General Terms and Conditions

1. Provider identification

The provider of the services governed by these terms is [RELLENAR: razón social], with Tax ID (NIF/CIF) [RELLENAR], registered at [RELLENAR], and with contact email vaultdevelopment@proton.me. Full identification details are available in the Legal Notice.

2. Subject matter of the contract

This contract governs the provision, by LATENT, of remote diagnostic and optimization services for Windows computers, aimed at improving their gaming performance, under the conditions and with the scope described in the service specification of the contracted service.

3. Description of the service

The service is provided remotely through a session of access and, where applicable, control of the client's computer desktop by a LATENT technician, using Tailscale (to establish a private and encrypted network connection between the client's and the technician's computers), and Sunshine and Moonlight (for video streaming and remote desktop control).

During the session, the technician performs the diagnostic, configuration and optimization tasks corresponding to the contracted service. The client can observe at all times the actions performed on their computer.

4. Technical tools used

Depending on the contracted service, the technician may use, among others, the following diagnostic and optimization tools: LatencyMon (system latency analysis), CapFrameX (frame rate and gaming performance analysis), Process Lasso (process priority management), HWiNFO (hardware monitoring), as well as Tailscale, Sunshine and Moonlight for the remote access itself.

5. Client technical requirements

To receive the service, the client must have:

• A computer with Windows 10 or 11 in a supported version.
• A stable Internet connection for the entire duration of the session.
• A user account with administrator permissions on the computer, necessary to temporarily install remote access tools and to apply configuration changes.
• Availability to install, before the session, the software indicated by LATENT according to the instructions provided in the equipment preparation portal.

LATENT is not responsible for the inability to provide the service due to the client's failure to meet these requirements.

6. Contracting process

Contracting is done through the platform app.latent.services according to the following process: (i) the client selects the desired service; (ii) the client initiates the payment process (checkout), where acceptance of these conditions and the Privacy Policy is requested, as well as specific consent for remote access and, where applicable, the waiver of the right of withdrawal pursuant to section 14; (iii) payment is processed through Stripe Checkout; (iv) upon payment confirmation by Stripe, LATENT confirms the order to the client and, if the client contracted as a guest, their user account is created or reused; (v) LATENT coordinates with the client the date and time of the remote access session.

The contract is deemed concluded at the moment when the payment is confirmed by Stripe and LATENT issues the order confirmation.

7. Prices and taxes

Service prices are displayed on the Site in euros and are those in effect at the time of contracting. The applicable price for each order is the one shown in the service specification at the time of initiating the payment process, obtained directly from the service configuration on the platform.

[RELLENAR: indicar si los precios mostrados incluyen o excluyen el IVA/impuestos aplicables, y el tipo impositivo correspondiente — pendiente de alta fiscal].

LATENT reserves the right to modify the prices of its services, without such modification affecting orders already confirmed.

8. Payment methods

Payment is processed through Stripe Checkout, which accepts the following payment methods: credit or debit card (Visa, Mastercard, American Express), Google Pay, and Apple Pay. LATENT does not have access to the client's full card details, which are managed directly by Stripe in accordance with PCI-DSS security standards.

9. Client obligations

The client undertakes to:

• Be the owner of the computer or have sufficient authorization to permit remote access and modification of its configuration.
• Make a backup of their important files and data before the session, as indicated in section 10.
• Close, before starting the session, applications or windows containing personal, confidential or sensitive information that is not necessary for the service (email, password managers, online banking, etc.).
• Be present and available throughout the entire remote access session, unless expressly agreed otherwise.
• Keep the computer powered on and connected to the Internet for the entire duration of the session.
• Provide truthful information about the status, configuration and issues of their computer.

10. Information backup

The client is responsible for making a backup of their files, documents, photographs and other relevant information before the start of the remote access session. LATENT strongly recommends making such a backup as a preventive measure against any technical issue that may occur during the session.

This recommendation does not exempt LATENT from liability legally required for damages caused by the technician's negligence or willful misconduct in providing the service. LATENT's liability to the client is determined in accordance with section 13 of these conditions.

11. Remote access security

Prior to the session, the client is recommended to:

• Log out of password managers, banking, payment and email applications that are not necessary for the service.
• Save or close documents and windows of a personal or confidential nature.

The client may disconnect the remote access session at any time, without need for justification, using the controls provided by Tailscale, Sunshine or Moonlight, or simply by turning off the computer or disconnecting the Internet connection.

Upon completion of the session, the technician uninstalls or deactivates the temporarily installed remote access tools, and the client can verify that remote access has been disabled before continuing to use the computer normally.

12. Service limitations

LATENT does not guarantee a quantified or specific performance improvement, unless such improvement has been expressly agreed in writing with the client for the specific contracted service. Results may vary depending on the hardware, software and particular configuration of each computer.

The service does not cover, unless expressly agreed: failures caused by third-party software outside the scope of the service; pre-existing problems unrelated to the service's purpose; presence of malware or malicious software not detected or caused by LATENT; hardware defects; incompatibilities between computer components; nor changes made by the client or third parties to the computer's configuration after the session that may alter or reverse the applied optimization.

