Legal Framework

DigitalMotionPartners, registered at 28005, C. Cava Baja, 47 004 B, Madrid, Madrid, Spain (“Controller”, “we”, “us”), is the data controller for personal data processed through digitalmotionpartners.com and related service communications. This Privacy Policy describes what we collect, why we collect it, and the rights available to data subjects under Regulation (EU) 2016/679 (GDPR) and the California Consumer Privacy Act (CCPA).

1.1 Categories of Data We Process

• Identity & contact data: first name, last name, business email, phone number, company name submitted through our inquiry console.
• Project data: specifications, budgets, and timelines you voluntarily include in a brief.
• Transaction data: invoice identifiers, payment status, and billing address processed via our payment provider. Full card details never touch our servers.
• Technical data: IP address, browser type, device identifiers, and page events collected through essential cookies and privacy-respecting analytics.

1.2 Legal Bases for Processing

• Art. 6(1)(b) GDPR — Contract: preparing quotes, delivering contracted services, and administering accounts.
• Art. 6(1)(f) GDPR — Legitimate interests: securing the platform, preventing fraud, and improving service quality with minimal data impact.
• Art. 6(1)(a) GDPR — Consent: non-essential cookies and optional marketing communications. Consent may be withdrawn at any time.
• Art. 6(1)(c) GDPR — Legal obligation: tax, accounting, and regulatory record-keeping.

1.3 Retention

Inquiry records are retained for up to 24 months from last contact. Contractual and financial records are retained for the statutory period required under Spanish commercial and tax law (generally up to 6 years). Data is deleted or anonymized thereafter unless a longer lawful basis applies.

1.4 Recipients & International Transfers

Data is shared only with processors necessary to operate our service: cloud hosting providers within the EEA, our payment processor (Stripe), email delivery infrastructure, and professional advisers bound by confidentiality. Where a processor operates outside the EEA, transfers rely on Standard Contractual Clauses (SCCs) and supplementary safeguards.

1.5 Your Rights

Subject to statutory conditions, you have the right to access, rectify, erase, restrict, and port your data; to object to processing based on legitimate interests; and to lodge a complaint with a supervisory authority (in Spain: the Agencia Española de Protección de Datos). CCPA residents may additionally request disclosure, deletion, and opt-out of “sales” of personal information — we do not sell personal data.

1.6 How to Exercise Rights

Email [email protected] with the subject line “Data Subject Request”. We respond within 30 days, free of charge, after verifying your identity.

These Terms of Service (“Terms”) govern engagements between you (“Client”) and DigitalMotionPartners, 28005, C. Cava Baja, 47 004 B, Madrid, Madrid, Spain. By commissioning a project, paying an invoice, or accepting a Statement of Work (SOW), you agree to these Terms.

2.1 Scope & Statements of Work

Each engagement is defined in a written SOW specifying deliverables, pricing, turnaround windows, and acceptance criteria. Work outside the SOW requires a written change order with adjusted fees and timelines. Estimates remain valid for 14 days from issue.

2.2 Fees, Invoicing & Payment

Fixed-price projects are invoiced 50% upfront and 50% on acceptance unless the SOW states milestone billing. Retainers are billed monthly in advance. Invoices are due within 14 calendar days. Late payments may accrue interest at the statutory maximum rate and may pause active work after written notice.

2.3 Client Obligations

You agree to provide timely access to accounts, content, feedback, and decision-makers. Delays in client-provided inputs extend delivery timelines proportionally. You represent that you hold rights to all materials you supply and that your use of deliverables will not infringe third-party rights.

2.4 Intellectual Property

Upon receipt of full payment, DigitalMotionPartners assigns to you all worldwide rights in project-specific deliverables (custom code written for you, designs, and content produced under the SOW). We retain rights to pre-existing tools, libraries, know-how, and reusable components, which are licensed to you perpetually and non-exclusively as needed to operate the deliverables.

2.5 Confidentiality

Each party will protect the other’s confidential information with at least reasonable care and use it solely for the engagement. Obligations survive for 3 years after termination, or longer for trade secrets under applicable law.

