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Legal

Terms of Service

Version 3 November 2026, in force from 9 October 2026

1. Parties and subject matter

Provider: Marco Lohmann, trading as newways.consulting, VAT number ESY8537566A, Palma de Mallorca, Spain. Full details appear in the Legal notice.

Customer: the natural or legal person who books the service in the course of their trade, business or profession.

Subject matter: the provider makes the newways.suite application available to the customer as software as a service, including hosting, maintenance and ongoing development.

2. Who the service is for

The service is intended exclusively for businesses and professionals within the meaning of Art. 4 TRLGDCU. It is not intended for consumers.

A VAT number is not required to book. If one is provided, a check through the VIES system is initiated. Should a customer nonetheless be a consumer in an individual case, the mandatory protective provisions applicable to them apply, including the right of withdrawal described in the Right of withdrawal document.

3. Formation of the contract

  1. The presentation of plans on the website is not a binding offer but an invitation to book.
  2. The customer completes the booking form, reviews the summary and presses the "Order with obligation to pay" button. This constitutes their declaration of intent.
  3. The contract is formed when the provider confirms the booking by email. This confirmation is sent without delay and contains the contract terms on a durable medium.
  4. The contract text is stored and remains accessible to the customer within the application.

4. Free initial period

The first 14 calendar days from formation of the contract are not invoiced.

The contract exists from day one; what is free is the use during that period. If the customer terminates within those 14 days, no invoice is issued. If the period passes without termination, the billing period begins in accordance with clause 6.

The provider notifies the customer by email at least three days before the free period ends.

5. Scope of service

  1. The provider aims for 99 % availability on an annual average, excluding announced maintenance and circumstances beyond its control.
  2. Foreseeable maintenance is announced at least 48 hours in advance and carried out where possible outside normal Spanish business hours.
  3. The provider may develop the application further and change functions. Essential functions will not be removed without 60 days' notice; if such removal affects the customer other than insignificantly, they may terminate with effect from the date of the change.
  4. The service requires an internet connection and a current browser on the customer's side. Providing these is not part of the contract.

6. Prices, invoicing and payment

  1. The prices of the plan booked apply, as displayed before booking. They are stated exclusive of VAT.
  2. Billing is monthly or annually in advance, as chosen. Under annual billing, the regular charge is ten monthly amounts for twelve months of service. Promotional terms expressly displayed before booking apply for the stated period. Under the introductory offer of 50 % off the first twelve paid months, annual billing charges twelve half-price regular monthly amounts; the annual discount does not apply in addition. Regular billing resumes afterwards. The free trial does not count towards the promotional period. Existing contracts do not receive the offer automatically.
  3. VAT treatment depends on the customer:
  • Customer established in Spain: 21 % IVA.
  • Business in another member state with a valid VAT number: out of scope, reverse charge (Art. 196 Directive 2006/112/EC); the customer accounts for the tax in their own state.
  • Business in another EU member state without a VAT number: 21 % Spanish IVA.
  • Customer outside the European Union: out of scope.
  1. Where the customer is a business established in Spain, Spanish IRPF withholding may apply. It is then shown on the invoice.
  2. Payment is made by bank transfer within 14 days of the invoice date, unless another payment method is set up on the customer's account.
  3. If payment is not made when due, the provider may claim default interest under Spanish Act 3/2004. Before suspending the service, the provider sends two reminders and allows a further period of at least 14 days.
  4. Prices may be adjusted on 60 days' notice. The customer may terminate with effect from the date the new price takes effect. If they do not terminate, the adjustment is deemed accepted.

7. Term and termination

  1. The contract runs for an indefinite period.
  2. Under monthly billing it may be terminated at any time with effect from the end of the current billing period.
  3. Under annual billing it may be terminated with effect from the end of the current annual period, on 30 days' notice.
  4. Termination may be declared within the application itself or in text form. The provider confirms receipt.
  5. The right to terminate for good cause remains unaffected. Good cause for the provider includes, in particular, non-payment despite reminders and a further period, and unlawful use of the service.

8. Customer data

  1. The data the customer enters into the application belongs to them.
  2. In this respect the provider acts as a processor. The terms are set out in the Data Processing Agreement, which forms part of these terms.
  3. During the term, the customer may export their data at any time in machine-readable formats.
  4. After the contract ends, the data remains readable and exportable for 30 days. It is then deleted unless a statutory retention obligation applies.
  5. The provider does not pass customer data to third parties for its own purposes and does not use it to train artificial intelligence models.

9. Customer obligations

  1. To keep access credentials secure and not pass them on.
  2. To report any unauthorised access that comes to their attention without delay.
  3. Not to enter unlawful content, nor data for whose processing they lack a legal basis.
  4. To fulfil, towards their own clients, the obligations incumbent on them as controller.

10. Functions involving third parties

Certain functions are delivered with the involvement of third parties. For accounts set up on or after 1 November 2026, the Assistant, dictation and read-aloud are delivered switched on; Verifactu remains off. Accounts set up before that date keep the state in which they were delivered.

Switching them on and off remains the customer's decision in every case. The switches are under Settings → Assistant; a switch that is off means the transmission does not take place. A switch that is on transmits nothing by itself either: processing has to be triggered — a question put to the Assistant, a press of the dictation key, a mailbox that has been connected.

  • Assistant, personal agent and client portal enquiry: while they are switched on, the contents of the messages and documents the customer has analysed are transmitted to Anthropic PBC. Details appear in the list of subprocessors.
  • Dictation and read-aloud: the recorded speech, or the text to be read out, goes to ElevenLabs Inc. — either with a key of the customer's own or with the provider's.
  • Verifactu: transmission of invoicing records to the Spanish tax administration under RD 1007/2023.

11. Liability

  1. The provider is liable without limitation for intent and gross negligence, and for damage arising from injury to life, body or health.
  2. In cases of slight negligence, the provider is liable only for breach of material contractual obligations — those whose fulfilment makes performance of the contract possible and on whose observance the customer may rely — and limited in amount to the foreseeable damage typical of the contract.
  3. Liability for slight negligence is limited, per calendar year, to the amount paid by the customer in the twelve months preceding the event giving rise to the damage.
  4. The provider is not liable for loss of data to the extent that the damage would have been avoided by regular backups on the customer's part. The provider takes daily backups with 30 days' retention; this does not relieve the customer of exporting their own data.

12. Changes to these terms

The provider may change these terms on 60 days' notice by email. If the customer does not object before the effective date, the terms are deemed accepted; the announcement will state this consequence expressly. If they object, either party may terminate with effect from that date.

13. Final provisions

  1. Spanish law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. For disputes with businesses, the place of jurisdiction is Palma de Mallorca, to the extent this can validly be agreed.
  3. The Spanish version of these terms prevails. The German and English versions are provided for information.
  4. The invalidity of individual provisions does not affect the validity of the remainder.

The Spanish version prevails · Checksum 7276824bbbdc6a81…