These Terms of Use govern access to and use of the Visualnet platform (hereinafter, the "Platform"), owned by Production Lifecycle Management, S.L. (hereinafter, "Visualnet" or "the Company"), a Spanish company with registered office in Barcelona and tax identification number B65356727.
The Platform is a professional service aimed at the film and television production industry, comprising:
For the purposes of these Terms, the following terms shall have the meaning set forth below:
The Platform operates with the following user profiles:
Registration is reserved for natural persons aged 18 or over acting in the course of their professional or business activity. Access to the full functionalities of the Platform — complete Directory profiles and operational procurement module — requires verification of the account and, in the case of Production Companies and Suppliers, validation of tax identity by means of the relevant identifier (CIF, VAT, EIN or equivalent depending on the jurisdiction).
The user is solely responsible for the confidentiality of their credentials. Visualnet recommends enabling the two-factor authentication available on the Platform. The Company shall not be liable for damages arising from unauthorised use of the credentials where the user has not reported their loss, theft or suspected misuse within a reasonable period from becoming aware of it.
The Visualnet procurement service allows the Production Company, through its Production Manager, to:
Requests for Offer published in the Development phase are indicative in nature, do not give rise to contractual obligations between the parties and are offered as a market exploration tool for the preparation of preliminary budgets.
Requests for Offer published in the Pre-production phase are binding on the Production Company and the awarded Supplier on the terms of the accepted offer, and generate the Procurement File upon the closing of the process.
When creating each Project, the Production Company declares the jurisdictional regime under which that Project will be submitted to tax authorities, incentive bodies or auditors. This declaration is binding and determines:
The Production Company is solely responsible for the accuracy of the declaration of the jurisdictional regime. An inaccurate declaration may invalidate the Procurement File for the purposes pursued by the Production Company before the recipient body.
The Platform incorporates an artificial-intelligence-based assistant aimed at the Production Manager. The assistant suggests improvements to the technical drafting of Requests for Offer and provides guidance on the selection of Suppliers. The assistant's suggestions do not constitute professional advice, do not bind Visualnet and are reviewed and accepted — or discarded — by the user under their sole responsibility.
Visualnet guarantees, as an essential element of the service, compliance with the following integrity rules in respect of every Request for Offer processed on the Platform:
These rules are an essential condition of the service and are not subject to agreement to the contrary.
Registration of Suppliers in the Directory is free of charge.
Operational access to the Platform by the Production Company requires a minimum initial deposit in the Wallet in accordance with the pricing schedule published at https://visualnet.com/productoras at the time of Project registration.
Operational charges — initial deposit, charges per Request for Offer, Tech Fee and, where applicable, minimums per Project — are governed by the pricing schedule published at the address indicated in the preceding paragraph on the date of Project creation, which shall prevail for the duration of the Project. Pricing modifications apply only to Projects created after their entry into force.
Payment is charged against the Wallet balance, which may be topped up by credit card through the certified payment provider Stripe. The Platform shall block the publication of new Requests for Offer where the Wallet balance is insufficient to cover the anticipated charge.
The incorporation of a client into the Framework Agreement programme is formalised by means of a bilateral contract between the Company and the client. The financial conditions, service levels, scope of use, cobranding conditions, billing cycle and other material terms are established exclusively in that contract, which shall prevail over these Terms to the extent of any inconsistency.
The financial conditions of the Framework Agreement programme are confidential and are negotiated individually with each client.
Published Requests for Offer are non-refundable, insofar as the service of notifying the eligible universe of Suppliers, the opening of the competitive process and the generation of the Audit Trail are executed irreversibly at the time of publication.
Unused Wallet balance may be refunded upon the Production Company's express written request, subject to application of the published processing fees and payment commissions.
The Production Company undertakes to:
Procurement managed through Visualnet · visualnet.com
The mention shall appear in the final technical credits section or institutional acknowledgements, in a visible location and with typographic size equivalent to that of other platforms, technologies or technical services credited. Where the Production Company submits the production to tax incentive bodies, financiers, distributors or festivals, it may additionally reference the use of the Platform in the technical press book (EPK) and in the cost documentation submitted to the body. The unjustified omission of the mention constitutes a contractual breach which entitles Visualnet to suspend access to the Platform and to claim from the Production Company damages arising from the loss of institutional visibility;The Supplier undertakes to:
The amounts, conditions and data contained in the offers submitted in a Request for Offer are strictly confidential.
Visualnet guarantees that:
Visualnet generates, on each Request for Offer closed in the Pre-production phase, the Procurement File. The Procurement File is signed with a qualified PAdES-B-LTA electronic signature using an FNMT-RCM certificate, in accordance with Regulation (EU) 910/2014 (eIDAS Regulation), and incorporates a qualified time stamp issued by a qualified FNMT-RCM TSA.
The Procurement File has self-standing evidential value under Article 25.2 of the eIDAS Regulation, which grants qualified electronic signatures the same legal effect as a handwritten signature. The Procurement File is, in and of itself, valid documentary evidence of the procurement competitive process documented therein, without the need for additional professional ratification.
