Terms and Conditions
This Master Subscription Agreement (the "Agreement", "Terms") governs access to and use of the Services (defined below) provided by Hola Finance (trading name of Harrison Spink, Tax ID: Y8624202K), with address at Calle Granada 7, Vélez Rubio, 04820, Andalucía, Spain ("Hola Finance", "we", "us", "our"). By creating an account, accessing, or using the Services, the individual or legal entity identified in the order, signup flow, or account ("Customer", "you", "your") agrees to be bound by this Agreement. If you are acting on behalf of a entity, you represent that you have full authority to bind such entity.
Related documents
This Agreement incorporates by reference: (i) the Privacy Policy; (ii) any Order (pricing page, plan selection, or written order form); (iii) the Data Processing Addendum (DPA), where applicable; (iv) the Acceptable Use Policy (AUP); (v) Service Levels & Support Policy (SLA); and (vi) any other policies or schedules referenced herein.
Order of precedence: Order → DPA → SLA → this Agreement → AUP → Privacy Policy → other policies
Table of contents
1. Definitions
"Accountant" means a person or firm that Customer links or authorizes in the Services to access Customer Data and act on Customer's behalf.
"Affiliate" means any entity that controls, is controlled by, or is under common control with a party.
"AUP" means the Acceptable Use Policy in Annex A.
"Confidential Information" means information disclosed by a party that is marked or reasonably understood as confidential, including business, technical, security, and customer information.
"Customer Data" means any data, content, files, communications, or information submitted to the Services by or on behalf of Customer, including data ingested from Integrations.
"Documentation" means usage guides, specs, and policies made available by Hola Finance.
"High‑Risk Activities" means uses where failure could lead to death, personal injury, severe environmental or property damage (e.g., medical devices, aviation, nuclear facilities).
"Integration(s)" or "Third‑Party Service(s)" means services Customer elects to connect, including without limitation Stripe, PayPal, GoCardless, Plaid, Xero, QuickBooks, FreeAgent, OpenExchange, WhatsApp/Meta, Vonage/Nexmo, Postmark, Microsoft 365, Crisp, or others.
"Order" means the plan selection, quote, or online checkout specifying Services, term, and fees.
"Personal Data" has the meaning set out in applicable data protection law (e.g., GDPR).
"Services" means Hola Finance's hosted web application, mobile apps, APIs, connectors, ingestion agents, and all related features made available to Customer, including beta or evaluation features.
"SLA" means the Service Levels & Support Policy in Annex B.
"Subprocessor" means a third party engaged by Hola Finance to process Personal Data for the provision of the Services, as listed in the Privacy Policy or Annex D.
2. Scope; Access & Use
2.1 Provision
Subject to this Agreement and timely payment of fees, Hola Finance grants Customer a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable right to access and use the Services during the Term for Customer's internal business purposes in accordance with the Documentation and AUP.
2.2 Accounts
Customer must maintain accurate account information and secure all credentials, API keys, and tokens. Customer is responsible for all activities under its accounts, including those by Users and Accountants.
2.3 Changes
Hola Finance may modify the Services (including by adding, changing, or discontinuing features) provided such changes do not materially reduce core functionality of the paid plan during the then‑current subscription term, except for (i) beta/evaluation features, (ii) features subject to legal/regulatory change, or (iii) deprecations pursuant to §19.
2.4 Suspension
We may suspend access immediately (a) to address security risks or legal requests; (b) for non‑payment; (c) for AUP violations; or (d) to prevent material harm. We will lift suspension once the issue is resolved.
3. Customer Responsibilities
3.1 Compliance
Customer is solely responsible for:
- The lawfulness, quality, and accuracy of Customer Data
- Providing required notices and obtaining necessary consents from data subjects
- Maintaining its own records, backups outside the Services as desired, and compliance with accounting/tax laws
- Ensuring Users and Accountants comply with this Agreement and the AUP
3.2 Restrictions
Customer will not (and will not permit any third party to):
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services
- Bypass or violate security controls or rate limits
- Resell, rent, or provide the Services to third parties except as expressly authorized
- Access the Services to build a competing product
- Use the Services for High‑Risk Activities
- Submit illegal content or infringing material
- Use web scraping or automated harvesting not expressly permitted by the API
3.3 Data Minimization
Customer will not intentionally upload special categories of data unless necessary for lawful processing.
3.4 Export Controls & Sanctions
Customer represents it is not subject to sanctions and will not use the Services in violation of export control or sanctions laws.
