Regulatory Compliance

1. Data Controller Identification

The data controller responsible for processing personal data through this digital infrastructure is ForgeKernelLabs, registered at 22400, Plaza Europa 3, Monzon, Spain. All data processing activities are conducted in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable Spanish data protection legislation (Ley Orgánica 3/2018).

2. Categories of Personal Data Processed

We collect and process the following categories of personal data for the stated purposes:

• Contact Information: Name, email address, telephone number — collected when you submit inquiries through our contact form or establish business communications. Processing is based on Article 6(1)(b) GDPR (contractual necessity) and Article 6(1)(f) (legitimate interest in responding to business inquiries).
• Technical Data: IP addresses, browser type and version, operating system, device identifiers, and access timestamps. This data is processed for security monitoring, system optimization, and service delivery in accordance with Article 6(1)(f) GDPR.
• Project Data: Technical specifications, business requirements, and project documentation shared during service engagement. This data is processed under Article 6(1)(b) GDPR for contract execution and under Article 6(1)(c) for regulatory compliance obligations.
• Payment Data: Transaction references and billing information processed through our integrated payment systems. We do not store payment card data directly; all payment processing is handled by PCI DSS-compliant third-party processors.

3. Legal Basis for Processing

All data processing activities are grounded in the following legal bases under Article 6(1) GDPR:

• Consent (Article 6(1)(a)): Where you have provided explicit consent for specific processing activities, such as marketing communications or analytics cookies. You may withdraw consent at any time without affecting the lawfulness of processing prior to withdrawal.
• Contractual Necessity (Article 6(1)(b)): Processing required for the performance of our service agreements, including project execution, deliverable management, and client communications.
• Legitimate Interest (Article 6(1)(f)): Processing necessary for our legitimate business interests, including service improvement, security monitoring, and fraud prevention. Such processing is always subject to balancing tests against your fundamental rights.
• Legal Obligation (Article 6(1)(c)): Processing required to comply with applicable laws, including tax regulations, accounting requirements, and regulatory reporting obligations.

4. Data Retention Periods

Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected. Contact form submissions are retained for 24 months from the last interaction. Project-related data is retained for the duration of the service engagement plus 6 years in compliance with Spanish commercial record-keeping requirements. Technical logs are retained for 12 months. You may request earlier deletion subject to our legal retention obligations.

5. International Data Transfers

Some data processing activities may involve transfers to countries outside the European Economic Area (EEA). Where such transfers occur, we ensure appropriate safeguards are in place through Standard Contractual Clauses (SCCs) approved by the European Commission, Binding Corporate Rules, or adequacy decisions. You may request copies of these safeguards by contacting our Data Protection Officer.

6. Your Rights Under GDPR

As a data subject, you exercise the following rights:

• Right of Access (Article 15): Obtain confirmation of processing and access to your personal data.
• Right to Rectification (Article 16): Request correction of inaccurate or incomplete personal data.
• Right to Erasure (Article 17): Request deletion of your personal data where processing is no longer necessary or consent is withdrawn.
• Right to Restriction (Article 18): Request restriction of processing in specific circumstances.
• Right to Data Portability (Article 20): Receive your personal data in a structured, machine-readable format.
• Right to Object (Article 21): Object to processing based on legitimate interests, including direct marketing.
• Right to Lodge a Complaint: File a complaint with the Spanish Data Protection Agency (AEPD) at www.aepd.es.

1. Cookie Technology Overview

This digital infrastructure employs cookies and similar tracking technologies to ensure operational integrity, enhance user experience, and analyze system performance. Cookies are small text files stored on your device that enable our systems to recognize your browser and capture certain information.

2. Categories of Cookies Deployed

3. Cookie Management and Consent

Upon your first visit, a cookie consent banner will appear allowing you to accept or decline non-essential cookies. You may modify your cookie preferences at any time by accessing the cookie settings panel. Essential cookies are deployed automatically to ensure system functionality and do not require consent under the ePrivacy Directive (2002/58/EC).

4. Third-Party Cookie Providers

We utilize Google Analytics for system performance analysis. Google processes data in accordance with their Privacy Policy and operates under EU-US Privacy Shield certification. We have configured Google Analytics with IP anonymization enabled and data sharing settings restricted to the minimum necessary for service optimization.

5. Browser-Level Cookie Controls

Most browsers allow you to control cookie settings through their configuration menus. You can typically set your browser to refuse all cookies, accept all cookies, or notify you when a cookie is set. Please note that disabling essential cookies may impair website functionality. Refer to your browser's help documentation for specific instructions on cookie management.

1. Refund Eligibility Framework

ForgeKernelLabs operates a milestone-based project execution model. Refund eligibility is determined by the project phase at the time of cancellation request and the extent of deliverables completed. All refund requests must be submitted in writing to [email protected] within 30 days of the relevant milestone completion.

