Terms of Service
Puntavia automatically records working time on company computers: these Terms explain what the service does, what the company installing it must do, and what we undertake.
1. Parties, subject matter and acceptance
1.1. These Terms of Service (the “Terms”) govern access to and use of Puntavia (the “Services”), provided by Golova Europe SL, a company incorporated under Spanish law, with registered office at Calle l'Hospital 95, Planta 1, Puerta 2, 08001 Barcelona, Spain, Tax ID B70717004, EU VAT ESB70717004, registered with the Mercantile Registry of Barcelona, Volume 49139, Folio 218, Sheet B-609178 (the “Provider”, “Puntavia”, “we”). The Services are provided at https://puntavia.com.
1.2. The Services consist of an automatic record of working time (“registro de jornada”) for small companies in the European Union. The employer installs a desktop program (Windows, macOS and Linux) on work computers. Per interval, the program records the name of the active application, the window title and whether there was keyboard or mouse input.
1.3. Screenshots are off by default and are taken only if the company turns them on. There is also a mode in which the image is read on the employee's own computer and only the resulting text is sent.
1.4. An artificial intelligence model writes one plain sentence per person per day. Hours, breaks and that sentence are sent by email, and the record can be exported as a table for a labour inspection.
1.5. The Services never record keystrokes, the contents of messages or documents, location, camera, microphone or personal files, and they block no application, website or user action.
1.6. By registering an account, ticking the acceptance box or otherwise using the Services, the customer (the “Customer”, “you”) accepts these Terms and concludes a contract with the Provider on these terms.
1.7. These Terms, together with the Data Processing Agreement available at https://puntavia.com/dpa and the list of sub-processors published at https://puntavia.com/subprocessors, constitute the entire agreement between the parties on their subject matter.
1.8. The Services are aimed at businesses, self-employed professionals and natural persons acting in the course of a business or professional activity. Where the Customer is nonetheless a Consumer, section 14 applies and prevails over the general provisions in case of conflict.
1.9. These Terms are published in Spanish and in English. In the event of any discrepancy between the two versions, the Spanish version prevails; for Consumers, the language version in which the contract was concluded is binding.
2. Definitions
2.1. In addition to the terms defined elsewhere in these Terms:
- Account — the Customer's registration giving access to the Services dashboard.
- Customer — the company, self-employed professional or person that subscribes to the Services; in the employment relationship, the employer.
- Consumer — a natural person acting for purposes outside their trade, business, craft or profession, in accordance with Article 3 of Spanish Royal Legislative Decree 1/2007 (TRLGDCU) and Article 2 of Directive 2011/83/EU.
- Desktop program — the Puntavia application that the Customer installs on work computers and which performs the measurements described in section 1.
- Employee — a natural person using a computer on which the Customer has installed the Desktop program.
- Customer Data — the data collected by the Desktop program and any other data the Customer enters into or generates within the Services, including personal data of Employees.
- Working-time record — the hours, breaks and daily summaries the Services make available to the Customer and which the Customer can export as a table.
- Plan — subscription plan S, M or L, with the price and maximum number of people set out in section 4.
- Subscription — the Customer's right to use the Services within the scope of the chosen Plan for a paid monthly period.
- Trial — free, time-limited use of the Services offered upon registration.
- AI analysis — the daily sentence per person written by the artificial intelligence model described in section 11.
3. Registration and account
3.1. To use the Services, the Customer must register an Account providing accurate, complete and up-to-date details, including a valid email address, and keep them current. Service notifications and daily reports are sent to that address.
3.2. Whoever registers the Account confirms that they have full legal capacity to enter into this contract and, where registering on behalf of a legal entity, that they are authorised to bind it.
3.3. The Customer is solely responsible for the confidentiality of its credentials and for all activity carried out under its Account, including adding new computers and enabling optional features such as screenshots. Any suspicion of unauthorised use must be reported to us immediately at support@puntavia.com.
3.4. We may refuse a registration, or suspend or close an Account, where: (a) the details provided are inaccurate or fraudulent; (b) the Customer materially breaches these Terms, in particular the obligations in section 6; (c) amounts are overdue and unpaid; (d) required by applicable law or a competent authority.
