Regulatory
Alignment

1. Data Controller Identity

The data controller responsible for the processing of personal data through this website is ArborPulseWorks, established at 17003, Crer. Sant Ponc 1 P01 2, Girona, Spain. You may contact the data controller at [email protected] or by telephone at +34 661 59 84 20.

2. Data We Collect

We collect and process the following categories of personal data through this website:

• Contact Information: Name, email address, and telephone number submitted through our contact form or during project engagement.
• Communication Data: Content of messages, inquiries, and project specifications submitted through contact channels.
• Technical Data: IP address, browser type and version, operating system, referring URLs, and page interaction data collected automatically through server logs.
• Session Data: Cookie consent preferences stored locally in your browser (localStorage) to remember your cookie configuration choices.

3. Legal Basis for Processing

We process your personal data under the following legal bases as defined in Article 6 of the EU General Data Protection Regulation (GDPR):

• Consent (Art. 6(1)(a)): When you submit a contact form, you provide explicit consent for us to process your data for the purpose of responding to your inquiry.
• Contractual Necessity (Art. 6(1)(b)): When you engage our services, processing is necessary for the performance of a contract or pre-contractual measures at your request.
• Legitimate Interest (Art. 6(1)(f)): Server log data is processed for the legitimate interest of maintaining website security, preventing abuse, and ensuring system integrity.

4. Data Retention

Personal data submitted through the contact form is retained for a maximum period of 12 months from the date of submission, unless an ongoing contractual relationship requires extended retention. Server log data is automatically purged after 30 days. Cookie consent preferences are stored in your browser's localStorage and persist until you manually clear them or reset your consent.

5. Data Sharing & Third Parties

We do not sell, rent, or trade your personal data. Data may be shared with the following categories of recipients solely for the purposes outlined above:

• Infrastructure Providers: Our website hosting infrastructure processes server log data as a technical necessity. All infrastructure providers operate within the European Economic Area (EEA) or under Standard Contractual Clauses (SCCs).
• Payment Processors: Payment data transmitted through our Stripe payment integration is processed directly by Stripe, Inc. in accordance with their own privacy policy. We do not store, process, or have access to your payment card data.
• Legal Authorities: We may disclose personal data if required by applicable law, regulation, or valid legal process.

6. International Data Transfers

All personal data is primarily processed within the European Economic Area (EEA). Where data is transferred outside the EEA, we ensure appropriate safeguards are in place, including EU Standard Contractual Clauses (SCCs) and adequacy decisions as recognized by the European Commission under Article 46 of the GDPR.

7. Your Data Subject Rights

Under the GDPR, you have the following rights regarding your personal data:

• Right of Access (Art. 15): You may request a copy of all personal data we hold about you.
• Right to Rectification (Art. 16): You may request correction of inaccurate or incomplete data.
• Right to Erasure (Art. 17): You may request deletion of your personal data where there is no compelling legal reason for continued processing.
• Right to Restriction (Art. 18): You may request restriction of processing in certain circumstances.
• Right to Data Portability (Art. 20): You may request your data in a structured, commonly used, machine-readable format.
• Right to Object (Art. 21): You may object to processing based on legitimate interests at any time.

To exercise any of these rights, contact us at [email protected]. We will respond to all requests within 30 days.

8. Right to Lodge a Complaint

If you believe that our processing of your personal data violates applicable data protection law, you have the right to lodge a complaint with the supervisory authority. The competent authority for ArborPulseWorks is the Agencia Española de Protección de Datos (AEPD): www.aepd.es.

1. What Are Cookies

Cookies are small text files stored on your device by your web browser when you visit a website. They are used to remember your preferences, session state, and consent choices. Cookies can be "session cookies" (deleted when you close your browser) or "persistent cookies" (retained until their expiry date or until you delete them).

2. How We Use Cookies

ArborPulseWorks employs a minimal, privacy-respecting cookie architecture. We do not use analytics cookies, advertising cookies, or any third-party tracking cookies.

• Essential Session Cookies: Our server-side session management system uses a session cookie to maintain your authenticated state and CSRF protection during active sessions. This cookie is strictly necessary for the website to function and is classified as "essential" under the ePrivacy Directive (2002/58/EC).
• Cookie Consent Storage: Your cookie consent preference (accepted or declined) is stored in your browser's localStorage — not in a cookie — under the key apw_cookie_consent. This ensures your consent choice is remembered across sessions without deploying any tracking mechanism.

3. Managing Cookie Consent

When you first visit our website, a cookie consent banner is presented at the bottom of the page. You may choose to:

• Accept All: Allows essential session cookies to function normally.
• Decline: Rejects all cookies. Essential session functionality may be limited. Your consent choice is stored in localStorage to prevent re-displaying the banner.

You may modify your cookie preferences at any time by clearing your browser's localStorage for this domain, which will cause the consent banner to reappear on your next visit.

4. Third-Party Cookies

This website does not deploy any third-party cookies. The embedded Google Maps iframe on our contact page may set cookies under Google's own domain when you interact with the map. These cookies are governed by Google's own privacy policy and are not controlled by ArborPulseWorks. We do not have access to or visibility into these third-party cookies.

5. Legal Basis

Essential session cookies are deployed under the legitimate interest basis (Art. 6(1)(f) GDPR) and the ePrivacy Directive exemption for cookies strictly necessary for the provision of a service explicitly requested by the user. No consent is required for essential cookies. Your consent choice for non-essential tracking (currently: none deployed) is obtained through the interactive cookie banner in compliance with Article 7 of the GDPR.

