General Terms and Conditions
Informative translation. In case of discrepancy, the Spanish version prevails.
These General Terms and Conditions (hereinafter, the «Terms») govern the sign-up, provision and termination of the DEKKO service between ENES Estrategia Conjunta, S.L. (single-member company) (hereinafter, «DEKKO») and the diving club or school that contracts it (hereinafter, the «Client»). Signing the specific service agreement between the parties implies full acceptance of these Terms, which are delivered to the Client as an annex to that agreement.
1 · Identification of the parties
Service provider:
- ENES Estrategia Conjunta, S.L. (single-member company) · Tax ID (NIF) B22468284
- Registered office: Partida Valls, s/n, 43350 Les Borges del Camp (Tarragona), Spain
- Commercial Registry of Tarragona (Registro Mercantil de Tarragona), sheet T-64295, 1st entry
- Email: hola@dekko.club
Client: the dive centre or school identified in the specific agreement, which operates professionally in the recreational or technical diving business in Spanish territory or territory treated as equivalent.
2 · Subject matter
DEKKO is the integrated digital system of a dive centre or school, provided as software as a service (SaaS) and always under the Client's brand. It comprises the following eight services:
- Website: new or a redesign of the Client's current website. During the trial it is published at a DEKKO address (section 3.3) and moves to the Client's domain after the first payment. If the Client already has a website, the migration keeps its Google ranking by redirecting the old URLs.
- Branded app (with the Client's brand) on each diver's phone: profile, documents and bookings.
- 24/7 booking: dives, try-dives and courses with online payment, with no DEKKO commission.
- 24/7 assistant: replies on WhatsApp at any hour, with the Client's prices and times, and takes the diver to the booking.
- Dashboard with the management of the Client's divers: each diver's record (certification, insurance and medical statement), their validated documents, expiry notices and what to sell next.
- AI Sales: every week, a ready-made sales action valued in euros (to whom, what and its estimated value). The Client decides whether to send it; DEKKO does not send any communication to divers on its own initiative.
- Google ranking: initial analysis of the Client's position and improvement proposals from day one.
- Status reports: every month, what has happened and what to improve, with actions valued in euros.
All services are provided under the Client's brand. The domain, the payments and the data belong to the Client both during the term of the agreement and upon its termination (sections 6 and 12).
3 · Plan and prices
The service is contracted under a single plan, DEKKO Premium. There is no set-up fee: the pricing is a flat monthly fee covering the eight services in section 2, with no commission on bookings and no per-user or per-volume charges.
| Item | Amount | When it applies |
|---|---|---|
| Set-up | 0 € | No set-up fee. The system is up and running in less than 48 hours from when the Client provides the information and access details (section 3.1) |
| Payment method | No charge | When signing, the Client provides a SEPA direct debit mandate or a card. No charge is made (section 4) |
| Trial | 30 days free | From when the platform is operational. Once per centre (section 3.2) |
| DEKKO monthly fee | €199/month + VAT | From the day after the trial ends, in advance. No commission on bookings and no per-user or per-volume charges |
| Fee review | At most once a year | With 60 days' written notice; if the Client does not accept it, they may cancel at no cost before it applies (section 3.2) |
| Minimum term | No minimum term | Cancellation with 30 days' written notice. During the trial, with notice at least 7 days before it ends, nothing is charged (sections 3.2, 5 and 11.3) |
3.1 · Set-up
Set-up is free of charge and leaves the system up and running in less than 48 hours from when the Client provides the necessary information and access details. It includes:
- New website or redesign of the Client's existing one.
- Migration of the current website without losing Google ranking (redirects from the old URLs).
- Branded app (with the Client's brand).
- Preliminary analysis of the Client's Google ranking.
- Ranking report and initial improvement proposal.
- Upload of the Client's divers, with certifications and insurance.
- Dives, try-dives, courses and prices ready to book.
- Stripe account setup and integration: payments go straight to the Client's account.
- 24/7 assistant on the Client's WhatsApp, with its prices and times.
- Training of the Client's team and the entire go-live process.
