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General Terms and Conditions

Last updated on 04.07.2022

THANK YOU FOR TRUSTING US AND USING OUR SERVICES!

WARNING

BEFORE STARTING TO USE OUR SERVICES WE URGE YOU TO THOROUGHLY READ THE FOLLOWING TERMS AND CONDITIONS ESTABLISHED WITHIN THIS AGREEMENT AS THEY ARE LEGALLY BINDING.

By registering for, using, or otherwise accessing any of Netzo’s services (as defined below), you agree to be bound by this Agreement, which is an enforceable Agreement between you (hereinafter referred to as “user” or “customer”) and Rokaware SL (hereinafter referred to as “Rokaware”, “the company”, “Netzo”, “we”, “us” or “our”) and the Netzo family of companies located worldwide ("Affiliates"). If you do not wish to be bound by this Agreement, you may not and we do not grant you the right to access or use any of the services provided by Netzo.

1. Definitions

  1. User Account refers to an individual user’s or Customer’s authorization to log in and use the Service and serves as a user’s or Customer’s identity within Netzo.

  2. Affiliates refers to the Netzo subsidiaries as shown in Our Website. An overview of the Netzo family of companies is available here, and may be updated from time to time by us.

  3. Applicable Laws refers to all applicable local, state, federal, and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data, such as, to the extent applicable, the GDPR.

  4. Beta Release refers to the version of the software and services that is being released for the express purpose of enabling users to test and start using the software.

  5. Company (referred synonymously as "the Company", "Netzo", "Rokaware", "We", “Us” or "Our") refers to Rokaware SL, Paseo de la Castellana, 30 BAJO DERECHA, 28046 Madrid, and the Netzo family of companies ("Affiliates").

  6. Documentation refers to the end user technical documentation provided for use of the Services, available here, and may be updated from time to time by us.

  7. Feedback refers to information provided to us by you in connection with our services, including but not limited to suggestions, feature requests, comments or other feedback, including possible enhancements or modifications thereto.

  8. GDPR refers to the General Data Protection Regulation (Regulation (EU) 2016/679).

  9. GTC refers to the general terms and conditions of usage of Netzo and its Services.

  10. High Risk Activities means activities where the use or failure of the Services could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control

  11. Intellectual Property Rights refers to all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret rights.

  12. Merchant of Record (referred to as “MoR”) refers to the legal entity that is authorized by us to sell our services to you. Our MoR may handle all payment processes and take on the liabilities of such transactions including but not limited to (collecting statutory vat, ensuring payment card industry compliance, and honoring refunds and chargebacks).

  13. Order Form (also referred to as Contract Offer) refers to a separate order contract signed by both parties

  14. Organization refers to an entity that is not a natural person, but is a legal entity that obtains the rights to use the Services, becoming in any case the Customer.

  15. Parties (referred to as “Party” when referring to either the User or Customer and Us) refers collectively to the User or Customer and Us.

  16. Platform refers specifically to the Netzo Web Platform, accessible here.

  17. Privacy Policy refers to Netzo's Privacy Statement, available here, and may be updated from time to time by us.

  18. Professional Services. (also referred to as "Integration Services" and "Additional Services") means professional services provided by Us, to the Customer in the scope of technical assistance, onboarding, implementation, migration, customization, training, consulting, additional support or other professional services in connection with the Software Subscription. Professional Services, unless otherwise stated in an Order Form signed by both Parties, are not included in the Subscription. However, we may choose to provide Professional Services free of charge.

  19. Prohibited Data means any special categories of data enumerated in GDPR, Article 9(1) or any successor legislation. It also means any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”). Additionaly, credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (PCI DSS), or other financial account numbers or credentials and finally, it also referes to social security numbers, driver’s license numbers or other government ID numbers or any data similar to the above protected under foreign or domestic Laws.

  20. Publisher refers to the Customer that publishes content on the Platform or the application repositories hosted by us.

  21. Services refers to the applications, software, products, and other features provided by us, including the Paid Software and any portions of the Software and Services offered to you free of charge in accordance with the GTCs stipulated herein.

  22. Software refers to the Netzo Web Platform available here.

  23. Subscription (also referred to as Subscription Plan and Paid Version) refers to a recurring fee which contains access to the Platform with usage and resource upgrades, maintenance of the Platform, ongoing updates and limited technical support as agreed upon on a separate Order Form signed by both parties.

