Terms & Conditions

Last updated: January 1st, 2023

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1. Introduction

Welcome to Datavocity Online, LLC (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our mobile application Datavocity operated by Datavocity Online, LLC

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.datavocity.com/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at hello@datavocity.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.
For US: us-optout@datavocity.com
For EU: eu-optout@datavocity.com
For Canada: ca-optout@datavocity.com

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”) . You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles a reset either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Datavocity Online, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Datavocity Online, LLC customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Datavocity Online, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Datavocity Online, LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Datavocity Online, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

6. Free Trial

Datavocity Online, LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Datavocity Online, LLC until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Datavocity Online, LLC reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

7. Fee Changes

Datavocity Online, LLC, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Datavocity Online, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds

We issue refunds for Contracts within zero (7-10 working days) days of the original purchase of the Contract.

9. Content

Content found on or through this Service are the property of Datavocity Online, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

10.  Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

(a)  In any way that violates any applicable national or international law or regulation.

(b)  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c)  To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d)  To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e)  In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f)   To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

(a)  Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

(b)  Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

(c)  Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

(d)  Use any device, software, or routine that interferes with the proper working of Service.

(e)  Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f)   Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

(g)  Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h)  Take any action that may damage or falsify Company rating.

(i)   Otherwise attempt to interfere with the proper working of Service.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Firebase
Firebase is analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Clicky
Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms

Cloudflare analytics
Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/

Azure DevOps
Azure DevOps is a Software as a service (SaaS) platform from Microsoft that provides an end-to-end DevOps tool chain for developing and deploying software.

You can find Microsoft Privacy Statement here: https://privacy.microsoft.com/en-gb/privacystatement

Weblate
For more information on what type of information Weblate collects, please visit their Privacy Policy page: https://weblate.org/en/terms/

12.  No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

13.  Accounts

When you create an account with us, you guarantee that you are above the age of 18 , and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/ or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

14. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Datavocity Online, LLC and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Datavocity Online, LLC.

15.  Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@datavocity.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

16.  DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a)  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b)  a description of the copyrighted work that you claim has been infringed, including the URL (i.e.,web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c)  identification of the URL or other specific location on Service where the material that you claim is infringing is located;

(d)  your address, telephone number, and email address;

(e)  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f)   a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at dmca@datavocity.com

17. Error Reporting and Feedback

You may provide us either directly at hello@datavocity.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall no tretain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

Bugsnag
Bugsnag is a platform for monitoring and logging stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/  

Firebase Crashlytics
Firebase Crashlytics is bug reporting service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

18. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Datavocity Online, LLC

Datavocity Online, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Datavocity Online, LLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

19. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THERE IN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FORE GOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20.  Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

23. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

24. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

25. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

26. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

27. Contact Us

Please send your feedback, comments, requests for technical support:

By email: hello@datavocity.com.

By phone number: +1 (469) 373-1600.

By mail: Datavocity Attn: Customer Service, P.O. Box 250752, Plano, TX 75025.

IT ISRECOMMENDED TO READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFOREACCESSING THE SERVICES. BY CLICKING ON THE BUTTON"I ACCEPT THE TERMS AND CONDITIONS" THE USER EXPRESSES HIS AGREEMENT WITH THE GENERALTERMS AND CONDITIONS.

1. DEFINITIONS

In these General Terms and Conditions, the expressions below have the corresponding meaning:

For the purposes of these Terms and Conditions:

  • SERVICES: Set of activities carriedout by the PROVIDER that seek to respond to one or more needs ofa USER.
  • CLIENT: Company through which the USER contracts the services of the provider
  • PROVIDER: Fractalia IT Systems España SLU, CIF B84933894 and address at C / Ronda de Poniente 2. Building8, 2nd Floor 28760 Tres Cantos (Madrid) Spain
  • USER: An individual or company that uses the SOFTWARE and benefits from the provision of services by the PROVIDER  due to the efforts of the CLIENT, whether or not he is a consumer
  • SOFTWARE: computer application/s with the ability to perform a set of tasks for which they were designed..

2. GENERAL CONDITIONS AND THEIR ACCEPTANCE

These general terms and conditions (hereinafter, the "GeneralConditions") regulate the provision of Services and use of the software license that PROVIDER makes available to a USER.

The acceptance, without reservation, of these General Conditions becomes indispensable for the use of the software and the provision of the SERVICES offered by the PROVIDER.