4. Accountants; Authorized Agents; Tax Submissions
4.1 Linking & Permissions
Customer may link an Accountant through the dashboard. By linking, Customer authorizes the Accountant to access, process, and transmit Customer Data within the granted permissions (e.g., preparing filings, exporting data, posting journal entries).
4.2 Self‑Verification of Authority
Customer acknowledges that Accountants must self‑verify they possess legal authority to act for Customer; Hola Finance does not independently verify.
4.3 Effect of Instructions
Any instruction relayed via Customer's linked Accountant shall be deemed an instruction by Customer. Customer remains responsible for its agents' acts and omissions.
4.4 Tax Systems
Upon Customer's (or linked Accountant's) documented request, Hola Finance may submit data to tax systems or platforms (e.g., Veri*factu). Hola Finance acts as a technical conduit and is not responsible for content, accuracy, acceptance, or consequences of such submissions.
4.5 Independent Controller
Accountants receiving Customer Data act as independent controllers under their own arrangements with Customer and are not Subprocessors of Hola Finance.
5. Third‑Party Services & Integrations
5.1 Optionality
Integrations are optional and activated solely by Customer.
5.2 No Control
Hola Finance does not control and is not responsible for Third‑Party Services, their terms, availability, security, or processing of data. Customer's use of Third‑Party Services is at its sole risk and governed by those providers' terms.
5.3 Credentials
Integration credentials and tokens stored by the Services are encrypted at rest. Once connected, Third‑Party Services may access, modify, or delete Customer Data pursuant to Customer's settings; Hola Finance is not responsible for their actions.
5.4 Open Banking & Payments
Banking data via Plaid and payments via Stripe/PayPal/GoCardless are subject to those providers' agreements; Hola Finance does not store card numbers or PINs and is not a payment institution.
5.5 AI‑Assisted Features
Where AI is used (e.g., expense extraction/classification), outputs are probabilistic and provided for assistive purposes only; Customer must review and validate all results.
6. Intellectual Property; Feedback; OSS
6.1 Ownership. As between the parties, Hola Finance owns all rights in the Services and Documentation; Customer owns Customer Data.
6.2 License to Host. Customer grants Hola Finance a worldwide, non‑exclusive, royalty‑free license to host, store, transmit, and process Customer Data solely to provide and support the Services, perform security/anti‑abuse measures, and fulfill legal obligations.
6.3 Feedback. Customer grants Hola Finance a perpetual, irrevocable, worldwide, royalty‑free license to use suggestions or feedback for improving the Services without restriction.
6.4 Open Source. The Services may include or interact with open‑source components under their respective licenses. To the extent of conflict, those licenses govern Customer's use of such components.
7. Security; Access by Support & Engineering
7.1 Security Program. Hola Finance maintains administrative, physical, and technical safeguards appropriate to the nature of the Services, including transport encryption, access controls, vulnerability management, and encrypted backups.
7.2 Support Access (Break‑Glass). Authorized staff may access limited Customer Data solely to diagnose, support, or resolve an incident, under least‑privilege, time‑bound, and logged procedures.
7.3 Business Continuity. Hola Finance maintains disaster recovery and business continuity processes with periodic testing; RPO/RTO targets are described in the SLA (Annex B) and are objectives, not guarantees.
8. Service Levels; Availability; Maintenance
8.1 Availability. Hola Finance targets high availability but provides no uptime guarantee except as explicitly stated in the SLA.
8.2 Maintenance Windows. Planned maintenance will be performed during designated windows where feasible; emergency maintenance may occur at any time.
8.3 Credits. Any service credits described in the SLA are Customer's sole remedy for availability or performance issues.
9. Fees; Taxes; Billing; Overages
9.1 Fees. Fees are as stated in the Order or pricing page and are payable in advance for each subscription period.
9.2 Usage/Overages. Certain features may be metered (e.g., storage, API calls, message volume). Overage fees apply as specified and will be invoiced monthly.
9.3 Taxes. Fees exclude taxes; Customer is responsible for all sales, VAT, GST, withholding, or similar taxes (excluding taxes on Hola Finance's income).
9.4 Late Payment. Unpaid amounts may accrue late fees (e.g., 1.5% per month or the maximum lawful rate) and reasonable collection costs. We may suspend for non‑payment after notice.
9.5 Refunds. Except where required by law or expressly stated, fees are non‑refundable.
9.6 Chargebacks. Filing chargebacks without prior good‑faith notice may result in immediate suspension.
10. Confidentiality
10.1 Obligations. Each party will (a) protect the other's Confidential Information using at least reasonable care; (b) use it solely for purposes of this Agreement; and (c) disclose it only to personnel and advisers with a need to know and under obligations of confidentiality.