1. Project Engagement Refunds

All service engagements with ArborPulseWorks are governed by a project-specific Statement of Work (SOW) agreed upon prior to commencement. Refund eligibility is determined based on the following milestone-based framework:

• Pre-Engagement Cancellation: If a project is cancelled before any work has commenced (i.e., before the Phase 1 Discovery kickoff), a full refund of any advance payment will be issued within 14 business days.
• Phase 1 (Discovery) Cancellation: If a project is cancelled during or after Phase 1 (Deep Discovery & Structural Mapping), the Phase 1 fee is non-refundable, as this phase delivers a completed diagnostic product. Any advance payment exceeding the Phase 1 fee will be refunded within 14 business days.
• Phase 2 (Engineering) Cancellation: If a project is cancelled during Phase 2 (Core Engineering & Algorithmic Integration), fees are prorated based on the documented engineering hours completed against the total Phase 2 estimate. Any overpayment relative to completed work will be refunded within 21 business days.
• Phase 3 (Delivery) Cancellation: Cancellation during the final deployment and auditing phase is subject to the specific terms outlined in the project SOW. Deliverables completed up to the point of cancellation remain the property of the client.

2. Service Quality Guarantee

ArborPulseWorks commits to delivering all work products in accordance with the specifications defined in the project SOW. If any delivered work product materially deviates from the agreed specifications, the client may request a remediation at no additional cost. If remediation is not feasible, a partial refund proportional to the non-conforming work scope will be negotiated in good faith.

3. Payment Disputes

All payment disputes must be raised in writing to [email protected] within 30 days of the disputed transaction. We commit to acknowledging all disputes within 48 hours and providing a substantive resolution within 14 business days. If a resolution cannot be reached through direct negotiation, either party may seek mediation under the rules of the Spanish Arbitration Board (Tribunal de Arbitraje de la Cámara de Comercio de Madrid).

4. Statutory Withdrawal Rights

If you are a consumer within the meaning of EU Directive 2011/83/EU and you have entered into a distance contract with ArborPulseWorks, you have the right to withdraw from the contract within 14 days of its conclusion without providing any reason, in accordance with Article 9 of the Directive. However, please note that if you have expressly requested the commencement of services before the end of the withdrawal period and acknowledge that you lose the right of withdrawal once the contract has been fully performed, the right of withdrawal may be waived. This waiver will be explicitly communicated during the contract conclusion process.

1. Acceptance of Terms

By accessing this website and/or engaging the services of ArborPulseWorks (hereinafter "the Company"), you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you (or the entity you represent) and ArborPulseWorks, established at 17003, Crer. Sant Ponc 1 P01 2, Girona, Spain. If you do not agree to these terms, you must not access this website or engage our services.

2. Scope of Services

ArborPulseWorks provides digital engineering, web development, infrastructure architecture, and related consulting services. The specific scope, deliverables, timelines, and pricing for each engagement are defined in a project-specific Statement of Work (SOW) or service agreement executed between the parties. These Terms of Service apply to all interactions with the Company, including website usage, inquiries, and service engagements.

3. Payment Terms

All fees are quoted in Euros (€) exclusive of applicable VAT unless otherwise stated. Payment terms are defined in each individual SOW. Standard payment structure requires:

• 50% advance payment upon SOW execution, prior to commencement of Phase 1.
• 25% upon completion and client approval of Phase 2 (Core Engineering).
• 25% upon final delivery and acceptance of all Phase 3 deliverables.

Late payments accrue interest at a rate of 8% per annum above the European Central Bank base rate, calculated on a daily basis from the due date until the date of actual payment, in accordance with Directive 2011/7/EU on late payments in commercial transactions.

4. Intellectual Property

Upon receipt of full payment for all deliverables defined in the project SOW, all intellectual property rights in the delivered work products (including source code, design assets, documentation, and configurations) transfer to the client in full. ArborPulseWorks retains the right to reference the engagement (including general project descriptions and outcomes, excluding confidential information) in marketing materials and portfolio presentations, unless the client explicitly objects in writing.

5. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of an engagement. This obligation survives the termination of the engagement for a period of 24 months. Confidential information includes, but is not limited to, business strategies, technical specifications, source code, client lists, financial data, and any information marked as confidential or that a reasonable person would consider confidential given the nature of the information and circumstances of disclosure.

6. Limitation of Liability

To the maximum extent permitted by applicable law, ArborPulseWorks' total aggregate liability arising out of or in connection with any engagement shall not exceed the total fees actually paid by the client under the applicable SOW during the 12 months preceding the event giving rise to the liability. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.

7. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these terms or any SOW where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, or internet infrastructure failures. The affected party shall promptly notify the other party and take reasonable steps to mitigate the impact of the force majeure event.

8. Governing Law & Dispute Resolution

These Terms of Service and any engagement with ArborPulseWorks shall be governed by and construed in accordance with the laws of the Kingdom of Spain and, where applicable, the regulations of the European Union. Any dispute arising out of or in connection with these terms or any service engagement shall first be submitted to good-faith mediation. If mediation fails within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Girona, Spain.

9. Amendments

ArborPulseWorks reserves the right to amend these Terms of Service at any time. Updated terms will be posted on this page with a revised "Last updated" date. Your continued use of this website or engagement of our services following any such amendment constitutes your acceptance of the amended terms.