The use ofsome of the SERVICESoffered may requirethe installation of additionalapplications and / or third- party software (or links thereto)on the USER's computer, for the performance of the SERVICES solely andexclusively for the purpose of the USER performing the tasks in accordance with the provisions of the General Conditions.

If the software or services of third parties requires an acceptance of particular conditions of the manufacturer, it is expressly indicated that the acceptance of General Conditions impliesthe acceptance also of the General Conditions of said manufacturer.

The USER is informed that, as a result of the installation of the SOFTWARE for the use of some services, the application may send information and data provided by the USER to the servers owned by the PROVIDER, as well as require additional information, with the sole purpose of controlling access and the provision of the service as well as for the sending of communications and information about the service provided, in accordance with accepted privacy practices and applicable law. Likewise, the useof the SERVICES is subject to all notices, regulations of use and instructions made known to the USER by the PROVIDER.

Also, by accepting, you allow this application to access the settings of you roperating system and third-party programs.

3. PURPOSE

These General Conditions regulate the use of the SOFTWARE and the realization of the SERVICES offered by the PROVIDER.

This General Conditions do not establishany legal relationship between the USER and THE PROVIDER with respect to third-party applications, and nothing contained in General Conditions may be interpreted as a representation orguarantee by the PROVIDER related to third-party applications.

Likewise, the PROVIDER reserves the right to also modify or unilaterally replace these General Conditions as a result of the modification, evolution and promulgation of laws, regulations and rules applicable to the provision of services and / or aspects related to them, but only after written notice to the CLIENT.

4.  DESCRIPTION OF THE SERVICES

The USER may consultin formation about the SERVICES offered by the PROVIDER on the CLIENT's website; the USER shall only receives those SERVICES that have been contracted for between USER and CLIENT. The descriptions and scope of the SERVICES vary according to the contracted modality and as stated in the origin of the contract that contains the terms of provision of the SERVICES.

The USER may request assistance from the technicians of the Support Center of the SERVICES, througha chat-type dialog window. If the resolution of the incident requires it, the technician may remotely manage the equipment, prior acceptance by the USER.

To access the SERVICE, it may be necessary to use the SOFTWARE; the USER must have a licenseor USER account. In addition, it requires the USER to have an Internet connection (the connection is not the subject of these General Conditions).

The assistanceis provided on the operating systems and applications supported by the manufacturers, always subject to availability depending on the operating system owned by the USER and the possession of a legitimate copy of it.

In the event that the USER has problems accessing the Internet and cannot request assistance via chat, the USER may contact the technicians by telephone.

Chat sessionsand/or conversations will be recordedin order to ensure the security and reliability of theservice.

5. SUPPORTED OPERATING SYSTEMS, APPLICATIONS AND DEVICES

The USER is informedthat for all the SERVICES provided, described above, the PROVIDER reserves the right, after written notice to the CLIENT, to modify the list of operating systems, applications, devices and file formats supported to respondto the reality of the evolution of the market, discontinuing assistanceon any software considered obsolete, and adding those that are always considered of habitual utility.

Users will have access to all or part of the supported systems or applications, depending on the product that gives them access to the service included in the Original Agreement[what original agreement?]

5.1  THIRD PARTY SERVICES AND PRODUCTS

i.  The services that require in turn third-party services or third-party products will be provided under the conditions offered by the third party.

ii. For services related to Office 365 and Microsoft, on which the user requests some management or service, the user expressly accepts the terms and conditions indicated by the manufacturer itself, available at the link https://www.microsoft.com/licensing/docs/customeragreement.

For Microsoft cloud services the terms of the provider's MCA2017Agr (EMEA) EU-EFTA(SPA) (Sep20172) agreement islocated at https://download.microsoft.com/download/2/C/8/2C8CAC17-FCE7-4F51-9556- 4D77C7022DF5/MCA2017Agr_EMEA_EU-EFTA_SPA_Sep20172_CR.pdf which the user jointly and severally accepts by accepting these Terms and.

6.  DURATION

The provision of the SERVICES will begin at the time of acceptance of the General Conditions by the USER and will remain in force as long as the USER maintains the current contract with the CLIENT and provided that the USER is up to date in the payment of the corresponding fees to the CLIENT. Without prejudice to this, the PROVIDER reserves the right not to renew the contract at its expiration without the need to justify the cause. In this case,the USER must be notified not less than 60 days before the renewal of the contract by the PROVIDER. The PROVIDER reserves the right to delete or modify any service at the end of the contractual period with the USER.