10.2 Exceptions. Confidential Information does not include information that is public, already known, independently developed, or disclosed by a third party lawfully.
10.3 Compelled Disclosure. A party may disclose Confidential Information if legally compelled, provided it gives prompt notice (where lawful) and cooperates to seek protective treatment.
11. Data Protection; DPA; Subprocessors
11.1 Privacy Policy. The Privacy Policy describes how we collect and process Personal Data and is incorporated by reference.
11.2 Roles. For Customer Data within workspaces, Hola Finance acts as Processor and Customer as Controller under GDPR. For account admin, billing, security, and marketing, Hola Finance is Controller.
11.3 DPA. Where required by law, the parties shall enter into a DPA. If there is conflict between the DPA and this Agreement regarding Personal Data processing, the DPA controls.
11.4 Subprocessors. Hola Finance may use Subprocessors as listed in the Privacy Policy/Annex D and will provide notice of material changes; Customer may object per the DPA.
11.5 International Transfers. Where relevant, transfers will be made under appropriate safeguards (e.g., SCCs).
12. Warranties; Disclaimers
12.1 Limited Warranty. Hola Finance warrants it will provide the Services in a professional and workmanlike manner consistent with industry standards.
12.2 Disclaimers. Except as expressly provided, the Services, Documentation, and outputs (including AI‑assisted features, OCR, exchange rates, categorization, tax calculations, currency conversions) are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, non‑infringement, accuracy, or reliability. Customer is solely responsible for review and validation of all outputs.
12.3 No Professional Advice. The Services do not constitute legal, tax, accounting, or investment advice.
13. Indemnities
13.1 By Customer. Customer will defend, indemnify, and hold harmless Hola Finance and its Affiliates, officers, employees, and contractors from any claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising from: (a) Customer Data; (b) Customer's use of the Services in violation of the AUP or law; (c) disputes with or actions of Accountants; (d) Customer's use of Third‑Party Services; or (e) alleged breach of this Agreement by Customer.
13.2 By Hola Finance (IP Indemnity). Hola Finance will defend Customer against claims alleging that the Services, as provided, infringe a third party's EU intellectual property rights, and will pay finally awarded damages or settlements approved by Hola Finance, provided Customer (i) promptly notifies us, (ii) gives us sole control of the defense and settlement, and (iii) cooperates as reasonably requested. We may procure the right for Customer to continue using the Services, modify the Services to be non‑infringing, or terminate the affected Services and refund prepaid unused fees. This §13.2 does not apply to claims arising from Customer Data, combinations not supplied by Hola Finance, compliance with Customer specifications, or Customer's breach of this Agreement. THIS §13.2 STATES CUSTOMER'S EXCLUSIVE REMEDY FOR IP INFRINGEMENT.
14. Limitation of Liability
14.1 Exclusion. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenues, business, goodwill, or data, even if advised of the possibility.
14.2 Cap. Each party's aggregate liability arising out of or related to this Agreement will not exceed the total fees paid or payable by Customer to Hola Finance for the Services giving rise to the claim in the twelve (12) months preceding the event.
14.3 Carve‑Outs. The cap does not limit liability for (a) Customer's payment obligations; (b) Customer's indemnity under §13.1; (c) breach of licensing restrictions; or (d) intentional misconduct or fraud to the extent such limitation is unenforceable by law.
14.4 Data Loss. Customer is responsible for maintaining copies of important records outside the Services; Hola Finance is not liable for loss of Customer Data except to the extent caused by Hola Finance's willful misconduct and then subject to the cap.
15. Trials; Betas; Free Plans
15.1 Trials/Free. If Customer registers for a free trial or free plan, the Services are provided as‑is without warranties or SLA. We may terminate or limit access at any time.
15.2 Beta/Preview. Beta features may be incomplete, may change, and may be withdrawn without notice. Customer assumes all risks.
16. API Terms; Rate Limits; Changes
16.1 API License. Subject to this Agreement, Hola Finance grants Customer a limited license to use the APIs to build integrations for internal use.
16.2 Rate Limits. Customer will comply with documented rate limits; excessive calls may result in throttling or suspension.
16.3 Deprecation. We may deprecate or modify APIs with advance notice where feasible.
16.4 Attribution & Branding. Use of our marks requires prior written consent.
17. Publicity; References
Unless Customer opts out in writing, Hola Finance may use Customer's name and logo in a list of customers and customary marketing materials. Any case studies require Customer's prior approval.
