Conditions of use of the website and general contracting conditions.
SMART2ME, S.L., pursuant to the relative provisions in Law 34/2002 of 11th July on Information Society and E-commerce Services, informs the website User prior to the provision of the service of the processes and obligations they must execute for the effective execution of the agreement:
b. The User commits to enter the personal data and additional information essential for the provision of the service.
These Terms and Conditions are signed by:
As party of the first part, SMART2ME, S.L., company of Spanish nationality, domiciled in Madrid, Paseo de la Castellana 139 2ª planta, 28046, with VAT No. B86653938 and registered in the Commercial Registry of Madrid, in Volume 30.802, Book 0, Folio 146, Section 8ª, Page number M-554347, Entry 1 (hereinafter, “SMART2ME” or the “Company”).
And as party of the second part, the User, which is that which uses the Website, as well as the products, services, content and/or tools that are offered thereby (hereinafter, the “Services”) and whose identifying data is that provided directly thereby through the incorporation of its data into the different forms that SMART2ME makes available thereto in order to access for free or through payment any of the Services that are offered through the Website that is owned and held by SMART2ME. The liability over the authenticity of the data provided corresponds directly and exclusively to the User.
The purpose of these Terms and Conditions governing the provision of the Services and/or any particular conditions that can be established are to regulate the access and the acquisition regime of the Services provided by SMART2ME to the User through its Website, as well as to define the rights and obligations of the different parties within this legal framework, whereby the contractual relationship is developed, either in exchange for an economic consideration or for free, as determined if applicable.
The Services will be any that are available to the User on the following Website held by SMART2ME:www.indigitall.com. The Services are exclusively aimed at professionals, understood as any person or entity that exercises a regular remunerated activity in any commercial or industrial field, including, in particular, marketing, advertising, risk capital investment, the development of products or software.
The Terms and Conditions may be consulted, printed and stored by the User prior to the start of the contracting procedure.
The Terms and Conditions, along with any particular conditions that could be established, if applicable, regulate the legal relationship resulting from the contracting processes formalised by the User through the website of SMART2ME. The User expressly accepts the full and unreserved adherence to these stipulations in the version published by SMART2ME at whatever time the User contracts whatever products, services, content and/or tools in which it is interested. Therefore, the User commits to carefully read the contracting conditions each time it proceeds to contract a Service, given that the same have been able to be subject to amendment since the last time it accessed.
These Terms and Conditions do not exclude the possibility that certain Services are subjected to some particular conditions, in which case they will be made available to the User.
Through the acceptance of these Terms and Conditions, the User states:
a. It is a person with capacity to contract.
b. It has read and accepts these Terms and Conditions.
The User will have access always and in every case, prior to the start of the contracting procedure, to the contracting conditions, and may be stored and/or reproduced in a long-lasting support. SMART2ME makes available to the User the email address firstname.lastname@example.org with the purpose of attending to any query in relation to these Terms and Conditions and/or, if applicable, the particular conditions.
SMART2ME may amend these stipulations, provided there is sufficient cause or motive therefor. It is understood that there is sufficient cause or motive for the amendment, including and not limited to when the purpose thereof is to:
a. Expand the range or number of products and services that are made available to the User or improve existing ones.
b. Adapt the products and services that are the subject matter of this agreement to any progress that may occur due to the development of new information technologies.
c. Amend, replace or update the prices of the products and services that are offered through the website.
d. Any others directly related to the previous ones or that bear a direct cause from an amendment in the Laws and applicable regulations.
On occasion and provided the User consents in this regard, SMART2ME will create an account in the name of the User (hereinafter, the " Account" ), giving it access to its own personal space (hereinafter, the " Personal Area" ), that will enable it to use the Services in a format and in accordance with the technical means that SMART2ME deems to be most appropriate for the provision of such Services.
The User guarantees that all the information provided is accurate, up-to-date and true. The User commits to immediately update the data of its “Personal Area” in the event that any of them change, with the purpose of continuously meeting the aforementioned criteria.
The User is informed and accepts that the information provided thereby for the updating of its User is valid as proof of its identity. The data entered by the User will be binding at the time of confirmation.