7. OBLIGATIONS OF THE USER

The provision and maintenance of the contracted SERVICES will be understood, in anycase, subject to the strict compliance of the General Conditions by the USER, where appropriate, in any others that may result from their modification. Specifically, as a general rule, the USER undertakes, in relation to the SERVICES, and as the case may be:

I. Always act inaccordance with the law, good customs and the requirements of good faith, usingthe diligence appropriate to the nature of the CONTRACTED SERVICES, refraining from using said SERVICES in any way that could prevent, damage or deteriorate the normal functioning of the same or the rights of the PROVIDER or the rest of THE USERS and / or in general of any thirdparty.

ii. Observe all the rules and conditions that the PROVIDER may impose on the use ofthe equipment, systems and resources assigned in order tobe able to provide an optimal and adequate service.

iii. Not to use the equipment, systems or resources of the PROVIDER, nor the contracted SERVICES themselves, to carry out activities contrary to the laws, morality, or public order. Like wise, the USER under takes not to use the SERVICE Swith fines or illicit, prohibited or harmful effects of rights and interests of third parties, declining the PROVIDER any responsibility that may arise from it.

The USER will not execute activities through, orthrough the contracted SERVICES, which involve the infringement of the rules on telecommunications, intellectual property, industrial property, competition,unfair competition, advertising, protection of the rights to honor, personaland family privacy, self-image, privacy, protection of personal data, freedom of expression, freedom of opinion, freedom of information or otherrights of a similar nature.

Likewise, the USER undertakes to: 

Collaborate with the PROVIDER to facilitate the realization of the SERVICES. 

Provide the PROVIDER with access to all the information necessaryfor the proper development of its functions.

Authorize the PROVIDER to change the versions of the software agents that are used for the provision of the SERVICES, whenever the PROVIDER deems it necessary.

Provide correct data in the registration form. In the event that the data were not correct, the PROVIDER reserves the right not to provide the SERVICES.

8.  LIABILITY

The PROVIDER will make all reasonable efforts to try to guarantee the availability and accessibility of the SERVICES. Likewise, the PROVIDER undertakes to make themaximum effort to maintain an acceptable level inthe fulfillment of its contractual obligations, but cannot guarantee, explicitly or implicitly, the continuity of the SERVICES at a given time, the integrity of the information stored, processedand / or transferred in, or through its equipmentand systems. The PROVIDER is notresponsible for unauthorized accessby third parties to stored USER information, for the loss or corruption thereof, nor for those interruptions of the SERVICES that occur as a result of force majeure events or causes that are beyondits control. The PROVDER shall undertake all reasonable and necessary steps to safeguard the information provided by the USER and CLIENT.

In the same way, the resolution time or the resolution of the incident itself cannot be guaranteed. The PROVIDER only undertakes to provide the best possible assistance.

The PROVIDER will not be liable for the damages that are incurred to the USER in the event that he has made an improper use of the SERVICES, nor will he be responsible for the falsity of the information providedby the USER at the time of his registration of registration in any of the SERVICES offered.

The PROVIDER does not control the applications of third parties, so it is not responsible for the execution, accuracy, integrity, quality, or direct or indirect damages caused by the use or impossibility of using them, intellectual property rights related to them, or for the effects on the operation of other applications or the operating system. In addition, the use of third-party applications may be governed by additional terms and conditions that are not set forth in these Terms and Conditions.

THE PROVIDER does not intervene in the creation, transmission, or in the provision of the information or the SERVICES disseminated, provided, stored, received, obtained, made available, or accessible through or through the equipment, systems and / or resources made available to the USER, not exercising any kind of prior control or guaranteeing the legality, infallibility and usefulness of the same, declining consequently any responsibility that may arise from it.

On the other hand, the USER is aware and accepts that the PROVIDER may display images, texts and advertising banners on its websites, for the sole purposeof facilitating the search and access to information, content and services available on the Internet, hyperlinks or technical link devices, which will allow the USER to access Internet sites or portals that may belong to or be managed by thirdparties. The PROVIDER will not offer or market on its behalf the information, content and services available on linked sites, nor does it approve, supervise or control them, and will not be responsible, in any case, for the contents and services or any material available there.

