Terms of Service

1. Parties to the contract

These Terms of Service govern the contractual relationship between:

And the Customer: any natural or legal person who registers on the OptimaxPRO platform or uses its services (hereinafter "the customer" or "the user").

2. Purpose and description of the service

LINFOCA provides the customer with access to OptimaxPRO, a comprehensive management platform (ERP) for mechanical and body repair workshops, offered as SaaS (Software as a Service) at web.optimaxpro.com.

The service includes, by way of example and without limitation:

• Management of repair orders, estimates and invoicing.
• Active vehicle check-in module with the owner's digital signature.
• Integration with the API of the Spanish Directorate-General for Traffic (DGT) to look up vehicle data (subject to purchase of the corresponding add-on).
• Integration with the GT Motive and Audatex (Solera) damage assessment systems.
• Pack IA (AI Pack): damage estimator based on a photograph and importer of GT Motive and Audatex appraisals (XML or PDF), with a comparison between the estimate and the appraisal (subject to purchase of the corresponding bundle).
• Automatic reading (OCR) of purchase invoices and delivery notes, included in all plans up to 100 documents a month, expandable with the ESC-100 bundle.
• Customer loyalty module: servicing, pre-ITV inspection and insurance policy expiry reminders, and satisfaction surveys, prepared by the software to be sent by WhatsApp, email or phone.
• Production control and profitability statistics.
• Multi-account financial and treasury management.
• Several locations under the same account, each with its own data (Business plan).
• Workshop website at its own address within OptimaxPRO (such as yourworkshop.optimaxpro.com), with online booking, repair tracking, verified reviews, ITV inspection reminders, loyalty points and vehicle passport, included in all plans. It does not include a custom domain or corporate email accounts. The photo estimate on the website uses Pack IA queries.
• Invoicing in compliance with the VeriFactu system, certified by the Spanish Tax Agency.
• Technical support according to the level purchased.

LINFOCA reserves the right to add new features to the service, modify existing ones or withdraw those that become obsolete, giving the customer reasonable notice.

3. Acceptance of the terms

Accessing and using OptimaxPRO implies full and unreserved acceptance of these Terms of Service, as well as of the OptimaxPRO Privacy Policy and Cookie Policy.

If the customer acts on behalf of a company or organisation, they declare that they have sufficient legal capacity to bind that entity by accepting these terms.

If the customer does not agree with any of these terms, they must refrain from using the service.

4. Registration and access to the platform

To access OptimaxPRO, an account must be created with truthful, complete and up-to-date information. The customer undertakes to:

• Provide accurate registration details, including company name or full name, tax ID (NIF/CIF), email address and telephone number.
• Keep their access credentials (username and password) confidential.
• Notify LINFOCA immediately of any unauthorised use of their account.
• Not share their credentials with unauthorised third parties.

LINFOCA shall not be liable for any damage or loss arising from the customer's failure to comply with their credential security obligations.

Access to the service is limited to the number of users of the plan purchased: 1 user on the Autónomo plan and unlimited users on the Premium and Business plans.

5. Free trial period

LINFOCA offers a free trial period of 15 calendar days from account activation, with no payment details required.

During the trial period:

• The customer will have access to the features of the Premium plan, except for paid add-ons (DGT, Pack IA and scanner bundles).
• Data entered during the trial will be kept if the customer purchases a licence before the period expires.
• If the customer does not purchase a licence at the end of the trial period, the account will be deactivated and the data may be deleted after a further 30 days.
• LINFOCA reserves the right to modify the free trial conditions or withdraw it at any time, giving reasonable notice.

The trial period is intended for evaluating the service. Using the free trial for other purposes, or repeatedly creating trial accounts to get around the limit, will constitute a breach of these terms.

6. Plans, prices and add-ons

OptimaxPRO is offered in the following options:

6.1 Base plans

The Business plan includes everything in the Premium plan plus several locations under the same account, each with its own data, a dedicated account manager, initial training, priority support and the option to commission, as a separate project and by quotation, the development of a custom API or integrations. The Business plan price covers the first location; each additional location under the same account costs €59/month or €590/year.

All prices are shown excluding VAT. VAT will be applied at the rate in force at the time of invoicing under Spanish tax law.

6.2 Optional add-ons

DGT queries not used in a month do not roll over to the following month. Queries about vehicles already registered in the customer's database are served from our own cache without using credits from the purchased bundle.