3.2 · Free trial and monthly fee
Free trial: the Client has a 30-day free trial, with the full service, from when the platform is operational. The trial applies only once per centre: if the Client signs up again after cancelling, they pay from the first day.
Cancellation during the trial: if the Client gives written notice (email is valid) at least 7 days before the end of the trial, the agreement is terminated when the trial ends, the services are disconnected and nothing is charged. Without notice, the agreement continues with the monthly fee.
Monthly fee: €199/month + VAT from the day after the trial ends and every month thereafter, in advance. The fee is flat and covers all the services in section 2, with no commission on bookings and no charges per user, booking volume or number of divers.
Fee review: DEKKO may review the fee at most once a year, giving 60 days' written notice. If the Client does not accept the new fee, they may cancel at no cost before it applies. A review does not affect fees already accrued.
DEKKO charges no commission on bookings processed by the Client, whether to the Client or to its end customer. The Client collects payment in its own Stripe account and retains the revenue generated in full, except for the payment processor's (Stripe's) fees under its rates in force, which are borne by the Client and fall outside the scope of the agreement with DEKKO. Booking money never passes through DEKKO at any point.
Booking deposit: by default, the diver pays a deposit of 20% of the activity price when booking. The Client may change this from its dashboard to full payment or payment at the centre.
3.3 · DEKKO address and the Client's domain
During the trial, the Client's website and app run at a DEKKO address such as tu-centro.dekko.club. The Client's domain is not touched until the first payment: their current website keeps working as before. After the first payment, DEKKO moves the website to their domain without touching their email; if the Client has no domain, one is registered in their name.
4 · Payment and invoicing
The fee is charged in advance by SEPA direct debit or the card the Client provides when signing. Providing the payment method does not generate any charge: the first charge is the first fee, on the day after the trial ends. No invoice is issued during the trial, as there is no amount to invoice.
DEKKO issues an electronic invoice for each fee charged, with the applicable tax. The prices in these Terms exclude taxes: clients in mainland Spain and the Balearic Islands are charged VAT; clients established in the Canary Islands are invoiced without VAT and IGIC applies under the reverse charge mechanism.
Non-payment of any invoice entitles DEKKO to suspend the service in accordance with section 11 of these Terms.
5 · Minimum term
No minimum term and no penalty. The agreement sets no minimum term. The Client may cancel at any time with 30 days' written notice (section 11.3); during the notice period the service remains active and is paid for, with the last period prorated. During the trial, section 3.2 applies. The Client keeps their domain, their data and their Stripe account in accordance with sections 6 and 12.
6 · Intellectual and industrial property
DEKKO holds all intellectual and industrial property rights in the source code of the Client's website, the provisioning scripts, the WhatsApp assistant configurations, the automation scenarios, the prompts of the artificial intelligence system and, in general, every piece of software or configuration generated for the provision of the service (hereinafter, the “DEKKO Software”). The Client receives a non-exclusive, non-transferable right of use, limited to the term of the agreement and to the purposes of the service.
The following elements are excluded from DEKKO's ownership and belong to the Client or have been the Client's property from the outset:
- The Client's domain name, registered in its name with the registrar it designates.
- The Google Business Profile account and the Google Analytics 4 and Search Console properties, with delegated access for DEKKO.
- The Client's Stripe account, together with all of its financial transactions.
- The Client's brand, logos, photographs, videos and texts that it contributes to the system during the onboarding wizard.
- The Client's database of divers, end customers, booking history and reviews, including the documents each diver has provided.
When the agreement ends, DEKKO disconnects the website, leaves the Client's domain free so they can reconnect their previous website and delivers, within 15 days at most, a CSV export of their data (divers, customers and bookings). The Client takes their domain and their data with them.
7 · Personal data
The processing of personal data by DEKKO in the provision of the service is governed by the Privacy Policy and by the Data Processing Agreement signed as an annex to the agreement, in accordance with Article 28 GDPR. The Client acts as Data Controller of the data of its members, end customers and employees; DEKKO acts as Data Processor of such data.