The USER knows and accepts that all costs related to the use of the SERVICES such as the costs of their computer resources, internet access and connection, including, among others, for the transmission and download of data, costs of data storage devicesand hardware, and electricity costs,are borne exclusively by the USER.

The USER is solely responsible for any claim or legal, judicial or extra judicial action, initiated by third parties both against the USER himself and against the PROVIDER, relating to the infringement of third-party rights and / or applicable regulations and arising from the illicit use of the SERVICES, assuming the USER how many expenses, costs and indemnities are irrogated to the PROVIDER due to suchclaims or legal actions.

The PROVIDER carries out processes of verification, detection and / or elimination of harmful elements and infected information on the USER's computerusing appropriate software. However, it cannot guarantee the effectiveness of the tools used or the absence of any external elements that may cause alterations in the equipment and computer applications of the USER. Therefore, it is the responsibilityof the USER to maintain an adequate and updated antivirus system, malware, adware, spyware and any other element that may render their information useless.

The PROVIDER excludes all responsibility for delays or failures that occur in the operation of its technological architecture, as well as for interruptions or malfunctions of the SERVICES, when they have their origin in breakdowns caused by naturaldisasters such as earthquakes, floods, lightning or fires, situations of forcemajeure, situations of extreme urgency, such as wars, military operations, civil unrest, strikes, lockouts, or are beyond your reasonable control.

THE USER will be responsible for verifying if the SOFTWARE that is going to be installed on his computer is compatible with the equipment that he currently has before proceeding to its installation since the PROVIDER is not responsible in any case for the possible damages or losses that the installation of the software can cause in his computer and information stored to it.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The USER assumes all responsibility and risks associated with the use of the software. The software is provided "as is", disclaiming any warranty. There is no guarantee that the software will meet your needs, nor that the software will be error-free. Any warranty orcondition, whether express or implied, including any implied warranties orconditions of merchantability, fitness for a particular purpose and regulatory compliance, as well as any warranties or conditions that may arise in the course of negotiations or in business practice, are excluded. No announcement or information, whetheroral or written,or from other sources, will generate any guarantee or condition, except those expressly described in this contract and without prejudice to the other provisions of the regulations.

10. MODIFICATIONS

Thecharacteristics of the SERVICES may be modified in order to adapt them to their technical evolution, when there are reasons for this, as well as any technical improvement that allows incorporating a greater number of benefits in order to improve the SERVICES. In any case, and whenever necessary, the PROVIDER will notify the USER of modifications.

All notifications, modifications and communications by the PROVIDER to the USER will be considered effectively for the purposes when they are made by sending by email to the address provided by the USER in the Registration Form of the SERVICES or by any other means through the tool itself.

The communications of the USER to the PROVIDER must be addressed to the following address: registro@actesupport.com

11. ACCESS AND USE OF THE SERVICE

If, as aresult of registration, the USER is provided with a license to use and / or password to access, he undertakes to make diligent use of it and keep itstrictly secret. The USER is solely responsible for the correct custody and strict confidentiality of any passwords, access data or other elements that are provided by the PROVIDER and undertakes not to assign their use to third parties, either temporarily or permanently. It will be the responsibility of the USER any illicit use of the SERVICES by illegitimate third parties who for this purpose use a password delivered to the USER by the PROVIDER. On the other hand, the identification and authentication by means of a USERNAME and password make theUSER possess such USERNAME and password,

It is the inexcusable obligation of the USER toimmediately notify the managers of the PROVIDER regarding any fact that allows or may allow the improper use ofthe keys and / or passwords, including (but not limited to) theft, loss and other similar circumstances. As long as such facts are not communicated to the PROVIDER, the PROVIDER will be exempt from any liability that may arise from an incorrect, fraudulent, mendacious orfraudulent use of such keys and passwords

12. COOKIES POLICY

Cookies are files that can be downloaded to the USER's computer through the web pages.These tools have anessential role for the provision of numerous services of the information society, among others, allow a web page the storage and retrieval ofinformation about the browsing habits of the USER or his equipment.

Depending on the information obtained, they may be used to recognizethe USER and improve the SERVICES offered.

Depending on the purposeof obtaining information about the USER, there are different types of cookies: 

Own cookies or third-party cookies: depending on who is the entity that manages the domain from where the cookies are sent and treats the data obtained.

Session cookies or persistent cookies: according to the period of time they remain storedin the USER's browser.