2.6 Warranties & Liability

We warrant that services will be performed professionally and materially in accordance with the SOW. For 30 days after acceptance, we will remedy reproducible defects at no charge. EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED “AS IS”, AND WE DISCLAIM IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. Our aggregate liability arising from an engagement is limited to the fees you paid for that engagement in the 12 months preceding the claim. We are not liable for indirect, consequential, or lost-profit damages.

2.7 Termination

Either party may terminate for material breach not cured within 15 days of written notice. Upon termination, you pay for work completed and non-cancellable commitments incurred up to the effective date. Provisions on IP, confidentiality, payment, and liability survive termination.

2.8 Governing Law

These Terms are governed by the laws of Spain. Courts of Madrid have exclusive jurisdiction, without prejudice to mandatory consumer protections in your country of residence.

This Cookie Policy explains how DigitalMotionPartners uses cookies and similar technologies on digitalmotionpartners.com. It should be read together with our Privacy Policy.

3.1 What Cookies Are

Cookies are small text files stored on your device when you visit a website. They enable core site functions, remember preferences, and — with consent — measure aggregate usage.

3.2 Categories We Use

• Strictly necessary: session integrity, security tokens, load balancing, and storing your cookie-banner choice (cookie_accepted). These do not require consent.
• Preference: remembering UI choices such as dismissed notices for the current browser session.
• Analytics (consent-based): aggregated, privacy-respecting traffic measurement to improve content and performance. Set only after you accept.

3.3 Third-Party Cookies

Embedded map content and payment processors may set cookies under their own policies when you interact with those widgets. We do not control third-party cookies; please consult the relevant provider documentation.

3.4 Managing Cookies

You can accept or decline non-essential cookies via the cookie banner. Most browsers also let you block or delete cookies in settings. Blocking strictly necessary cookies may impair site functionality. Withdrawing consent does not affect the lawfulness of prior processing.

3.5 Updates

We may update this Cookie Policy when our practices or legal requirements change. Material changes will be highlighted on this page with a revised date. Contact [email protected] with questions.

DigitalMotionPartners is committed to fair, transparent billing. This Refund Policy applies to all fees paid to DigitalMotionPartners, 28005, C. Cava Baja, 47 004 B, Madrid, Madrid, Spain.

4.1 Cooling-Off Period (Fixed-Price Projects)

You may cancel a fixed-price project for a full refund within 14 calendar days of the initial payment, provided kickoff workshops have not begun. If substantive work has started before day 14, we refund the balance net of hours actually delivered at the SOW rate.

4.2 Milestone & Phase Refunds

For milestone-billed projects, completed and accepted milestones are non-refundable. Prepaid amounts for milestones not yet started are refundable in full. Partially started milestones are pro-rated based on documented effort.

4.3 Retainers

Monthly engineering retainers may be cancelled before the next billing cycle with written notice at least 15 days prior. Unused prepaid hours do not roll over unless the SOW states otherwise. No refund applies to the current month once the reservation of engineering capacity has begun.

4.4 Defect Remediation Instead of Refund

Where deliverables materially deviate from the SOW, our primary obligation is to correct the defect within a reasonable time at no charge. If we fail to cure within 30 days of written notice, you may terminate the affected scope and receive a refund of fees paid for that uncured scope.

4.5 Non-Refundable Items

• Third-party licenses, stock assets, domain registrations, hosting, and marketplace fees purchased on your behalf.
• Work delivered and accepted under a signed SOW.
• Abandoned projects inactive for 60+ days without written extension (fees earned to date are retained; unearned prepaid balances are refunded).

4.6 How to Request a Refund

Email [email protected] from the address used on the order with subject “Refund Request”, including the invoice number and reason. Approved refunds are issued to the original payment method within 10–14 business days of approval.

4.7 Chargebacks

Please contact us before initiating a chargeback — most billing issues resolve faster directly. Where a chargeback is filed without prior contact and the claim is not upheld by the payment network, reasonable administrative fees may apply as permitted by law.