The User can access their Personal Space by logging onto the Website using their connection ID and password. The User commits to use the Services personally and to not permit third parties to use them on their behalf. Any use of the Services with the ID and password will be deemed to have been carried out by the respective User. Likewise, the User is responsible for confidentially and securely keeping its connection ID and password. The User should contact SMART2ME immediately if they see that their account has been used without its knowledge. The User acknowledges the right of SMART2ME to take all the measure it deems appropriate in a case like this one, including, without limitation, the closure of the account / Personal Space.
SMART2ME permits the User to download the appropriate Software Development Kit (hereinafter referred to as “SDK”) according to the platform used by the User. The User must ensure that they have the right and are capable of understanding, accepting and respecting the policies of the Application Programming Interface (hereinafter referred to as “API”) of the respective editors of the platform (such as Apple, Google, etc.). Before downloading the SDK, it is strongly recommended reading the documentation established on the website, especially with regard to the settings and parameterisation of the SDK.
The User will have access to the following Services in a format and in accordance with the technical means that SMART2ME deems most suitable.
SMART2ME provides a module "PushApp" that helps the User to be more proactive and to communicate with the end users through their applications. The features of the module "PushApp" are described on the website.
INDIGITALL PUSH WEBSITE
SMART2ME provides a module "PushWeb" aimed at the web and dedicated to websites/mobiles that helps the User to be proactive and communicate with its end users. The features of the module SMART2ME "PushWeb" are described on the website.
SMART2ME has a module "Analytics" that enables the User to see the performance of the application and observe the efficiency of marketing campaigns. Therefore, the User has access to statistics in relation to the use of the Services in the form and in accordance with the technical means that SMART2ME deems most appropriate. The features of the module "Analysis" are described on the website.
At the request of the User and the agreement of SMART2ME, SMART2ME may provide specific consulting services. These services will be defined by the parties and confirmed by SMART2ME. These services will be billed in accordance with (i) the general principles established in these Terms and Conditions and (ii) the prices defined by the parties.
The reports are solely for the internal use of the User. The User may share the reports with third party service providers for their analysis and monetisation, for example, through advertising networks to sell advertising, subject to the confidentiality obligations that require that third party service supplier to not publicly disclose the information in its reports. The User may not sell, rent, disclose or make available to the public the reports without the prior written permission of SMART2ME.
Each Party will have the right to display, show and mention, solely after its use, in any support, the partnership between SMART2ME and the User, especially showing the logo and text provided by the other Party.
The prices and tariffs applicable to the contracting by the User of any products and services that require economic consideration will be any appearing on the Website held by SMART2ME in effect at that time. In the case of non-standardised offers, the tariffs will be indicated, if applicable, in the respective particular conditions. The tariffs do not include VAT or other applicable tax.
The payment and billing of the products and services will take place in advance and at the start of each month (or on the date on which the registration, if applicable, takes place). In the event that a user communicates their cancellation once the collection has been carried out for the amount of the Service(s) pertaining to the respective current month, SMART2ME will not reimburse the amount charged.
SMART2ME reserves the right to amend the tariffs and price list published on the Website whenever it deems it appropriate.
Any delay in the payment of the totality or part of any amount that is owed for the provision of services of SMART2ME to the User within the framework of these Terms and Conditions, will automatically involve the immediate suspension of the Services contracted by the User if, SMART2ME having given form notice to the User, the User does not regularise such situation.
Likewise, SMART2ME will apply a late-payment interest with regard to the amount owed equivalent to three times the legal interest of the money, increasing by two points, calculated on the total of all the amounts owed by the User.
The acceptance of these Terms and Conditions, as well as the information included on the Website and/or accepted in regard to the services that SMART2ME provides directly related to transactions carried out in the context of these Terms and Conditions are duly registered, constituting the means of proof among the parties, in particular for the calculation of the amounts owed.
