Terms of Service for Businesses

1. Account creation and access

To access the trimly.es platform as a business owner you must create an account, providing truthful and up-to-date information about your business. You are responsible for keeping your access credentials confidential and for all activity carried out under your account.

By creating your account, you warrant that:

• You have legal capacity to accept these terms on behalf of the business.
• The information provided is truthful, accurate and complete.
• You will update that information whenever necessary.

2. Subscription tiers

trimly.es offers different subscription tiers with different features and limits:

• Solo Hero: free of charge, for self-employed barbers working alone.
• No Limits: for businesses with several professionals and a higher booking volume.

The details, prices and features of each tier are available on the trimly.es pricing page and may be updated from time to time.

3. Payment terms

The Solo Hero tier is free: it generates no charge, requires no payment method and does not expire. Paid tiers are billed monthly or annually, according to the option selected at sign-up, and payment is processed through Stripe, a secure payment platform. The terms in this section apply to paid tiers only.

• Monthly billing: the corresponding amount is charged on the same day of each month as the day the subscription was taken out.
• Annual billing: a single annual payment is charged, at a discount compared with the monthly price.
• All prices shown on the platform are in euros and include applicable VAT.
• trimly.es reserves the right to change prices with at least 30 days’ notice to active owners.

4. Customer payments through Stripe Connect

The Owner may enable, within trimly.es, the ability to collect payments and deposits from their own end customers through Stripe Connect.

• By enabling this feature, the Owner contracts directly with Stripe, Inc. and must accept the Stripe Connected Account Agreement, which is concluded at the point their connected account is registered or onboarded.
• The Owner expressly authorises trimly.es, as the platform, to create and manage their Stripe connected account and to act on their behalf vis-à-vis Stripe strictly to the extent necessary to provide the service.
• trimly.es is not a payment institution and does not hold the Owner’s customers’ funds. Stripe, Inc., as a regulated entity, provides the payment services.
• The Owner is solely responsible towards their end customers for refunds, receipts, customer support, complaints and disputes relating to deposits or payments handled through Stripe Connect.

5. Grace period and suspension

If a subscription charge fails, trimly.es will grant a 7-day grace period during which the account remains active. If payment is not settled within that period, the account will be suspended automatically.

While suspended, the business will not accept new bookings through the platform, but the data will remain accessible for a further 30 days to allow reactivation or export of information.

6. Acceptable use

The Owner undertakes to use the platform in accordance with applicable law and these terms. The following are expressly prohibited:

• Using the platform for illegal activities or activities contrary to public order.
• Sending unsolicited communications (spam) through trimly.es notification systems.
• Attempting to access other businesses’ or customers’ data without authorisation.
• Reverse engineering, decompiling or attempting to obtain the platform’s source code.
• Using the platform in a way that could damage, disable or overload trimly.es systems.

7. Data processing agreement (DPA)

In the context of providing the service, trimly.es acts as processor of the personal data of the Owner’s customers, the Owner being the controller for the purposes of Regulation (EU) 2016/679 (GDPR). The following provisions constitute the Data Processing Agreement (DPA) between the parties, binding from acceptance of these Terms, in accordance with Art. 28(3) GDPR.

Subject matter, duration, nature and purpose of processing: the processing covers the management of bookings by the Owner’s end customers and the sending of associated notifications (confirmations, reminders and cancellations via WhatsApp/SMS). The duration of the processing matches the term of the Owner’s active subscription to the platform.

Types of personal data processed: first name and surname, phone number, booking history and service preferences of the Owner’s end customers.

Categories of data subjects: the end customers of the Owner’s business (natural persons who book hairdressing or barbering services).