3.5. Except in urgent cases or where the law prevents it, before suspending or closing an Account we will notify the Customer and give a reasonable opportunity to remedy the situation.
4. Plans, Trial and prices
4.1. Plans are charged per team, not per seat, and prices are stated excluding VAT:
- Plan S — €99 per month, up to 10 people.
- Plan M — €199 per month, up to 25 people.
- Plan L — €349 per month, up to 50 people.
4.2. Applicable VAT, where due, is added to the price and shown on the invoice.
4.3. Trial. Upon registration, the Customer has a free three (3) day Trial. No card details are requested to start it and therefore no automatic charge is made when it ends: to continue using the Services, the Customer must subscribe to a Plan. During the Trial, the AI analysis is limited to two computers.
4.4. Payment. The Subscription is monthly and paid in advance by card through Stripe. Invoices are issued and sent by Stripe. We do not receive or store card details.
4.5. Automatic renewal. The Subscription renews automatically at the end of each monthly period for a further monthly period, unless cancelled in accordance with clause 4.6.
4.6. Cancellation. The Customer may cancel the Subscription at any time from the subscription portal. Cancellation takes effect at the end of the period already paid for; there is no pro-rata refund of the current month.
4.7. Change of Plan. If the number of people exceeds the maximum of the chosen Plan, the Customer must move to the next Plan up. Plan changes are made from the Account dashboard.
4.8. Price changes. The prices in force are those published at https://puntavia.com. Any price change will be communicated by email with reasonable notice and will apply only to monthly periods following that communication; if the Customer does not agree, it may cancel the Subscription before the new price takes effect.
4.9. Non-payment. If a charge does not go through, we may suspend access to the Services until the amount due is paid, having first notified the Customer.
5. Right of withdrawal and refunds
5.1. Business Customers. Customers who are not Consumers do not benefit from the statutory right of withdrawal under Articles 9 to 15 of Directive 2011/83/EU. The unused part of the current month is not refunded on cancellation, in accordance with clause 4.6.
5.2. Consumers. Where the Customer is a Consumer, they have fourteen (14) calendar days from the conclusion of the contract to withdraw without giving any reason, in accordance with Articles 102 to 108 of the TRLGDCU and Directive 2011/83/EU.
5.3. Immediate performance. On subscribing, the Consumer is asked to expressly request that provision of the service begin immediately and to acknowledge that the right of withdrawal is lost once the service has been fully performed. Where performance has begun but is not yet complete, the Consumer may withdraw by paying an amount proportionate to the service already provided.
5.4. Withdrawal may be communicated by any unambiguous statement addressed to legal@puntavia.com or to the Provider's postal address, or by using the model form at the end of section 14. Any refund due will be made within fourteen (14) days of receipt of the communication, using the same means of payment used by the Consumer.
5.5. Outside the right of withdrawal, any other refund is at the Provider's discretion and is not a contractual obligation, unless required by a mandatory rule.
6. Use of the Services and Customer obligations
6.1. For the term of the Subscription, the Customer receives a non-exclusive, non-transferable and non-sublicensable right to access and use the Services within the scope of the chosen Plan.
6.2. The Customer is the employer and the controller of its Employees' personal data. Before installing the Desktop program and throughout its use of the Services, the Customer undertakes the following obligations, which are essential to this contract:
- To inform its staff that the program is installed and exactly what it records, in the detail set out in clauses 1.2 to 1.5.
- To have a lawful basis under its national law, including, where applicable, any duty to consult or inform employee representatives.
- Not to use the Services to monitor people who have not been informed.
- Not to install the Desktop program on computers it does not lawfully control.
- To be responsible for the accuracy of the Working-time record it keeps and for its compliance with the employment rules that apply to it.
- To decide, on its own responsibility, whether to enable screenshots and in which mode, and to inform its staff accordingly.
6.3. Puntavia provides the Customer with a template notice for staff. It is a practical aid: using it is no substitute for legal advice and does not transfer the obligations in clause 6.2 to the Provider.
