Terms of Use

Version 1.0 — DRAFT pending review by a lawyer/legal translator. [BRACKETED] fields to be completed.

2. User definitions

Business / Venue: company or self-employed person with an establishment; is the official seller of its products/services (issues receipt/invoice to its customers and declares its taxes). Pays subscription and/or commissions.
Professional / Self-employed (Professional service): person offering a service (including home-visit trades); official seller of their service.
Ambassador: person who participates freely and independently in the recommendation program, recommends businesses and receives rewards for verified recommendations. Not an employee, salesperson, agent or representative of My Recomy.
Customer: person who books and consumes through an ambassador, and who may pay for their purchase through the platform (when available), paying the business via Stripe. The customer receives their receipt/invoice from the business (official seller).
Team: business staff with limited PIN-based access.
Owner / Administration: MY RECOMY SL, Tax ID (CIF) B93904688, registered address Av. Fuente Nueva 8, Madrid, Spain, hola@myrecomy.com; the platform operator.

Each user accepts these terms upon registration, storing date, time, version, role and country.

3. Registration, age and truthfulness

Must be of legal age (18, or the age of majority in their country if higher). Truthful data. Email and phone verification. The user is responsible for their account, password and PIN.

4. Responsibility of each user (general indemnity)

Each user acts under their sole responsibility:

Businesses and professionals are solely responsible for their services (quality, safety, legality, licenses, insurance, warranties) and for their tax obligations.
Ambassadors are responsible for recommending honestly and lawfully, and for their own tax obligations.
My Recomy is not liable for damages, breaches, disputes or losses between the parties.

5. Professionals who make home visits (reinforced clause)

The professional acts on their own account and risk; declares that they hold the training, licenses, permits and insurance; My Recomy only puts parties in contact and does not supervise or guarantee; is not liable for damages, theft or accidents during the service. Claims go directly to the professional.

6. Appropriate behavior

Correct and respectful use. Prohibited: fraud, offensive or threatening treatment, harassment, impersonation, fake or duplicate accounts, unlawful or offensive content, and any unlawful use. Non-compliance enables suspension/ban (section 15).

7. Anti-fraud rule and fake reviews

Manipulation of the system is prohibited: bots/scripts; duplicate or fake accounts; fake/paid/coerced reviews; fake receipts/invoices or of non-existent purchases; falsifying consumption. My Recomy may audit, provisionally freeze balances/rewards and terminate accounts with loss of balances, without prejudice to legal action. Rewards go through an anti-fraud period before becoming available.

8. Transparency of incentivized recommendations

Any financially incentivized recommendation must be transparent. The platform displays labels ("Incentivized content"/"Sponsored"/"Featured"). An ambassador who recommends publicly (social media, etc.) must disclose that they may obtain a reward, in accordance with advertising regulations (Omnibus Directive in the EU, FTC in the US). Such labels may not be concealed or removed.

9. Referral and invitation system

Rewards for inviting real users (e.g. chat unlocks). My Recomy may modify, limit or withdraw rewards, set caps and void those obtained through fraud. Referral rewards are not redeemable for cash unless expressly stated.

10. Promotion and advertising ("Featured")

Businesses, professionals and ambassadors may purchase promotion (spend between €10 and €2,000 and days), paid via Stripe, within current limits and prices. The reach estimate is indicative, not guaranteed. Only available in Phase 1 countries. Content marked as "Featured/Sponsored".

11. User content and license

Worldwide, non-exclusive, royalty-free license, for the period permitted by law, to use content posted in the app and its promotion, respecting the right to erasure (GDPR). The user warrants they hold rights over what they post.

12. Subscriptions, plans and payments

Free (showcase) or paid plans (monthly/annual) via Stripe, VAT included. Automatic renewal until cancellation; non-payment suspends paid features and downgrades to the free plan.
Annual payment may offer a price advantage; not prorated on cancellation.
Paid subscriptions are only available in Phase 1 countries.

13. Payments, commissions and centralized model (UPDATED v2)

The business is the official seller of its product/service: it issues the receipt/invoice to the customer and declares its VAT.
Customer payment (when applicable): processed by Stripe on behalf of the business (on_behalf_of). The business receives its sale; My Recomy receives its platform commission (10%) (application fee). My Recomy does not hold those funds.
Ambassador reward: recorded as pending and paid later (after the anti-fraud period and with a complete tax profile), via Stripe Connect. Not paid at the same instant as the purchase.
Tax withholdings: depending on the country and the ambassador's status, My Recomy applies the applicable withholdings and remits the withheld amount to the tax authority.
My Recomy is neither a bank nor a payment institution; payments are processed by Stripe, subject to its terms. My Recomy does not store card data.
Validation: a receipt does not generate payment on its own; it requires confirmation from the business.

13 bis. The customer who pays through the app (consumer protection)

When the customer pays for their purchase through the platform, they buy from the business (official seller), not from My Recomy. The customer receives their receipt/invoice from the business.
The payment is processed securely via Stripe; My Recomy does not store card data.
Refunds, cancellations and complaints about the purchase are governed by the business's policy and applicable consumer regulations, and are directed to the business as seller. My Recomy may facilitate handling, but is not the seller or responsible for the product/service.
If the actual purchase differs from what was booked/paid, it is handled according to the current policy and, where applicable, through the discrepancy system (section 14).
The customer has the rights that their country's consumer regulations grant them against the selling business.

14. Discrepancies and arbitration

Each party submits its version and evidence. The Administration reviews and may provisionally withhold the disputed payment. The decision is without prejudice to ordinary legal recourse.

15. Suspension, ban and consequences

Warning, suspension or closure for non-compliance (fraud, non-payment, misconduct), with possible loss of balances/rewards obtained irregularly. Complaint channel available.

16. Notifications

In-app, email and push notices (service and commercial, with consent). Preferences manageable except for essential communications.

17. Limitation of technical liability

App provided "as is" and "as available". Continuity or absence of errors is not guaranteed. No liability for loss of profit or indirect losses, without excluding what cannot legally be excluded towards EU consumers.

18. Intellectual property

The "My Recomy" brand, logo, design, software and own content are protected. Copying or using them without authorization is prohibited.

19. Modification of terms

My Recomy may update them; relevant changes are notified in the app with new acceptance. Continued use = acceptance, respecting the right to cancel.

20. Applicable law and jurisdiction

Spanish law; for consumers, the mandatory regulations of their EU country. Outside the EU, the user's local regulations. Venue: Courts and Tribunals of Madrid (Spain).