Finally, depending on the purpose for which the data obtainedis processed, thereare five types of cookies: technical, personalization, analysis, advertising and behavioral advertising cookies.

The cookies used below by the PROVIDER have the typologyand function:

Own cookies: They are managed by the domain to which the USER accesses and from which he requests a certain SERVICE.

Persistent cookies: They will remain on the USER's computer until a certain date. They will not be deleted once the USER leaves the web page that generated them.

Technicalcookies: These are those that allow the USER to navigate through a web page, platform or application and the use of the different optionsor services that exist in it,for example, control traffic and data communication or identify the session.

Personalization cookies: These are those that allow the person responsible for them to monitorand analyze the behavior ofthe USERS of the websites, application or platform and for the elaboration of navigation profiles of the USERS of said sites,applications and platforms, in order to introduceim provements based on the analysis of the usage data made bythe USERS of the service.

Analysis cookies: These are those that allow the person responsible for them to monitor and analyze the behavior of the USERS of the websites to which they are linked. The information collected is used in the measurement of the activity of the websites, application or platform and for the elaboration of navigation profiles of the users of said sites, applications and platforms, in order tointroduce improvements in the function of the analysis of the data made by theUSERS of the service.

At all times,and at least during the installation or updating of the browser, the USER hasthe possibility to accept or reject the installation of cookies on the USER's computer through the "Options" or "Preferences" of the menu of his browser.

In each browser the different operation, the "Help" function shows how to do it. These are the instructions to configure cookies in the main browsers:

Chrome: Settings> Show advanced options> Privacy> Content settings. Firefox: Tools> Options>Privacy> History> Custom Settings.

Internet Explorer: Tools> Internet Options> Privacy> Settings.Safari: Preferences> Security.

13. DATA PROTECTION

The USER is informed and gives his consent for his personal data to be incorporated into the corresponding automated file of the CLIENT, authorizing the PROVIDER and / or its suppliers the treatment of the same for their use in relation to the development and execution of the SERVICES, in the form and with the limitationsof the provisions of Organic Law 15/1999, of December 13, Protection ofPersonal Data.

The USER may exercise, at any time, their right of access, rectification, cancellation and opposition, where appropriate, with respect to theirpersonal data in writing, by letter addressed to the address indicated in clause 2 or via e-mail to registration@ actesupport.com

The USER expressly allows the PROVIDER to send electronic communications.

14. CONFIDENTIALITY

The PROVIDER undertakes during and after the provision of the SERVICES to treat all the information handled, the results obtained on the occasion of the realization of the SERVICES, as well as the information that has been provided in a strictly confidential manner, using it exclusively forthe purposes expressed in these Generals and adopting the necessary security measures so that its content is not disclosed to unauthorized third parties. by the USER.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

The SOFTWARE and all rights, including without limitation the proprietary rights therein, are the property of the PROVIDER and/or its licensors and affiliates, and are protected by the provisions and other applicable national laws of the country in which itis used. The structure, organization and code of the software are valuable trade secrets and confidential information of the PROVIDER and / or its licensors and affiliates.

The software and services of third parties belong to the third party provider and it is the user's obligation to continue withthe intellectual and industrial property regulations indicated.

The USER may only use such software to access the SERVICES. Once the Original Agreement containing the SERVICES has been terminated, the USER must proceed to uninstall it, not being able to keep a copy of any of the applications that were installed.

The USER may not reproduce,alter, adapt or translate the software, nor perform acts of reverse engineering, decompiling, disassembling or in any way try to discover the source code of the software except to the extent that it is expressly authorized to decompile underapplicable law and only to achieve interoperability of the software. Inaddition, You may not rent, lease, loan, sell, redistribute or sub-license theSOFTWARE.

16. CANCELLATION OF SERVICES

The PROVIDER may with drawor suspend cautiously, the provision of the SERVICES to those USERS who fail to comply with the provisions of these General Conditions, duly communicating it,without prior notice.

17. COMPETENT APPLICABLE LAWS AND COURTS

The provision of the SERVICES object of this contract will be governed by the common Spanishlegislation or, in the case of consumersresiding in other countries of theEuropean Union, the legislation of their countryof residence in case (i) this is mandatory and (ii) grant greater guarantees to the consumer than Spanish legislation. In case of litigation, theparties expressly and voluntarily submit to the Courts and Tribunals of Madridcapital, expressly waiving their own jurisdiction, if they are another.