8 · Service availability · SLA
DEKKO commits to a monthly service availability of 99.5%, measured on the accessibility of the Client's public website and the booking module, excluding:
- Scheduled maintenance notified at least 48 hours in advance.
- Incidents caused by third-party providers (Cloudflare, Supabase, Stripe, Brevo, the WhatsApp messaging provider, etc.) outside DEKKO's direct control.
- Force majeure events.
The incident resolution procedure is categorised by severity (critical, high, medium, low) with differentiated response and resolution times, described in Annex C of the specific agreement.
9 · No territorial exclusivity
The DEKKO service does not include territorial exclusivity or exclusivity by dive area. DEKKO may provide the service to other dive centres or schools in the same area, including operators sharing dive sites with the Client. In all cases, each Client's data, configurations and results are strictly confidential and are not shared with third parties.
10 · Changes to the service
DEKKO reserves the right to evolve the service's set of features without this constituting a substantial change. Substantial changes (removal of a module, significant alteration of the pricing model) will be notified to the Client at least 60 days in advance and will entitle the Client to cancel without penalty.
11 · Suspension and termination
11.1 · Suspension for non-payment
Non-payment of an invoice entitles DEKKO to suspend the service after giving the Client at least 15 days' prior written notice. Suspension consists of deactivating the Client's website and the associated modules, while keeping the Client's data intact for a further 30 days to allow it to be exported.
11.2 · Termination for breach
Either party may terminate the agreement for serious breach by the other, by written notice and following a prior demand allowing a remedy period of 15 calendar days.
11.3 · Client's voluntary cancellation
The Client may cancel at any time, without penalty, by written notice to DEKKO (email is valid). Outside the trial, or if during the trial notice is given less than 7 days before it ends, the cancellation takes effect 30 days after the notice: during that notice period the service remains active and is paid for, with the last period prorated. During the trial, with notice at least 7 days before it ends, the agreement is terminated when the trial ends with no charge (section 3.2). The Client may withdraw the cancellation notice before its effective date; in that case the service continues without interruption or additional cost.
11.4 · Reactivation after cancellation
The service does not allow pauses or temporary suspensions at the Client's request. If, once the cancellation is effective, the Client signs up for the service again, it is treated as a new sign-up under the conditions in force at that time. The free trial applies only once per centre: a returning Client pays from the first day.
12 · Disconnection and data hand-over procedure
Both in the event of suspension for non-payment and in the event of contractual cancellation, DEKKO shall:
- Disconnect the Client's public website, app and dashboard. The Client's domain is left free to reconnect their previous website; if the cancellation happens during the trial, the domain was never touched (section 3.3).
- Deliver to the Client, within 15 days at most, the CSV export of their data (divers, customers and bookings).
- Provide the Client, if their website was on their domain, with instructions to reconnect their previous website.
- Permanently delete the Client's data from DEKKO systems 30 days after the cancellation, except data that must be kept by law (invoicing).
13 · Limitation of liability
DEKKO's financial liability towards the Client is limited, except in cases of wilful misconduct or gross negligence, to the amount of the fees actually paid by the Client in the 12 months immediately preceding the event giving rise to the claim.
DEKKO shall not be liable for indirect damages, loss of profit or loss of business opportunity.
14 · Confidentiality
The parties undertake to maintain the strictest confidentiality over all sensitive information received during the term of the agreement, for a period of 5 years from its termination. This obligation includes commercial, technical, operational and financial data.
15 · Notices
Any notice between the parties shall be deemed validly served by email sent to the contact addresses designated in the specific agreement, with read receipt where applicable.
16 · Amendments to the Terms
DEKKO may amend these General Terms to adapt them to legislative changes or to developments in the service. Amendments that substantially affect the Client's rights will require prior notice 60 days in advance, giving the Client the option to terminate the agreement without penalty in that case.
17 · Governing law and jurisdiction
This agreement is governed by Spanish law. For the resolution of any dispute, the parties expressly submit to the Courts and Tribunals of Tarragona, waiving any other jurisdiction to which they may be entitled, unless mandatory law provides otherwise.
These terms summarise the DEKKO service agreement. In the event of any discrepancy, the signed agreement prevails.