Terms and conditions

Last updated: 26 September 2026.

1. Provider and scope

These terms apply to the use of HolaKiko, offered by Tobias Benkner, Calle Doctor Alfonso Chiscano Diaz 10, 35010 Las Palmas de Gran Canaria, España.

Terms of the customer that differ from these do not become part of the contract, even if we do not expressly object to them.

2. Who may use the service

The service is open to businesses and consumers alike. Anyone contracting as a consumer, that is, for purposes that are predominantly outside their trade or profession, additionally has the rights set out below under the right of withdrawal.

That is the normal case and not a special route: people without a business file tax returns too. Anyone sorting documents for their rental property or collecting medical invoices for their income tax return uses the same service.

3. What the service does

HolaKiko accepts documents, reads their details automatically, files them in order and assembles export packages for the tax practice from them. The scope depends on the plan chosen.

Automatic reading works by machine and is not free of error. The values read out are a suggestion; they are presented for checking before they are adopted. The customer is responsible for the correctness of the details.

4. No tax advice

The service provides no tax advice and no bookkeeping within the meaning of tax advisory legislation. VAT returns, profit-and-loss statements and posting logic are explicitly outside the scope of services; tax fields are captured and passed on, not assessed.

5. Conclusion of contract

The contract comes into being when the customer creates an account and chooses a plan. The presentation of the plans on this website is not a binding offer.

6. Prices and payment

The prices published at the time of booking apply. All prices are exclusive of any applicable VAT.

Payment is due in advance for the respective billing period. If a payment fails to arrive, we may suspend access after notice; the data remains intact and retrievable during that time.

We announce price changes at least six weeks in advance by e-mail. Anyone who does not agree may terminate before they take effect.

7. Term and termination

The contract runs for an indefinite period and may be terminated by either side at any time at the end of the current billing period. Termination is possible in the settings; deleting the account counts as termination.

All data can be downloaded before the end: a ZIP with every original file and spreadsheet, at any time and without asking. After the account is deleted the data is removed; details and periods are set out in the privacy policy.

8. Right of withdrawal for consumers

Consumers may withdraw from this contract within 14 days without giving any reason. The period begins when the contract is concluded. Sending the notice in good time is enough to meet the deadline.

The withdrawal is to be addressed to Tobias Benkner, Calle Doctor Alfonso Chiscano Diaz 10, 35010 Las Palmas de Gran Canaria, España, info@pulpo.cloud. A clear statement is enough: a single sentence by e-mail will do; the form below is an offer, not a condition.

Starting early

Anyone wanting to use the service straight away must expressly agree to this and confirm that the right of withdrawal thereby lapses once the service has been supplied in full. We obtain that agreement at the point of purchase; without it, performance begins only after the period has expired.

With a running subscription, “supplied in full” does not mean “used once”. If notice of withdrawal is given within the period, only the portion used up to then is payable; we refund the rest.

Consequences

We refund all payments received without delay, at the latest within fourteen days of receiving the withdrawal, using the same means of payment and no charges arise for that. The uploaded documents can be downloaded as a package beforehand; afterwards they are deleted.

Model withdrawal form

9. Customer obligations

• The statutory duty of retention stays with the customer. It applies to the taxpayer, not to the provider of the software. The service is a tool, not an archive in the legal sense. Anyone wanting to be safe downloads their data package regularly.
• Access credentials are to be kept confidential. If there is any suspicion that somebody else has access, we are to be informed.
• Only content that the customer is entitled to have processed may be uploaded.
• Documents containing health data, a medical invoice for instance, should only be uploaded if the consent provided for that has been given. It is requested separately inside the application and can be withdrawn at any time. Without it we have no basis for processing such documents; the service remains usable unchanged in every other respect.
• The service must not be used in a way that impairs its operation, for instance through automated bulk access.

10. Availability

We make an effort to keep the service running continuously, but owe no particular level of availability. We announce maintenance where possible; unavoidable interruptions, through faults at service providers for instance, give rise to no claim for reduction as long as they are not substantial and lasting.

11. Data protection

How we handle personal data is set out in the privacy policy. Insofar as we process data on the customer's behalf, the data processing agreement applies in addition; it is accepted together with these terms and needs no signature.

“On behalf of” applies to companies and tax practices, where the customer decides on purposes and means and we carry them out. Anyone sorting their own records as a consumer does not need that agreement: we are then the controller ourselves and the privacy policy alone applies.

12. Liability

We are liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.

In cases of ordinary negligence we are liable only for breach of material contractual obligations, those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may rely, and then limited in amount to the foreseeable damage typical of this type of contract.

We are not liable for the correctness of automatically extracted values insofar as they were presented to the customer for checking. That is the heart of the process: reading is done by machine, confirming by hand.

Mandatory statutory liability remains unaffected.

13. Changes to these terms

We may change these terms where there is an objective reason to do so, such as a change in the legal position or new features. We announce the change at least six weeks in advance by e-mail. Anyone who objects may terminate as of the date it takes effect; we point this out in the announcement.

14. Final provisions

Spanish law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is the provider's registered office, insofar as the customer is a business.

For consumers both apply only to a limited extent. The choice of law does not deprive a consumer of the protection of the mandatory provisions of the state in which they are habitually resident (Art. 6(2) Rome I). And a consumer may always sue us where they live; we may sue them only there.

Should any provision be ineffective, the remainder of the contract stays in force.