Without prejudice to other obligations provided for in these Terms and Conditions, the User commits, in the use of the Services, to:
a. Respect and abide by all current laws and regulations and to not violate public order or infringe the rights of third parties. The User is the sole party responsible for successfully executing any administrative, tax and/or social processes that may result from the use of the Services. SMART2ME will in no event be liable in this regard.
b. It acknowledges that it has read on the Website and has understood all the characteristics and restrictions, and in particular the technical characteristics, of the entire range of Services. The User is the sole party responsible for the use of the Services.
c. Personally use the Services. The User will not assign, sub-licence, delegate or transfer to third parties the totality of part of the rights resulting from these Terms and Conditions.
d. Use the SDK and Services appropriately and reasonably. The User should provide accurate, appropriate and adequate information and data. In the event that a product is erroneously listed or has an incorrect price or with incorrect specifications, or that the information does not fulfil these Terms and Conditions, SMART2ME reserves the right to deny or cancel any order made for an incorrectly listed product, regardless of the fact that the order has been confirmed or not.
The User commits not to use (or authorise or encourage third parties to use) the SDK or the Services, in general, for:
a. Any act, statement or omission caused by or in relation to the violation of the law and/or any applicable regulation and/or these Terms and Conditions and/or the Terms and Conditions of the platforms;
b. Create fraudulent impressions or fraudulent clicks for any advert, including, without limitation through repeated manual clicks, the use of robots or other automated consultation tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimisation services and/or software;
c. Forge headings or manipulate identifiers to hide the origin of any content transmitted through the Services;
d. Load, publish, send by email or transmit in any other way any content that the User has no right to transmit by virtue of any law or regulation or by virtue of contractual relationships;
e. Carry out any acts or actions that may be deemed “spam" through the Services, or any process that is executed or activated as long as the User is not connected;
f. Interfere with or interrupt the Services or servers or networks connected to the Services, or disobey any requirement, procedure, policy or regulation of the networks connected to the Services;
g. Stalk and/or execute or carry out “stalking” acts or actions; and/or
h. Avoid any use or limit of access to the use of the SDK or the Service;
i. Carry out illegal campaigns, aggressive marketing messages, use of robots or mechanisms banned by the editors of the platforms (such as Apple or Google), as well as any damage to the SMART2ME servers, bandwidth or information systems, as is reasonably estimated by SMART2ME;
j. Disclose, transfer, export and/or re-export, directly or indirectly, the Services to any destination, end user or final user banned by Regulation (EC) No. 1334/2000 and Regulation (CE) No. 428/2009, and/or the applicable national laws or any other applicable export control law, without the prior written approval of the European Commission, customs or other pertinent agency.
k. Earn money, sell or transfer all or part of the access to the services or to the information stored and/or shared on the Website; y/o
l. Conceive, execute, develop and/or execute a system, application, software and/or modules that compete with the Services.
The User will indemnify and exempt SMART2ME from all liability with regard to any claims, complaints, suits, actions, damage, harm, liabilities, losses, agreements, sentences, costs and expenses arising or resulting from (i) any violation of the Terms and Conditions, (ii) the use by the User of the SDK and/or the Services or (iii) the unauthorised use of the SDK and/or of the Services.
In the event of the non-fulfilment by the User of any of the provisions of these Terms and Conditions and/or of the particular conditions, or of any law or regulation, SMART2ME reserves the right, having formally notified, to take whatever measures it deems appropriate and in particular (with no limitation):
i. Suspend access to the Services;
ii. Cancel the User’s access. The cancellation will cause the automatic deletion of the User’s Account, as well as all the respective stored and indexed content, without prejudice to any other consequences that could derive from these Terms and Conditions. The cancellation of the stored content will only be possible through a pre-notice sent by SMART2ME to the User;
iii. Inform the competent authorities;
iv. Start and pursue any procedures of any kind.