Pack IA queries do not roll over from one month to the next either. Estimates for which the system does not reach sufficient confidence to provide a result are not deducted. The valuation proposed by the damage estimator is for guidance only: the final valuation always rests with the customer or, where applicable, the appraiser.

All plans include the automatic reading of 100 purchase documents (invoices and delivery notes) a month. Only successfully read documents are counted, and unused documents do not roll over to the following month. The ESC-100 bundle adds 100 more documents each month. Once the month's documents are used up, automatic reading is paused until the following month or until the bundle is purchased; purchases can still be recorded manually.

DGT, Pack IA and scanner bundles can be purchased, changed or cancelled at any time, with no minimum commitment.

The workshop website is not an add-on: it is included in all plans at no extra cost.

6.3 Changing plans

The customer may move to a higher plan (from Autónomo to Premium or Business, or from Premium to Business) at any time, paying only the prorated difference for the current period. Moving to a lower plan may only take place at the end of the contracted period.

7. Billing and payment

7.1 Billing options

The customer may choose between two billing options:

• Monthly: the amount for the plan and add-ons purchased is invoiced and charged monthly, with no minimum commitment period.
• Annual prepaid: the customer pays the equivalent of 10 monthly instalments at the start of the annual period and enjoys the service for 12 months. Payment is made in a single charge.

7.2 Payment methods

Payment is collected by SEPA direct debit. To this end, the customer must provide a valid IBAN and authorise the SEPA mandate during the purchase process. LINFOCA will notify the customer of the amount and date of each charge at least 5 days in advance.

7.3 Invoices

LINFOCA will issue an invoice for each billing period, in accordance with the requirements of Spanish tax law and the VeriFactu system. Invoices will be available in the account's administration panel.

7.4 Non-payment

In the event of non-payment or a returned charge, LINFOCA will notify the customer and grant a period of 10 business days to settle the situation. If payment has not been made after that period, LINFOCA may suspend access to the service without further notice.

7.5 Price review

OptimaxPRO prices are subject to annual review in line with changes in the Consumer Price Index (IPC) published by the Spanish National Statistics Institute (INE). LINFOCA will notify the customer of any price change at least 30 days before it takes effect.

8. Renewal, changes and cancellation

8.1 Automatic renewal

Monthly and annual contracts will renew automatically at the end of the current period, unless the customer gives notice of cancellation at least 15 days before the renewal date.

8.2 Cancellation by the customer

The customer may cancel their subscription at any time from their account panel or by writing to sales@optimaxpro.com.

• On the monthly plan: cancellation takes effect at the end of the current month. No refunds will be made for the unused part of the month.
• On the annual prepaid plan: cancellation takes effect at the end of the contracted year. No refunds will be made for unused months of the prepaid period, except for reasons attributable to LINFOCA.

8.3 Termination by LINFOCA

LINFOCA may terminate the contract with immediate effect and without refund in the following cases:

• Serious or repeated breach of these Terms of Service.
• Fraudulent, unlawful or illegal use of the service.
• Repeated non-payment after the settlement period set out in clause 7.4.
• Provision of false information during registration or while the contract is in force.

In the event of termination for reasons not attributable to the customer, LINFOCA will refund the prorated unused part of the prepaid period.

8.4 Data export after cancellation

During the 30 calendar days following the cancellation date, the customer may request an export of their data in CSV or Excel format. After that period, LINFOCA will permanently delete the customer's data, unless there is a legal obligation to retain it.

9. Customer obligations

The customer undertakes to:

• Use the service in accordance with the law, morality, public order and these Terms of Service.
• Not attempt to access areas of the system for which they are not authorised.
• Not reproduce, distribute, sell or publicly communicate the OptimaxPRO software or its components without LINFOCA's express authorisation.
• Not enter false or unlawful data, or data that infringes the rights of third parties, into the platform.
• Not reverse engineer, decompile or disassemble the software.
• Not use the service for activities that amount to unfair competition with LINFOCA.
• Keep the account's contact and billing details up to date.
• Ensure that the personal data of third parties (workshop customers, employees) entered into the platform is processed in accordance with data protection law, the customer acting as the controller of that data.

10. LINFOCA's obligations

LINFOCA undertakes to:

• Provide the service as described in these Terms and with professional diligence.
• Keep the platform available in accordance with the service level set out in clause 13.
• Apply appropriate technical and organisational measures to ensure the security of the customer's data.
• Not access the customer's data except to provide the service or technical support, or when required by law.
• Notify the customer of significant changes to the service or to these terms with the notice set out herein.
• Keep the software up to date and compliant with current VeriFactu regulations.
• Handle support requests according to the response times of the support level purchased: Pro Support 8×5 by email on business days.