Under this Agreement, trimly.es undertakes to:

• Documented instructions (Art. 28(3)(a) GDPR): process personal data only on the Owner’s documented instructions, including as regards international transfers, unless required to do otherwise by law, in which case it will inform the Owner before processing, unless applicable law prohibits this on important grounds of public interest.
• Confidentiality (Art. 28(3)(b) GDPR): ensure that authorised trimly.es personnel with access to the personal data are bound by a duty of confidentiality, whether contractual or statutory.
• Security measures (Arts. 28(3)(c) and 32 GDPR): implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including as relevant the encryption and pseudonymisation of data, the ongoing confidentiality, integrity, availability and resilience of systems, and procedures for regularly testing and improving those measures.
• Sub-processors (Art. 28(3)(d) GDPR): the Owner grants general authorisation for the use of the following sub-processors currently involved in providing the service: Telnyx LLC (WhatsApp/SMS notifications), Stripe, Inc. (payment processing), Cloudflare, Inc. (R2 storage), Upstash, Inc. (cache) and Vercel, Inc. (hosting), all in the USA. trimly.es will impose on each sub-processor, by contract, data protection obligations equivalent to those in this Agreement, and will inform the Owner of any addition or removal of sub-processors with reasonable notice, giving the Owner the right to object to those changes.
• Assistance with data subject rights (Art. 28(3)(e) GDPR): assist the Owner, through appropriate technical and organisational measures, in responding to requests to exercise data subject rights (access, rectification, erasure, objection, restriction and portability).
• Personal data breaches and impact assessments (Arts. 28(3)(f), 33, 34, 35 and 36 GDPR): notify the Owner without undue delay of any personal data breach it becomes aware of, providing the information the Owner needs to meet its obligations to notify the supervisory authority (Art. 33 GDPR) and, where applicable, the data subjects (Art. 34 GDPR). It will also assist the Owner in carrying out data protection impact assessments (Art. 35 GDPR) and in prior consultations with the supervisory authority (Art. 36 GDPR).
• Deletion or return of data at the end of the service (Art. 28(3)(g) GDPR): at the Owner’s choice, delete or return all personal data once the provision of services has ended, and delete existing copies, unless Union or Member State law requires the data to be retained.
• Audit and oversight (Art. 28(3)(h) GDPR): make available to the Owner all information necessary to demonstrate compliance with the obligations in Art. 28 GDPR, and allow for and contribute to reasonable audits or inspections by the Owner or an auditor authorised by the Owner, on reasonable prior notice and without disrupting the normal operation of the platform.
• International transfers: transfers of personal data to sub-processors established outside the European Economic Area are covered by the Standard Contractual Clauses adopted by the European Commission (Implementing Decision (EU) 2021/914), consistently with the trimly.es Privacy Policy.

These undertakings constitute the Data Processing Agreement (DPA) between the parties and are binding from acceptance of these terms.

8. Service level (SLA)

trimly.es undertakes to maintain a minimum platform availability of 99% per month, excluding scheduled maintenance periods, which will be announced with sufficient notice.

In the event of an SLA breach, the Owner may request compensation on the following scale:

• Availability between 95% and 99%: credit of 10% of the monthly amount.
• Availability below 95%: credit of 25% of the monthly amount.

Compensation will be applied as a credit on the next invoice and does not imply any additional liability on the part of trimly.es.

9. Intellectual property

All intellectual property rights in the trimly.es platform, including its code, design, brand and own content, are the exclusive property of Volodymyr Tarasov.

The Owner retains all rights in the content they upload to the platform (logos, images, service information, etc.) and grants trimly.es a non-exclusive licence to display it in the context of providing the service.

10. Termination and data handling after closure

Either party may terminate the contract with at least 30 days’ notice. trimly.es may suspend or cancel access immediately in the event of a serious breach of these terms.

Data handling after termination: once the contract has ended, the business’s data and that of its customers will be kept for a maximum of a further 90 days, during which the Owner may request an export of their data. After that period, the data will be permanently deleted from trimly.es systems, unless there is a legal obligation to retain it.

The Owner may request early deletion of their data by sending a request to hola@trimly.es.

11. Governing law and jurisdiction

These Terms of Service are governed by Spanish law. For the resolution of any dispute arising from the interpretation or performance of these terms, the parties expressly submit to the jurisdiction of the Courts of Badalona, Barcelona, waiving any other forum that might apply to them.

Where owners are consumers (natural persons acting outside their business or professional activity), consumer protection legislation applies and prevails over the agreed forum.