13. Liability limitations

LATENT is liable for the correct provision of the service as agreed and in accordance with applicable regulations, in particular the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU) when the client has the status of consumer.

Nothing in these conditions excludes or limits LATENT's liability in cases where such limitation is not permitted by law, in particular in cases of willful misconduct, gross negligence, or damages arising from the violation of rights that cannot be limited under consumer protection regulations.

Outside such cases, and to the extent permitted by law, LATENT's liability for damages arising from the service is limited to the amount actually paid by the client for the specific service that gave rise to the claim.

14. Right of withdrawal

In accordance with Article 71 of the TRLGDCU, the client who has the status of consumer has a period of 14 calendar days from the contract date to withdraw from the contract without need for justification, unless one of the exceptions provided in Article 103 of the TRLGDCU for the provision of services applies.

Given that the contracted service consists of the provision of a distance service that, in many cases, the client requests to receive shortly after contracting, during the checkout process the following two declarations are requested from the client separately:

• Express request for immediate commencement: the client expressly requests that the provision of the service begin before the 14-day withdrawal period expires, in accordance with Article 98.4 of the TRLGDCU.
• Declaration of awareness of loss of the right of withdrawal: the client declares awareness that, once the service has been fully performed, they will lose their right of withdrawal, in accordance with Article 103.a) of the TRLGDCU.

Depending on when the client exercises their right of withdrawal, the following scenarios are distinguished:

• Before the service begins: if the client withdraws before the remote access session or any technical action has started, they are entitled to a full refund of the amount paid.
• Service partially performed: if the client withdraws once the service has been started at their own request as per the above section, but before its complete fulfillment, they must pay the proportional part of the service already provided, calculated in proportion to the time or scope of work actually performed, with the remainder being refunded.
• Service fully performed: if the service has been fully provided, the right of withdrawal is extinguished in accordance with Article 103.a) of the TRLGDCU, without prejudice to the guarantees and claims for lack of conformity that may correspond to the client under section 15.
• Technical impossibility of provision: if LATENT cannot provide the service due to technical causes beyond its control (for example, inability to establish the remote connection), the client will be informed and a full refund of the amount paid will be processed, unless a new date for the service is agreed.
• Cancellation by LATENT: if LATENT cancels the service before its provision, the client is entitled to a full refund of the amount paid.

To exercise the right of withdrawal, the client may use the contact channel indicated in section 19, without the need to use a specific form, although they may use the model withdrawal form that, where applicable, is made available.

15. Refund policy

Refunds arising from the exercise of the right of withdrawal, service cancellation, or a claim for lack of conformity shall be processed through the same payment method used by the client, within 14 calendar days from LATENT's acceptance of the refund.

The client may request a refund by contacting vaultdevelopment@proton.me, providing the order number and the reason for the request. The deadline for submitting the request is 7 calendar days from the date of purchase.

When the service has been partially performed and the client validly exercises their right of withdrawal, the refund shall be calculated proportionally to the service not yet rendered. No refund shall be due when the service has been fully performed with the prior express consent of the client and the client has acknowledged the loss of their right of withdrawal in accordance with Article 103(a) of the TRLGDCU.

16. Intellectual property

The scripts, configurations and other technical materials developed by LATENT in the course of providing the service are the property of LATENT, unless expressly agreed otherwise. The client receives a license to use the configuration adjustments applied to their own computer, limited to the personal use of the optimized computer.

17. Confidentiality

LATENT undertakes to treat as confidential all information to which it may have incidental access during the provision of the service, in particular information visible during remote access sessions as described in the Privacy Policy, and not to use it for purposes other than the provision of the contracted service.

18. Data protection

The processing of the client's personal data in the context of contracting and providing the service is governed by the Privacy Policy, which forms an integral part of these conditions and which the client must expressly accept before completing the contract.

19. Communications and complaints

For any inquiry, issue or complaint related to the contracted service, the client may contact LATENT through the email [RELLENAR: email de soporte/reclamaciones]. LATENT has a complaints book available to the client in accordance with applicable consumer regulations. [RELLENAR: si LATENT está adherido a algún sistema de resolución alternativa de litigios (ADR) o a la plataforma europea de resolución de litigios en línea (ODR), indicarlo aquí].

20. Modifications to these conditions

LATENT may modify these General Terms and Conditions at any time. Modifications will not apply to orders already confirmed prior to their entry into force, which will be governed by the conditions in effect at the time of contracting.

21. Applicable law and dispute resolution

These terms are governed by Spanish law. Where the client qualifies as a consumer, any dispute shall be submitted to the courts and tribunals of the consumer's domicile, in accordance with consumer protection regulations. Where the client acts as a professional or business entity, the parties submit to the courts and tribunals of [RELLENAR: ciudad del domicilio social], waiving any other jurisdiction that may apply.

22. Partial nullity

If any clause of these conditions is declared null or unenforceable, in whole or in part, by a final court ruling, such nullity shall not affect the validity of the remaining conditions, which shall remain in force, with the affected clause being interpreted in the manner that most closely approximates the original intent of the parties.