18. Government; Consumer; Sector‑Specific Terms
18.1 Government Use. If Customer is a public body, any conflicting procurement or mandatory statutory terms apply only to the extent required by law; otherwise, this Agreement governs.
18.2 Consumer Law. The Services are intended for business use. If Customer qualifies as a consumer under applicable law, mandatory consumer rights prevail to the extent they conflict.
18.3 Sectoral Laws. Hola Finance is not a regulated financial institution, payment services provider, or healthcare provider; sectoral laws applicable to such entities do not apply to Hola Finance unless explicitly required.
19. Changes to Services; Feature EOL
19.1 Continuous Improvement. We may improve or modify features. For material deprecations of core paid functionality, we will provide reasonable advance notice and, where feasible, mitigation or alternative paths.
19.2 Legacy Features. We may sunset legacy endpoints or formats in accordance with documented timelines.
20. Term; Termination; Effect
20.1 Term. Subscriptions renew automatically for successive periods unless terminated per the Order or Customer disables renewal.
20.2 Termination for Cause. Either party may terminate for material breach not cured within 30 days of notice.
20.3 Effect. Upon termination, Customer's access ceases; we will retain or delete data in accordance with the Privacy Policy/DPA. Customer remains liable for all fees due up to termination.
20.4 Data Export. For 30 days after termination (unless suspended for cause), Customer may export standard formats available in the Services.
21. Notices
Notices will be in writing and deemed given when (a) delivered by hand, (b) sent by reputable courier, or (c) sent by email to the addresses on file (for Hola Finance: [email protected]). Routine product notices may be provided in‑app.
22. Governing Law; Venue; Injunctive Relief
This Agreement is governed by the laws of Spain without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the courts of Almería, Andalucía, Spain. Either party may seek injunctive or equitable relief for breach of confidentiality or IP rights.
23-50. Additional Provisions
The full agreement includes additional provisions covering: Assignment, Entire Agreement, Interpretation, High-Risk Activities, Currency & FX, Messaging, Records & Audits, Export Controls, Open Source, Public Sector, Language, Independent Contractors, Insurance, Force Majeure, Content Standards, IP Infringement Notices, Resale, Data Localization, Retention, Pricing, Reinstatement, Custom Terms, Waivers, Customer Systems, Anonymized Data, Support Channels, and Counterparts.
Annex A — Acceptable Use Policy (AUP)
A.1 Customer will not use the Services: (a) for unlawful, harmful, or fraudulent activities; (b) to violate IP, privacy, or publicity rights; (c) to transmit malware or spam; (d) to attempt unauthorized access; (e) to interfere with other users or service operations; (f) for High‑Risk Activities; (g) to process prohibited data under applicable law without lawful basis.
A.2 Rate limits and fair‑use: Customer will respect published API limits and not employ abusive automation.
A.3 Security research: do not test vulnerabilities without prior written permission; report issues responsibly.
A.4 Prohibited industries/uses: child sexual abuse material, human trafficking, terror or extremist propaganda, illegal gambling, and other unlawful content.
Annex B — Service Levels & Support Policy (SLA)
B.1 Availability Objective. Hola Finance targets high availability measured monthly excluding scheduled maintenance, force majeure, and Third‑Party Service outages.
B.2 Maintenance. We will endeavor to schedule maintenance during low‑impact windows and provide notice where feasible.
B.3 Support. Support hours and response targets (informational only) are posted in the Documentation.
B.4 Credits. If an uptime credit program is offered, credits (if any) are Customer's sole and exclusive remedy for availability issues.
Annex C — Data Processing Addendum (Summary)
C.1 Roles: Customer (Controller), Hola Finance (Processor) for workspace data.
C.2 Instructions: processing only per Customer's documented instructions.
C.3 Security: measures per §7 and the Privacy Policy.
C.4 Subprocessors: listed in Annex D/Privacy Policy; notice of changes; right to object per DPA.
C.5 Assistance: reasonable assistance with data subject requests and DPIAs.
C.6 Breach: notify without undue delay upon becoming aware of a personal data breach.
C.7 Return/Deletion: upon termination, delete or return Personal Data subject to legal retention.
Annex D — Subprocessor Register (Reference)
The current list of Subprocessors (e.g., Laravel Cloud/AWS+Cloudflare, Hetzner, Backblaze, OpenAI, Postmark, Microsoft 365, Crisp, Vonage/Nexmo, WhatsApp/Meta, Stripe, PayPal, GoCardless, Plaid, Xero, QuickBooks, FreeAgent, OpenExchange) is maintained in the Privacy Policy and may be updated with notice in accordance with the DPA.
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