Without prejudice to other obligations set out in this agreement, SMART2ME commits to fulfil the following contractual obligations resulting from the commercial relationship between the User and SMART2ME:
a. Provide, with the maximum guarantees to the User, the products, services, content and/or tools requested thereby, in accordance with the provisions of these Terms and Conditions.
b. Expressly inform the User of the existence of these Terms and Conditions prior to the start of the contracting procedure.
c. Inform the User prior to contracting and in a specific, clear, precise and unequivocal manner, of the specific features of the products, services, content and/or tools requested, such as the price thereof and any tax that is applicable thereto.
d. Make available to the User a copy of the text of the Terms and Conditions. Likewise and for any Services that require it, any particular conditions that, if applicable, are applicable will be made available to the User prior to contracting.
e. Adopt the appropriate measures to conserve the security and confidentiality of the stored and indexed content, and to prevent unauthorised third parties from accessing such content.
f. Confirm to the User both the effective execution of the transaction, except for any products or services whose execution is immediate, in a maximum term of 24 hours from the acceptance thereby of the contracting conditions, such as the effective execution of the payment in the event that the contracting of the product and/or service requires an economic consideration.
g. Issue to the User the confirmation of payment or invoice of the contracted products or services to SMART2ME, when the contracted service requires an economic consideration.
h. Security: The website uses data security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the purpose of preventing unauthorised data access. To achieve these goals, the user/customer agrees that the provider obtains data for the purposes of the respective authentication of the access controls.
SMART2ME makes every effect to ensure that the data appearing on its Website is correct and is up-to-date. Nonetheless, errors or omissions cannot be ruled out, therefore, the User should not deem the data to be accurate without first verifying such accuracy with SMART2ME. None of the data and/or content of this Website must be deemed a statement or indisputable fact. SMART2ME cannot control the use made by the User of the information or content that is offered from the Website and, therefore, will not be liable for any events, acts or damage, direct or indirect, caused to the User or to third parties that may result from or be connected to the use of such information or content.
The User exonerates SMART2ME from any liability that could result from interruptions in availability in the acquisition of the Services caused by force majeure or causes out of its control, including, but not limited to (i) the modem, (ii) the user’s information system, (iii) the browser software, (iv) virus, (v) telephone and electric network interconnection, (vi) RDSI, and/or any other transport or telecommunications infrastructure used by the User.
SMART2ME will not be liable for any damage or harm that could be caused to the User by third party owned products. The risks deriving from the use of third party owned products correspond exclusively to the User, which should be governed by the terms and conditions thereof, for which SMART2ME is also not liable.
In any case, any liability that could be incurred by SMART2ME within the framework of these Terms and Conditions is expressly accepted by the User, which is limited quantitatively to one monthly payment, this being understood as the amount of the Service(s) of the last month billed.
The contractual relationship between the User and SMART2ME will remain in force as long as the User is registered in the contracted Service(s). To that end, these Terms and Conditions (and, if applicable, any amendments that take place) will be applicable from the time the User uses the Website and/or proceeds to contract any products, services, content and/or tools.
In any case, SMART2ME reserves the right to amend them unilaterally, which may affect the products acquired by the User(s) prior to the amendment.
SMART2ME is the holder of the Intellectual and Industrial Property rights of the elements that make up the design of the page, such as the frame, brand name or distinctive symbol. In particular and without limitation, they are protected by the copyright, logos, colour combinations, selection and form of presentation, the source code of the Website, the menus, the browsing buttons, the HTML code, the Java applets, the texts, images, graphics, as well as any other content of the Website relating to the products, services, content and/r tools provided by SMART2ME.
The User commits to respect the Intellectual and Industrial property rights of the Website and of the products, content and/or tools. Therefore, the User will refrain from copying, reproducing, distributing, making available or publicly communicating the content of the website without the express and written authorisation of SMART2ME, provided that the following conditions are met:
No amendments may be made to the content, except when the User has the prior authorisation of SMART2ME. The content of the Website may only be used for information purposes, its use being prohibited for commercial purposes or for its distribution, public communication, transformation or decompilation.
Likewise, SMART2ME is the holder of all the intellectual and industrial property rights inherent or related to the Services. The User will only be granted a revocable, non-transferable and non-exclusive license to use the Services and the SDK, solely to access the SMART2ME platform and within the limits and conditions established in these Terms and Conditions. SMART2ME will preserve all the rights and titles in relation to the software, the SDK and the Services, and reserves the right to amend the software and SDK.
These Terms and Conditions are governed by applicable current Spanish regulations.
For the resolution of any disputes that could result as a consequence of the stipulations of these provisions, and with the express waiver of any other jurisdiction to which it could have recourse, the User agrees to submit to the Jurisdiction of the Courts of Madrid.