  24. Third-Party Data refers to any data, information, or content (including application data, personally identifiable information (PII)) that is not stored in our databases or within or service providers, but is exchanged with Third-Party Services integrated with Netzo.

  25. Third-Party Services refers to any device or application accessible over an application programming interface (API) (including software, hardware and any other types of API or interface integration), which have been deliberately integrated and authenticated from within Netzo to retrieve and process pieces of data.

  26. Updates refers to modifications, error corrections, bug fixes, new releases, or other updates to or for any of our services.

  27. User (referred synonymously as “Beta Tester”, “Customer”, “You” or “Your”) refers to the individual (natural person) accessing the Service, or the the members of an Organization, company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  28. Website refers to Netzo’s website located here, and all content, services, and products provided by Netzo at or through the Website. It also refers to any Netzo-owned subdomains of netzo.io.

  29. Workspace refers to top-level containers that own application resources. Workspaces allow access, control, and collaboration across Netzo. A user has access to one or more workspaces according to the limits denoted on this document.

  30. Workspace Resources refers to the features and the quantity of these included in the Workspace with regards to the amount of Users, Services, Dashboards, API Calls. For more information please refer to our pricing page available here or contact us to get a Quote for a Paid Subscription with more features.

2. Scope and Subject Matter of the Contract

  1. Service Provider. Rokaware SL, Paseo de la Castellana 30, BJ DR, 28046 Madrid (Netzo) along with its Affiliates provides all Services to its users and Customers on the bases of the general terms and conditions (hereinafter referred to as “GTC”), unless otherwise agreed in the respective Order Form signed by both parties.

  2. Scope of GTC. These GTCs apply to all services (Subscriptions and Professional Services included) and resources (Documentation, Website, etc.) currently under Beta Release offered by Netzo in addition to our website unless otherwise stated in a separate Order Form signed by both parties.

  3. Subject Matter of the Contract. These GTC apply exclusively unless stated otherwise in the respective Order Form signed by both parties. Conflicting or differing general GTCs of the Customer do not apply, unless Netzo has expressly agreed to their application in writing. Differing general GTCs of the Customer shall not become part of the contract. If, in addition to the actual conclusion of the contract, the Customer requires to issue a separate order for its internal processing, any of the Customer’s General GTCs listed therein shall not apply.

  4. Scope of the Beta Release. The scope of the Beta Release revolves around several rounds of testing to improve the stability of the services with your help.

  5. NOTICE. Please note that by representing and warranting that you meet all of the requirements mentioned in this GTC you are entering a legally enforceable obligation.

3. User Account and Workspaces

  1. Registration and Beta License. In order to gain initial access and start using the Beta Release features of the service, you are required to create a User Account. By creating a User Account you are given access to a limited free developer Workspace that only you can access. If you want multi-user workspace, increase your workspace resource limits, and/or more features, you need to opt for a paid Subscription Plan of our services. By registering you are solely responsible for representing and warranting that all the information provided to us is truthful and accurate. Additionally you agree to keep the provided information up to date. You may update your personal information by visiting account settings or by emailing us at [email protected]. Upon proper registration of your User Account, Netzo grants you the personal, non-transferable (without the right to sublicense) rights and license to use the Software and services provided by us under our Beta Release, solely for your own personal and internal business purposes until such time as either you or we decide to terminate the Agreement in accordance to the terms of service established in section four (4).

  2. Eligibility. As an express condition of being allowed to use our services you represent and warrant that you are 18 years or older, or 13 years or older provided you have parental consent, or the applicable age of majority in your country. By creating a User Account and using our services, you agree and warrant that the above mentioned requirements are met. Additionalaly, when signing a separate Order Form, you represent and warrant that you have the legal capacity to enter into contracts under the applicable law and that you are not on a list of persons barred from receiving services under U.S. government, Spanish government, and European law or other applicable jurisdictions. You must not be based in Russia, Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government, Spanish government or E.U. embargo, or that has been designated by any of these as a “terrorist-supporting” country.

  3. Credentials. You agree not to share your password with anyone else. You must notify us immediately of any unauthorized access to or use of your username or password, or any other suspected security breach. Only the person to which the User Account belongs as specified in the provided information is allowed to make use of our services under that User Account. You are solely responsible for keeping your credentials secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your User Account and user credentials. Under this Agreement you agree to not hold us liable for any cost, loss, damages or expenses arising from your failure to maintain the security of your User Account and user credentials. We recommend that you set up two-factor authentication as a measure of security.