6.4. The Customer must also not: circumvent the security measures of the Services or access other Customers' data; use the Services to process unlawful content; decompile or reverse engineer the software, except as permitted by a mandatory rule; use automated access tools without our prior written consent; or use the Services in a way that harms our infrastructure or other Customers.
6.5. We may suspend access to the Services where we reasonably consider that the Customer is materially in breach of clause 6.2 or that the security or stability of the Services is at risk. Except in urgent cases, we will give prior notice and a reasonable period to remedy the situation.
6.6. The Customer will indemnify the Provider against third-party claims, including those of its Employees and of employment or data protection authorities, arising from a breach of the obligations in this section.
7. Availability, maintenance and changes
7.1. The Services are provided as is and with the diligence of a professional operator. We do not guarantee any uptime percentage or uninterrupted, error-free operation.
7.2. We may carry out maintenance that briefly interrupts the reception of data. We will endeavour to schedule it so that the impact is minimal.
7.3. The Desktop program keeps measurements locally when there is no connection and sends them once the connection returns, so that a brief interruption does not in itself mean the loss of the Working-time record.
7.4. We may update the Services, including the interface and the set of features. If a change substantially reduces the functionality of the chosen Plan, we will notify the Customer by email and the Customer may cancel the Subscription.
8. Intellectual property
8.1. All intellectual and industrial property rights in the Services — the code of the Desktop program and the server, the designs, the documentation, the “Puntavia” trade mark and its figurative elements, and the domain names — belong to the Provider or its licensors. These Terms transfer none of those rights to the Customer, which obtains only the right of use described in clause 6.1.
8.2. The Customer retains all rights in the Customer Data and grants the Provider a non-exclusive, limited licence to host and process them to the extent necessary to provide the Services and in accordance with the Customer's instructions.
8.3. The Provider may use aggregated or anonymised data derived from the operation of the Services — data that identify no individual and no Customer — for the maintenance and improvement of the Services.
8.4. Any mention of the Customer's name or logo in the Provider's materials requires the Customer's prior authorisation, which may be withdrawn at any time by writing to hello@puntavia.com.
9. Liability
9.1. Each party is liable to the other for damage caused by its breach of these Terms, subject to the limits set out below.
9.2. To the extent permitted by law, the Provider's liability for any claim arising out of or in connection with these Terms is limited to the amounts actually paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.
9.3. Nothing in these Terms limits or excludes liability for wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be excluded under Spanish law.
9.4. The Working-time record is a tool made available to the Customer. Compliance with employment rules on time recording, retention and production during an inspection rests with the Customer under clause 6.2.
9.5. As against Consumers, no limitation in this section applies to the extent that it conflicts with mandatory consumer protection rules.
10. Data protection
10.1. Where the Customer uses the Services to process personal data of its Employees, the Customer is the controller and the Provider acts as processor, processing those data on the Customer's instructions.
10.2. That processing is governed by the Data Processing Agreement available at https://puntavia.com/dpa, which forms part of these Terms and which the Customer accepts by accepting these Terms.
10.3. The current list of sub-processors is published at https://puntavia.com/subprocessors.
10.4. The Provider processes the contact and billing data of the Customer's representatives as controller, to the extent necessary to manage the Account, the Subscription and support.
10.5. Data protection enquiries may be addressed to privacy@puntavia.com.
11. AI features and transparency
11.1. The AI analysis uses Anthropic's Claude models. To write the daily sentence, application names, window titles and, if the company has enabled them, screenshots are sent.
11.2. Those data are not used to train models.
11.3. The model writes a summary and takes no decision producing legal effects concerning a person or similarly significantly affecting them. Employment decisions rest solely with the Customer.
11.4. The hours and breaks underlying the summary are computed by the server, not by the model, and are always visible to the Customer, who can check the sentence against the underlying data.
11.5. During the Trial, the AI analysis is limited to two computers (clause 4.3).
12. Term and termination
12.1. The contract takes effect when the Account is registered and remains in force for as long as the Account exists.
12.2. The Customer may cancel the Subscription at any time under clause 4.6, with effect at the end of the paid period.
12.3. The Provider may terminate the contract on reasonable notice by email, and with immediate effect if the Customer materially breaches these Terms and fails to remedy the breach after our request.
