, equipment, configurations, connections, suppliers or systems outside Bold's reasonable control.
To the maximum extent permitted by law, neither party will be liable to the other for loss of profit, business, revenue, anticipated savings or reputation, or for any indirect, incidental, special or consequential loss.
Bold's total aggregate liability arising from the contract, on any basis, will not exceed the amounts actually paid by the Customer for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
These limitations do not apply to liability that cannot be excluded or limited under mandatory law and do not cover wilful misconduct. Each limitation will be interpreted to the extent necessary to preserve its validity and effect.
17. Force majeure
Neither party will be liable for delay or non-performance caused by unforeseeable or unavoidable events outside its reasonable control under Article 1,105 of the Spanish Civil Code, including natural disasters, conflicts, general strikes, widespread telecommunications or power failures, government action, epidemics or large-scale cyberattacks that could not have been prevented through reasonable measures.
The affected party will promptly notify the other, explain the expected impact and take reasonable steps to mitigate it and resume performance. If the event lasts more than sixty (60) calendar days and materially affects the Service, either party may terminate the affected part by written notice, without prejudice to payment for services actually provided.
18. Changes to these terms
Bold may amend these terms to reflect legal, security, technical or Service changes. It will publish the current version and state its update date. Material changes will be notified to the Customer's contact at least thirty (30) calendar days in advance and will apply at the next renewal, unless they must take effect earlier to comply with the law or address a security risk.
If a material change not required by law substantially disadvantages the Customer, it may give notice of non-renewal before the change takes effect. Changes will not have retroactive effect.
19. Electronic contracting and communications
Where the contract is completed electronically, the Customer will be able to review the Order information and correct errors before accepting it. Bold will retain the electronic contract for legally required periods and send a confirmation and a copy or downloadable link to the designated email address, normally within twenty-four (24) hours. The Customer may request another copy from contact@bold-factory.com.
The contract may be completed in Spanish or English. In the event of a discrepancy, the Spanish version will prevail unless the Order expressly provides otherwise.
Contract notices will be sent to the addresses stated in the Order and may be delivered by email unless the law requires another method. Each party will keep its contact information current. Operational, security and support communications may also be delivered within the Service.
20. General provisions
The Customer may not assign the contract without Bold's prior written consent. Bold may assign it to a group company or as part of a merger, reorganisation, business sale or change of control by informing the Customer and ensuring continuity of its rights.
A failure to exercise a right is not a waiver. If a provision is declared void, unlawful or unenforceable, it will be limited or replaced to the minimum extent necessary and the remainder will remain fully effective. The parties will negotiate in good faith a valid provision with an equivalent legal and economic effect.
The contract is commercial in nature and does not create an employment relationship, partnership, agency, franchise or representation between the parties. The Order, these terms and any expressly incorporated documents constitute the entire agreement relating to the Service.
21. Applicable law and jurisdiction
The contract is governed by Spanish law, including the Commercial Code, the Civil Code, the consolidated Intellectual Property Act, Law 34/2002 on information society services and electronic commerce, Regulation (EU) 2016/679, Organic Law 3/2018 and Law 1/2019 on Trade Secrets, where applicable.
Before starting court proceedings, the parties will try in good faith to resolve any dispute for fifteen (15) business days after written notice.
Without prejudice to any mandatory venue, the parties submit to the courts of Valencia for disputes concerning the interpretation, validity, performance, breach, termination or enforcement of the contract.
For questions about these terms, contact legal@bold-factory.com.