11. Intellectual property

All intellectual property rights in OptimaxPRO —including the source code, software architecture, interface design, trademarks, logos and documentation— are the exclusive property of LINFOCA Profesionales Informáticos S.L. or its licensors, and are protected by Spanish and international intellectual property law.

Purchasing the service grants the customer a personal, non-transferable and non-exclusive licence to use the OptimaxPRO platform, limited to the term of the contract and to the users permitted under the plan purchased. This licence does not include any right to sublicense, distribute, modify or create derivative works of the software.

The data entered into the platform by the customer is the exclusive property of the customer. LINFOCA acquires no rights over it other than those strictly necessary to provide the service.

12. Data and privacy

The processing of the customer's personal data and of third-party data entered into the platform is governed by the OptimaxPRO Privacy Policy, which forms an integral part of these Terms of Service.

With regard to third-party data (workshop customers, employees) that the customer enters into OptimaxPRO:

• The customer acts as the controller of that data under Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD).
• LINFOCA acts as processor on behalf of the customer, under the terms of Article 28 of the GDPR.
• The data is hosted on Supabase, with servers in the European Union (Paris, France).
• The artificial intelligence features (damage estimation, importing assessment reports and reading purchase invoices and delivery notes) use the models of Anthropic, PBC (United States) as sub-processor. It only receives the photographs and documents that the user sends to be processed, does not use them to train its models, and the international transfer is covered by the European Commission's standard contractual clauses.

The customer warrants that they have obtained the necessary authorisations to process the third-party data they enter into the platform, and releases LINFOCA from any liability arising from a failure to meet this obligation.

13. Availability and service level

LINFOCA will make reasonable efforts to keep OptimaxPRO available 24 hours a day, 7 days a week, with a target availability of 99% per month, excluding scheduled maintenance windows.

Service interruptions may occur due to:

• Scheduled maintenance, of which LINFOCA will notify the customer at least 24 hours in advance, except in emergencies.
• Force majeure or causes beyond LINFOCA's control (third-party infrastructure failures, cyberattacks, natural disasters, etc.).
• Connectivity failures on the customer's network.

LINFOCA does not guarantee uninterrupted availability of the service or the absence of errors, although it undertakes to act with the utmost diligence to resolve them.

14. Limitation of liability

To the fullest extent permitted by applicable law, LINFOCA shall not be liable for:

• Indirect, incidental, special, consequential or punitive damages arising from the use of, or inability to use, the service.
• Loss of profits, data or goodwill, or interruption of the customer's business.
• Damage caused by misuse of the service by the customer or by third parties accessing it with the customer's credentials.
• Inaccuracies in data provided by third-party services integrated into the platform (DGT API, GT Motive, Audatex), for which those providers are responsible.
• Consequences arising from the customer's failure to meet their tax or legal obligations.

In no event shall LINFOCA's total aggregate liability to the customer under these Terms of Service exceed the total amount paid by the customer during the 12 months preceding the event giving rise to the claim.

The above limitations shall not apply in cases of wilful misconduct or gross negligence, or where the law does not permit liability to be limited.

15. Changes to the service and to these terms

LINFOCA reserves the right to modify these Terms of Service at any time. Changes will be notified to the customer by email to the registered address and/or by a visible notice on the platform at least 30 calendar days before they take effect, unless the change is required by law, in which case it will apply immediately.

If the customer does not accept the changes, they may cancel their subscription before the effective date without penalty, with a prorated refund of the unused prepaid period in the case of an annual plan.

Continued use of the service after the changes take effect will constitute tacit acceptance of them.

16. Governing law and jurisdiction

These Terms of Service are governed by current Spanish law, including Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), Royal Legislative Decree 1/2007 approving the consolidated text of the General Law for the Protection of Consumers and Users, and Regulation (EU) 2016/679 on data protection.

For the resolution of any dispute that may arise in connection with the interpretation, performance or enforcement of these Terms of Service, the parties submit to the jurisdiction of the Courts and Tribunals of Seville, expressly waiving any other jurisdiction that may apply to them, except where consumer protection law establishes a different mandatory jurisdiction.

17. Contact

For any questions about these Terms of Service, the customer may contact: