These Terms and Conditions (hereinafter, the “Terms”) govern access to and use of the StaffControl platform (hereinafter, the “Platform”), accessible at www.staffcontrol.app, including its progressive web app (PWA), owned by StaffControl (hereinafter, the “Owner”).

Accessing and using the Platform implies full and unreserved acceptance of these Terms. If you do not agree with any of the conditions set out herein, please do not use the Platform.

1. General Information — Legal Notice (LSSI-CE)

In compliance with article 10 of Ley 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), the following is disclosed:

Owner: StaffControl
Tax ID (NIF/CIF): [Pendiente de cumplimentar]
Registered office: [Pendiente de cumplimentar], Spain
Email: hola@staffcontrol.app
Website: www.staffcontrol.app
Registry details: [Pendiente de inscripción en el Registro Mercantil]

2. Purpose of the Platform

StaffControl is a Software as a Service (SaaS) platform designed for the comprehensive management of teams in the hospitality and franchise sector. The Platform offers the following main features, which can be enabled by module according to each client's configuration:

Shift planning: Weekly schedules assigning employees by store and role, publication of schedules and shift swaps with approval
Digital time clock: Recording of working hours with optional geolocation verification, in compliance with article 34.9 of the Estatuto de los Trabajadores
Vacation and absence management: Requests, approvals, unavailability and balance tracking
Tasks and checklists: Assignment of individual tasks and checklists by store
Document management: Secure storage of contracts, payslips, ID documents and certificates
Electronic signing of contracts: Sending contracts to the employee and signing from within the Platform, with integrity evidence (see section 9)
Recruitment: Publication of job offers on public pages, receipt of applications, screening questions and management of the selection process by stages
Employee onboarding: Guided onboarding processes with a checklist for the administrator and the employee, and communication of the new hire to the business's labor advisory firm (see section 10)
Incidents: Logging of maintenance incidents and notification of the technicians designated by the business (see section 10)
Reports and analytics: Reports on hours, labor costs and profitability
Tips: Distribution of the tip pool among the team by store and period
Internal announcements: Notification and announcement system
Production and purchasing: Management of orders, production, catalog and the business's shopping lists
Reservations and orders: Recording of reservations and orders from the business's end customers
Artificial intelligence assistance: Assistive features described in section 8, always with human review

3. Registration and User Accounts

3.1. User types

The Platform provides for the following user profiles with different access levels:

Employee (level 1): Limited access to time clock, their schedule, assigned tasks, their own documents and requests
Manager (level 2): Employee features plus partial management of their team
Administrator (level 3): Full management of employees, shifts and configuration
Owner/Manager (level 5): Full access including billing and advanced configuration

Certain sensitive actions (such as approving the sending of data to labor advisory firms or the notification of technicians) may require a minimum access level configurable by each organization.

3.2. Account creation

Employee accounts are created by each organization's administrators via email invitation. The invited user must complete their registration by setting a secure password.

3.3. Account responsibility

The user is responsible for keeping their access credentials confidential. Any activity carried out with their credentials shall be deemed to have been performed by the account holder. If unauthorized access is detected, the user must immediately report it to their administrator and to hola@staffcontrol.app.

4. Service Contracting Conditions

4.1. Plans and pricing

StaffControl offers subscription plans whose conditions, prices and features are detailed in the billing section of the administration panel. Prices are expressed in euros (EUR) and include applicable taxes unless otherwise stated.

4.2. Billing and payments

Billing is carried out on a recurring basis (monthly or annually, depending on the chosen plan), either through direct invoicing issued by the Owner or through Stripe when card payment is enabled. In the latter case, the client authorizes the recurring charge to the payment method provided and payments are processed securely in accordance with the PCI-DSS standard.

4.3. Trial period

StaffControl may offer free trial periods. At the end of the trial period, subscription to a paid plan will be required to continue using the service.

4.4. Cancellation

The client may cancel their subscription at any time from the billing panel or by requesting it via email. Cancellation will take effect at the end of the current billing period, with access maintained until that date. No pro-rata refunds will be issued for unused partial periods.

5. User Obligations

The user undertakes to:

Use the Platform in accordance with the law, morality, good customs and public order
Provide truthful, accurate and up-to-date information
Not use the Platform for purposes other than those intended (labor and operational management of the business)
Not attempt to access data of other clients or organizations
Not reverse engineer, decompile or modify the software
Not introduce viruses, malware or malicious code
Not intentionally overload the Platform's infrastructure
Clock their working hours honestly and accurately, without identity impersonation
Respect the data protection policies applicable to information about employees, candidates and end customers
Ensure that they are legitimately entitled to enter third-party data into the Platform (end customers for reservations and orders, and labor advisory firm and technician contacts)

6. Working Time Records

In accordance with article 34.9 of Real Decreto Legislativo 2/2015 (Estatuto de los Trabajadores), as amended by Real Decreto-ley 8/2019, the company is obliged to guarantee the daily recording of each worker's working time. StaffControl provides the tools necessary to comply with this legal obligation.

The employer (StaffControl's client) is ultimately responsible for compliance with the working-time recording obligation. StaffControl acts as an enabling tool, providing:

Digital recording of the start and end times of the workday
Recording of breaks and rest periods
Optional geolocation verification
Storage of records for the legally required period (minimum 4 years)
Export of reports in PDF format for submission to the Labor Inspectorate

7. Geolocation

When the business administrator enables the geolocation verification feature, the system will request permission from the employee's browser to access their GPS location only at the moment of clocking in.

Geolocation is used exclusively to verify that the employee is within the radius configured for their workplace
No continuous tracking or monitoring of location is carried out
The employee may deny the location permission, although in that case they will not be able to complete clocking in if verification is enabled
The use of geolocation complies with article 90 of the LOPDGDD on digital rights in the workplace

8. Artificial Intelligence Features

The Platform incorporates assistance features based on third-party artificial intelligence models (currently, Anthropic, PBC). These features include, among others: the automated extraction of payslip data and of document expiry dates; the generation of descriptive summaries of résumés in selection processes; a natural-language query assistant over the business's data, reserved for administrators, which can also propose logging an absence, an incident, a task or a shift for a person to confirm; an assistant for staff, limited to the data of the person asking, from which they can also request time off or report an incident; the weekly summary of outstanding matters; the suggested classification of incidents and the description of faults from a photo; the drafting of texts (technician notifications, job offer descriptions, messages to candidates, executive profitability summaries); the matching of POS product names with the internal catalog; and the transcription of orders from a pasted customer message.

Assistive nature: Results generated by AI are proposals. No decision is made on a solely automated basis: results are presented to the user for review, editing and express confirmation before being recorded, sent or published. In particular, the AI does not score, rank or reject candidates or employees.
Review responsibility: The client is responsible for verifying the accuracy of automatically generated results before confirming or using them. StaffControl does not guarantee the absolute accuracy of such results, with the limitation of liability in section 12 being applicable.
Optional use: These features are optional in the flows where they are offered, can be skipped in each use and can be enabled or disabled by module for each client.
Per-feature control: each AI feature can be switched on or off independently from the client's settings, with a specific control for those used by staff. Turning one off does not prevent carrying out the corresponding task through the Platform's usual means.
Data protection: Data and documents are sent to the AI provider exclusively for one-time processing, as a data processor, without being used for model training. For each use, only consumption metrics are recorded (feature, model and token volume), never the content, as detailed in the Privacy Policy.
Transparency: The design of these features complies with the provisions of Regulation (EU) 2024/1689 (Artificial Intelligence Act), avoiding in all cases uses that would entail automated decisions in the field of employment.
Information to staff: where the client enables AI features aimed at its employees, it is for the client, as employer, to inform the workers' legal representatives in accordance with article 64.4.d of the Spanish Workers' Statute. StaffControl provides the documentation needed for that purpose.

9. Electronic Signing of Contracts

The Platform allows the employer to send employment contracts in PDF format to the employee for signing from within the Platform. The signature is created by tracing the mark on the device screen and is embedded in the document, generating an evidence trail that includes the date and time of the signature, the signer's IP address and browser, and the cryptographic hashes of the original document and the signed document.

This mechanism constitutes a simple electronic signature within the meaning of Regulation (EU) 910/2014 (eIDAS) and of Ley 6/2020, of 11 November, regulating certain aspects of electronic trust services. In accordance with article 25 of the eIDAS Regulation, it shall not be denied legal effect on the grounds of its electronic form, without prejudice to its assessment as evidence in accordance with the law.
The employee may reject the signature, with a record of this being kept in the Platform.
The employer is responsible for assessing the suitability of this signature mechanism for each document and for complying with the formal obligations imposed by labor regulations (for example, delivering a copy of the contract to the worker and notifying the competent bodies).
Signed documents are stored in a private repository, accessible only through temporary authenticated links.

10. Communications to Third Parties Designated by the Client

The Platform allows the client to order the sending of certain information to third parties designated by the client:

Labor advisory firms: On the occasion of a new employee's onboarding, the client may order the sending by email to their labor advisory firm of the employee data necessary to formalize the contract and manage payroll (identification, Social Security affiliation number, date of birth, address, IBAN, contractual conditions, workplace and contracting entity).
Maintenance technicians: Notification of incidents with the incident and workplace data, by email or via WhatsApp. In the latter case, the Platform merely opens the user's own WhatsApp application with the message prepared, with sending taking place from the user's personal account and under that service's conditions.

These communications require the prior approval of an authorized manager of the client, with the minimum access level the client has configured. The client, as data controller, guarantees the lawfulness of these communications, the accuracy of the data sent and that the designated recipients offer adequate safeguards. StaffControl carries out the sending exclusively on the client's instructions, in its capacity as data processor.

11. Intellectual and Industrial Property

All Platform content (design, source code, texts, logos, graphics, iconography and other elements) is the exclusive property of the Owner or its licensors and is protected by Spanish and international intellectual and industrial property legislation, in particular:

Real Decreto Legislativo 1/1996, of 12 April (Intellectual Property Law)
Ley 17/2001, of 7 December, on Trademarks

The reproduction, distribution, public communication or transformation, in whole or in part, of the Platform's content without the Owner's express written authorization is expressly prohibited.

The data and information entered by users (such as employee data, shifts or documents) are the property of the client and not of the Owner. The client may export their data at any time through the available export features.

12. Service Availability and Disclaimer of Liability

12.1. Availability

The Owner will make its best efforts to keep the Platform operational without interruption but does not guarantee its absolute availability. Interruptions may occur due to maintenance, updates or force majeure.

12.2. Limitation of liability

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

Temporary service interruptions due to maintenance or external causes
Damages arising from the user's improper use of the Platform
Data loss caused by the user's negligent conduct
Inaccuracies in the data entered by users or administrators
Inaccuracies in the results generated by AI features that the user has confirmed without reviewing
Inaccuracies in the data communicated to labor advisory firms or technicians when they originate from information entered by the client or its employees
The client's labor non-compliance with regard to working-time recording, hiring or notification of new hires to the competent bodies
Business decisions made on the basis of the Platform's reports and analytics

In no event shall the Owner's total liability exceed the amount paid by the client in the twelve (12) months prior to the event giving rise to the claim.

13. Personal Data Protection

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

In the relationship between StaffControl and the client company regarding the data of its employees, candidates, end customers and contacts, the parties act in accordance with article 28 of the GDPR:

The client company is the Data Controller
StaffControl acts as Data Processor

The Processor undertakes to process the data solely in accordance with the Controller's instructions and for the purposes described in the Privacy Policy, applying appropriate technical and organizational security measures.

14. Electronic Communications

In accordance with the LSSI-CE, StaffControl may send electronic communications of an operational and transactional nature related to the contracted service, such as:

Invitations to access the Platform
Notifications about changes to shifts, tasks or incidents
Notifications about contracts pending signature and onboarding processes
Billing and subscription status notices
Communications about relevant changes to the Terms or the service

These communications are not of a commercial or advertising nature. StaffControl will not send marketing communications without the recipient's express prior consent.

15. Suspension and Termination

15.1. By the user/client

The client may request the cancellation of their account and the deletion of their data at any time, subject to the legally mandatory retention periods described in the Privacy Policy.

15.2. By the Owner

The Owner reserves the right to suspend or cancel the access of a user or client who:

Breaches these Terms or applicable regulations
Uses the Platform fraudulently or abusively
Fails to pay the subscription fees within the established deadlines
Makes use that endangers the security or integrity of the Platform

16. Dispute Resolution

For any dispute arising from the use of the Platform, the parties will first attempt to reach an amicable solution. If this is not possible:

Consumer users may resort to the EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr
In the event of legal action, the Courts and Tribunals of the city of the consumer's domicile shall have jurisdiction, in accordance with Spanish consumer protection legislation
For professional users or companies, the parties submit to the Courts and Tribunals of the Owner's domicile

17. Applicable Law

These Terms are governed by the laws of the Kingdom of Spain. In particular:

Ley 34/2002 (LSSI-CE)
Regulation (EU) 2016/679 (GDPR)
Ley Orgánica 3/2018 (LOPDGDD)
Real Decreto Legislativo 1/2007 (General Law for the Defense of Consumers and Users)
Real Decreto Legislativo 2/2015 (Estatuto de los Trabajadores)
Real Decreto-ley 8/2019 (working-time records)
Regulation (EU) 910/2014 (eIDAS) and Ley 6/2020, of 11 November (electronic signature)
Regulation (EU) 2024/1689 (Artificial Intelligence Act)

18. Modifications to the Terms

The Owner reserves the right to modify these Terms at any time. Substantial modifications will be notified to users with a minimum notice of 30 calendar days before they take effect, by notice on the Platform or by email.

Continued use of the Platform after the modifications take effect will imply acceptance of the new Terms. If the user does not agree with the modifications, they may cancel their subscription before they take effect.

19. Partial Invalidity

If any of the clauses of these Terms is declared void or unenforceable by a competent court, the remaining clauses shall retain their full validity and effect. The void clause shall be replaced by another that, being valid, fulfills the purpose and spirit of the replaced clause.

20. Contact

For any queries related to these Terms, you can contact us at:

Email: hola@staffcontrol.app
Web: www.staffcontrol.app/#contact

Terms and Conditions of Use