local brain

Terms of sale

This is a courtesy translation. If there is any discrepancy between this text and the Spanish version, the Spanish version prevails. Read the Spanish version

1. General information and purpose

These Terms of Sale (hereinafter, the “Terms”) govern the purchase of the software as a service (SaaS) offered through the website localbrain.app and the application accessible at app.localbrain.app (hereinafter, the “Service” or “Local Brain”), a software platform focused on search engine optimization for local businesses (local SEO).

The owner of the Service is:

  • Owner: LOCAL VISIBILITY AND SOLUTIONS, LLC
  • Tax ID (NIF/CIF): 38-4249574
  • Address: 407 Lincoln Road, Suite 12-N, Miami Beach, FL 33139, United States
  • Email: info@localbrain.app
  • Telephone: not available

Purchasing the Service implies full and unreserved acceptance of these Terms, which are supplemented by the Legal Notice and the Privacy Policy. This relationship is governed by Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), and, where the purchaser acts as a consumer, by Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users.

2. Purchase process

The purchase is carried out entirely electronically through the application, following these steps:

  • Registration of a user account, providing the required information.
  • Selection of the desired subscription plan.
  • Entry of the billing details and the payment method.
  • Express acceptance of these Terms and of the Privacy Policy.
  • Confirmation of the order and completion of the payment.

Once the process has been completed, the Owner will send a confirmation of the purchase to the email address provided by the User, in compliance with Article 28 of the LSSI-CE. The contract is deemed concluded at the time of that confirmation.

The User declares that they are of legal age and have sufficient legal capacity to enter into contracts. When purchasing on behalf of a legal entity, the User states that they have sufficient authority to represent it.

3. Prices and taxes

The applicable prices are those in force and published on localbrain.app or in the application at the time of purchase. Prices are expressed in euros (EUR).

  • Applicable taxes, in particular Value Added Tax (VAT), will be shown separately before the purchase is completed, in accordance with current tax regulations.
  • For business or professional customers from other EU Member States with a valid intra-Community VAT number, the reverse charge mechanism may be applied, where appropriate.
  • The Owner reserves the right to modify prices. Any modification will be communicated in advance and will apply to renewals after its entry into force, never to the period already paid.

4. Payment methods, billing and renewal

The subscription is paid in advance using the methods enabled on the platform (credit or debit card and other methods available through the payment provider).

  • The subscription is billed periodically according to the option chosen (monthly or annual).
  • The subscription renews automatically at the end of each period for an equivalent period, unless the User cancels beforehand.
  • The renewal charge will be made to the registered payment method at the start of each new period.
  • The Owner will issue the corresponding invoice, which will be available to the User in their customer area.

Non-payment or rejection of the charge may result in the suspension or cancellation of access to the Service.

5. Trial period

Where a free trial period is offered, its conditions, duration and limitations will be detailed at the time of activation. Unless otherwise indicated, at the end of the trial period the paid subscription will start automatically under the selected option, and the corresponding charge will be made, unless the User cancels before the trial ends.

6. Right of withdrawal

Where the User is a consumer, they generally have a period of fourteen (14) calendar days to withdraw from the contract without giving any reason, in accordance with Royal Legislative Decree 1/2007.

6.1. Exception for digital services

In accordance with Article 103.m) of Royal Legislative Decree 1/2007, the right of withdrawal does not apply to the supply of digital content or services not supplied on a tangible medium once performance has begun, with the consumer’s prior express consent and their acknowledgment that they lose their right of withdrawal once the contract has been fully performed.

By purchasing the Service and requesting immediate access to the platform, the User expressly consents to the start of performance before the end of the withdrawal period and acknowledges that they will lose their right of withdrawal once the service has been performed. The Owner will provide the consumer, on a durable medium (for example, the purchase confirmation email), with confirmation of this consent given before performance began and of their acknowledgment of the loss of the right of withdrawal once the service has been performed.

6.2. Exercising the right of withdrawal

Where applicable, the right of withdrawal may be exercised by communicating it unequivocally to info@localbrain.app. Any refund will be made using the same payment method used for the purchase.

7. Duration and cancellation

The subscription lasts for the period purchased and renews automatically in accordance with section 4.

  • The User may cancel the renewal at any time from their customer area or by requesting it at info@localbrain.app.
  • Cancellation will take effect at the end of the current period already paid, with access maintained until that date and with no refund for the period already begun, unless mandatory legal provisions state otherwise.
  • The Owner may terminate the contract in the event of a breach of these Terms, non-payment, or fraudulent or unlawful use of the Service.

8. User obligations

The User undertakes to:

  • Provide truthful, accurate and up-to-date information when purchasing and using the Service.
  • Keep their access credentials safe and take responsibility for the activity carried out with their account.
  • Use the Service in accordance with the law, these Terms and the guidelines of the third-party platforms with which the Service interoperates.
  • Not engage in practices that violate the policies of search engines or business listings, nor use the Service for unlawful or fraudulent purposes or purposes harmful to third parties.
  • Hold the necessary permissions over the profiles, data and content they manage through the platform.

9. Availability of the Service

The Owner will use reasonable means to keep the Service continuously available. However, the Service may be interrupted by maintenance work, updates, technical incidents or force majeure.

The Service depends on third-party platforms and APIs (such as search engines or business listing services) whose operation, changes or restrictions are beyond the Owner’s control. The Owner does not guarantee specific ranking results, as these depend on external factors.

10. Limitation of liability

To the extent permitted by applicable law, the Owner’s liability is limited to direct and foreseeable damages that are actually proven, up to the amount paid by the User in the twelve (12) months prior to the event giving rise to the damage.

The Owner will not be liable for indirect damages, loss of profits, loss of data attributable to the User or to third parties, or for the consequences arising from the unavailability of, or changes in, third-party services. Nothing in this clause excludes liability that cannot be limited by law, in particular toward consumers.

11. Data protection

The processing of the User’s personal data is governed by Regulation (EU) 2016/679 (GDPR) and by Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), as detailed in the Privacy Policy.

The User may exercise their rights of access, rectification, erasure, objection, restriction and portability by writing to info@localbrain.app. They may also lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD), with its address at C/ Jorge Juan, 6, 28001 Madrid (www.aepd.es).

12. Changes to the terms

The Owner may modify these Terms for legal, technical or business reasons. Modifications will be communicated to the User with reasonable notice and will apply to renewals after their entry into force. Continued use of the Service after that entry into force will imply acceptance of them.

13. Applicable law and dispute resolution

These Terms are governed by Spanish law.

For the resolution of any dispute, the parties submit to the Courts and Tribunals that are competent under the applicable regulations. Where the User is a consumer, the courts of the place of their domicile will be competent.

Consumers may also turn to the alternative consumer dispute resolution bodies that are competent to resolve the dispute out of court.

For any query regarding these Terms, the User may write to info@localbrain.app or call the telephone number: not available.