2. Pre-Engagement Cancellation

If you cancel a project before any work has commenced (prior to Phase 1 initiation), you are entitled to a full refund of any advance payments made, minus administrative processing fees of 5% of the payment amount. Refunds will be processed within 14 business days using the original payment method.

3. Mid-Project Cancellation

Cancellation during active project phases is subject to the following terms:

• Phase 1 (Discovery): 50% refund of Phase 1 fees if cancelled before deliverable submission. No refund after deliverable handover.
• Phase 2 (Engineering): Refund calculated based on percentage of Phase 2 deliverables completed. Work completed is billed at the agreed rate; remaining balance is refundable.
• Phase 3 (Deployment): No refund available for completed deployment work. If deployment has not commenced, a prorated refund of Phase 3 fees may be considered.

4. Non-Refundable Elements

The following are non-refundable under all circumstances: third-party license fees already procured, domain registration fees, hosting prepayments already allocated, and any work completed and approved during project milestones. Intellectual property delivered in completed milestones remains with ForgeKernelLabs until full project payment is received.

5. Dispute Resolution

Refund disputes will first be addressed through our internal resolution process. If a resolution cannot be reached within 30 days, either party may invoke the dispute resolution procedures outlined in the Terms of Service. All refund communications should be directed to [email protected] with the subject line "Refund Request - [Project Reference]".

1. Service Agreement Formation

A binding service agreement is formed upon mutual execution of a project proposal or statement of work issued by ForgeKernelLabs. These Terms of Engagement form an integral part of every service agreement and govern all aspects of the business relationship. By engaging our services, you acknowledge and accept these terms in their entirety.

2. Scope of Service Delivery

ForgeKernelLabs delivers digital engineering services as specified in the executed project proposal. All deliverables, timelines, and acceptance criteria are defined within the project documentation. Any modifications to the agreed scope require written amendment signed by both parties. Scope changes may result in adjusted timelines and pricing as documented in the change order process.

3. Payment Terms and Milestones

Payment obligations are structured according to the milestone schedule defined in the project proposal:

• Initial Deposit: 30% of total project value due upon agreement execution before Phase 1 commencement.
• Milestone Payments: Remaining balance distributed across project milestones as specified in the proposal. Each milestone payment is due within 14 days of deliverable approval.
• Late Payment: Invoices not paid within 30 days incur a late payment fee of 1.5% per month on the outstanding balance. ForgeKernelLabs reserves the right to suspend services after 30 days of non-payment.

4. Intellectual Property Rights

Upon full payment of all project fees, ForgeKernelLabs assigns to the client all intellectual property rights in the deliverables specifically created for the client project. ForgeKernelLabs retains ownership of pre-existing intellectual property, general methodologies, frameworks, and tools used in service delivery. The client receives an irrevocable, perpetual license to use any ForgeKernelLabs pre-existing IP incorporated into deliverables.

5. Confidentiality and Non-Disclosure

Both parties agree to maintain strict confidentiality of all proprietary information exchanged during the engagement. This obligation survives termination of the agreement for a period of 5 years. Confidential information includes business strategies, technical specifications, source code, and any materials marked as confidential. Exceptions apply for information that becomes publicly available through no fault of the receiving party.

6. Limitation of Liability

ForgeKernelLabs's total aggregate liability under any service agreement shall not exceed the total fees paid by the client for the specific project giving rise to the claim. ForgeKernelLabs shall not be liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. These limitations do not apply to liability arising from gross negligence or willful misconduct.

7. Governing Law and Jurisdiction

These Terms of Engagement and all service agreements are governed by the laws of Spain, without regard to conflict of law principles. Any disputes arising from or relating to these terms shall first be submitted to mediation administered by the Madrid Arbitration Court. If mediation fails within 60 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Huesca, Spain. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

8. Force Majeure

Neither party shall be liable for delays or failure to perform caused by events beyond reasonable control, including natural disasters, pandemics, government actions, cyberattacks, or infrastructure failures. The affected party must provide written notice within 48 hours of becoming aware of a force majeure event and use commercially reasonable efforts to mitigate its effects.

9. Term and Termination

Service agreements remain in effect until all obligations are fulfilled or terminated in accordance with these terms. Either party may terminate with 30 days written notice. ForgeKernelLabs may terminate immediately upon written notice if the client breaches material terms, fails to make payments when due, or becomes insolvent. Upon termination, the client pays for all work completed to date, and ForgeKernelLabs delivers all completed work product.

10. Amendments and Severability

ForgeKernelLabs reserves the right to amend these Terms of Engagement with 30 days written notice. Continued use of services after the amendment effective date constitutes acceptance. If any provision of these terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid while preserving its original intent.