12.4. When the Subscription ends, the Customer keeps its data and the wind-down is staged:
- First the AI analysis and screenshots stop.
- Data collection continues for a further fourteen (14) days.
- After that period, reception of data stops.
12.5. At any time, including during that period, the Account owner can export or delete all data from the dashboard.
13. Communications and notices
13.1. Service communications — daily reports, Subscription notices, changes to these Terms and security alerts — are sent to the Customer's registered email address, which the Customer is responsible for keeping up to date.
13.2. Invoices are issued and sent by Stripe in accordance with clause 4.4.
13.3. Marketing communications are sent only where the law allows and always include an unsubscribe link.
13.4. Legal notices to the Provider must be sent to legal@puntavia.com, copying hello@puntavia.com; support is handled at support@puntavia.com. Legal notices to the Customer are sent to its registered email address.
13.5. Where these Terms require writing, email satisfies that requirement, provided the sender's identity and the integrity of the content can reasonably be established.
14. Special provisions for Consumers
14.1. The Services are aimed at businesses and professionals. Where the Customer is nonetheless a Consumer, the following provisions apply and prevail over the general ones in case of conflict:
- Spanish consumer law applies, in particular Royal Legislative Decree 1/2007 (TRLGDCU).
- The fourteen (14) day right of withdrawal applies to distance contracts, in accordance with section 5.
- The Consumer expressly requests immediate provision of the service and acknowledges that the right of withdrawal is lost once the service has been fully performed.
- No limitation of liability in section 9 applies to the extent that it conflicts with mandatory consumer protection rules.
- The Consumer may bring proceedings before the courts of their own domicile, regardless of section 15.
- The European online dispute resolution platform is available at https://ec.europa.eu/consumers/odr.
14.2. Model withdrawal form (complete and return this form only if you wish to withdraw from the contract):
- To: Golova Europe SL, Calle l'Hospital 95, Planta 1, Puerta 2, 08001 Barcelona, Spain — legal@puntavia.com
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following service: _______________________
- Date of conclusion of the contract: _______________________
- Name of consumer(s): _______________________
- Address of consumer(s): _______________________
- Signature of consumer(s) (only if this form is notified on paper): _______________________
- Date: _______________________
- (*) Delete as appropriate.
15. Governing law and miscellaneous
15.1. These Terms are governed by Spanish law, without prejudice to the mandatory consumer protection rules that apply under section 14.
15.2. Any dispute arising out of or in connection with these Terms is subject to the courts of Barcelona, Spain, without prejudice to a Consumer's right to bring proceedings before the courts of their own domicile.
15.3. We may amend these Terms. Material changes will be communicated by email with reasonable notice; if the Customer does not accept them, it may cancel the Subscription before they take effect. Continued use of the Services after that date constitutes acceptance.
15.4. The Customer may not assign the contract without our prior written consent. The Provider may assign it to a successor in a merger, acquisition or reorganisation, provided the assignee assumes its obligations.
15.5. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and the affected provision will be replaced by a valid one that comes as close as possible to the original intention.
15.6. A failure by the Provider to exercise a right at any given time is not a waiver of that right.
15.7. These Terms are published in Spanish and in English; in the event of any discrepancy, the Spanish version prevails.
16. Contact details
- Golova Europe SL
- Tax ID (CIF): B70717004
- EU VAT: ESB70717004
- Registered office: Calle l'Hospital 95, Planta 1, Puerta 2, 08001 Barcelona, Spain
- Mercantile Registry of Barcelona, Volume 49139, Folio 218, Sheet B-609178
- General contact: hello@puntavia.com
- Legal contact: legal@puntavia.com
- Support: support@puntavia.com
- Data protection: privacy@puntavia.com
- Phone: +34 672 390 777
- Service: https://puntavia.com
Data Processing Agreement: https://puntavia.com/dpa · Sub-processor list: https://puntavia.com/subprocessors