The Procurement File may serve as the documentary substrate on which an auditor registered in the Spanish Official Registry of Account Auditors (ROAC), or the equivalent professional in other jurisdictions, may, where applicable, perform the agreed-upon procedures of an engagement in accordance with the International Standard on Related Services (ISRS) 4400 — as adopted in Spain by the ICAC from the ISRS 4400 issued by the IAASB — or equivalent standards.
For these purposes, it is expressly stated that:
Every action on the Platform generates a record chained by means of an SHA-256 cryptographic hash to the preceding record. The cryptographic chaining renders any subsequent alteration of a record mathematically detectable, conferring on the set the character of immutability for evidential purposes. Records are retained for a minimum period of seven (7) years from the date of creation, in line with the general tax limitation periods applicable in the European Union.
The Production Company may export at any time, during the validity of its account and for ninety (90) days after its cancellation, the complete Procurement File of each of its Projects in signed PDF format and in machine-readable structured format (JSON).
The set of contents, designs, software, databases and functionalities of the Platform is the exclusive property of Production Lifecycle Management, S.L., or has been licensed to the Company, and is protected by Spanish and international legislation on intellectual and industrial property.
Use of the Platform does not confer on the user any intellectual property rights over it. Reproduction, distribution, transformation or public communication of any element of the Platform without prior written authorisation is expressly prohibited.
Content uploaded by the user to the Platform — company descriptions, documentation attached to Requests for Offer and offers — remains the property of the user. The user grants Visualnet a non-exclusive, royalty-free, worldwide licence, limited to the scope and duration necessary for the provision of the service, to store, process and display such content.
The user further grants Visualnet a non-exclusive, royalty-free, worldwide and irrevocable licence to use the transactional and operational data generated on the Platform — including, by way of example, the data of Requests for Offer, offers and awards — for the purpose of generating Aggregated Data intended for the preparation and maintenance of the market benchmark that the Platform itself incorporates, and for the improvement and development of the service. The parties acknowledge that the market comparison incorporated into the Procurement File technically requires the aggregation of data across Projects and users, and that this faculty is therefore a necessary condition of the functionality offered.
The Aggregated Data so generated is the exclusive property of Visualnet and does not constitute confidential information of the user. Its generation is always carried out in aggregated and anonymised form, without the possibility of individual identification of the contributing user.
Certain technologies of the Platform are the subject of pending patent applications before the USPTO (U.S. Patent Application Nos. 64/036,591, 64/036,620 and 64/043,957). Any reverse engineering, decompilation, copying or unauthorised exploitation of such technologies is expressly prohibited.
Visualnet acts as a technological intermediary and is not a party to the commercial transactions that arise from the use of the Platform. Accordingly, Visualnet shall not be liable for:
The total accumulated liability of Visualnet to a user shall not, in any event, exceed the amount actually paid by that user to Visualnet in the twelve (12) months immediately preceding the event giving rise to liability.
The foregoing is without prejudice to liabilities which, under mandatory applicable law, cannot be subject to limitation.
The processing of personal data associated with the use of the Platform is governed by Visualnet's Privacy Policy, which forms an integral part of these Terms.
Visualnet acts as Data Controller in respect of the data of registered users, and as Data Processor in respect of personal data of third parties that the user incorporates into the Platform in the context of its Projects and Requests for Offer.
Visualnet additionally processes the personal data of the users taking part in the competitive process for the purpose of safeguarding the integrity of the process and preventing fraud, on the legal basis and with the safeguards described in the Privacy Policy.
The contractual relationship between Visualnet and the user has an indefinite term from the activation of the account, without prejudice to the specific conditions agreed in the Framework Agreements.
Either party may terminate it at any time, without prejudice to obligations already incurred.
Visualnet reserves the right to suspend or cancel the access of any user who breaches these Terms, with prior notice where circumstances permit. In cases of fraudulent, abusive or illegitimate use — including, in particular, breach of the obligations set out in sections 7.c, 7.d and 7.e — the suspension may be immediate.
Upon cancellation of the account, closed Projects and their Procurement Files shall remain available for export by the user for ninety (90) days. After that period, the data shall be retained solely in the immutable Audit Trail for the period legally required to deal with any claims — a minimum of seven (7) years — and shall thereafter be deleted or anonymised in accordance with the Privacy Policy.
The deletion, return or anonymisation of data provided for in this section shall not extend to the Aggregated Data already generated in accordance with section 11. Visualnet's faculty to retain and exploit the Aggregated Data survives the termination of the contractual relationship and is not affected by the cancellation of the user's account.
Visualnet may modify these Terms at any time. Modifications shall be notified to registered users at least thirty (30) days in advance of their entry into force, by email to the registered address and by notice on the Platform itself.
Continued use of the Platform after the entry into force of the modified Terms implies their acceptance. A user who does not accept the modification may cancel their account before the entry into force, free of charge and with the right to export their information in accordance with section 10.4.
These Terms are governed by Spanish law.
For the resolution of any dispute arising from the interpretation, performance or compliance with these Terms, the parties, expressly waiving any other forum to which they might be entitled, submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona.
For any query concerning these Terms:
Production Lifecycle Management, S.L.
Email: legal@visualnet.com