  4. Authority. When you agree to be bound by this Agreement (including by registering for, using, or otherwise accessing any portion of the service, you agree and understand that the terms herein will apply to you, and any other entity on whose behalf you are acting (your “Organization”). If you accept this Agreement or any portion of the service for the benefit of your organization you agree that your organization will be bound by this Agreement and that all references herein to “You”, “User” or “Customer” shall include your Organization, and you represent and warrant that you have authority to bind your organization in this way.

  5. Configuration. Unless otherwise specified in a Order Form signed by both parties, you are solely responsible for the proper installation and configuration of your User Account and the Workspace managed by you. This is to be done in accordance with the documentation provided by us.

  6. Workspace Resources. Unless otherwise stated in a separate Order Form signed by both parties, the amount of Workspace Resources included in your Workspace can be seen in our pricing page available here. You can refer to your Workspace's Homepage within the Platform to view your Resource usage and your Workspace's Resources. Please note that in the course of the beta version we can modify the amount of Workspace Resources included. To avoid loosing any work derived from an alteration of these, please keep in mind the limitations that may be updated from time to time by us.

4. Start of Obligation, Duration, Fees, Terms of Payment, and Termination

  1. Start of Obligation. This legally binding Agreement is concluded upon registration (by clicking ”I Agree”) to our services or otherwise upon signature of the Order Form by both parties.

  2. Contract Term. The terms of the contract and, accordingly, the billing of any applicable fees shall begin upon registration unless stated otherwise in a signed Order Form signed by both parties.

  3. Applicable Fees. Fore more features and Workspace Resources you can opt in por a paid Subscription Version of the Software. Additionaly, paying customers may opt to pay for additional Professional Services. The fees for Subscriptions and Professional services are determined in a separate Order Form signed by both parties. Unless otherwise stated within the signed Order Form, these prices are monthly net prices in Euro and are additional to any applicable statutory sales tax.

  4. Payment of Fees. By signing up for a paid Subscription you are authorizing us or our merchant of record (MoR), Revin US1 Corp and Digital Entities GmbH (hereinafter referred to as Revin) to charge the applicable Subscription and Professional Service Fees plus any applicable taxes and other fees resulting in accordance with the payment conditions established in the separate Order Form signed by both parties. Revin's terms and conditions as well as their privacy policy are hereby incorporated into the GTCs.

Merchant of Record (MoR)

  1. Refunds, Upgrading, and Downgrading. All payments for Subscriptions are non-refundable unless stated otherwise in the Order Form signed by both parties. To upgrade or downgrade the scope of the services agreed upon in the signed Order Form you may email us at [email protected]. We will promptly review your inquiry and send you a new offer with the applicable changes. Please note that any downgrades may only come into effect once the current contract term is concluded. Please note that downgrading your service may cause the loss of workspaces, features, capacity, work, depending on the downgrade for which we do not assume liability. You agree not to hold us liable for any such loss resulting from downgrading our paid services.

  2. Termination for Breach. Either party may suspend or terminate this Agreement immediately upon written notice if the other party commits a non-remediable material breach of this Agreement or if the other party fails to cure any remediable material breach of this Agreement within 5 (five) days of being notified in writing of such. In the case of paid Subscription the termination for breach for non-payment of applicable fees is within 7 (seven) days of such notice.

  3. Cancellation and Termination. Both parties may terminate the Subscription effective immediately unless otherwise stated in a Order Form signed by both parties. We reserve the right to suspend our service to you at any time, with or without cause. If we decide to terminate your paid Subscription without cause, we will refund a prorated portion of your monthly or yearly applicable fees prepayment unless otherwise stated in the signed Order Form signed by both parties.

  4. Beta Termination. We reserve the right of terminating any Agreements made for the Beta Release of our services with immediate effect unless otherwise stated in a Order Form signed by both parties. For paid Subscription customers, applicable refunds will be handled in accordance with the terms stated in the Order Form signed by both parties. We reserve the right to subsequently offer you or not a new release version of our services.

  5. Effects of Termination. On termination of this Agreement all rights and access to our services as stipulated herein shall automatically cease with immediate effect.

  6. Changes in Pricing. We reserve the right to change our prices at any time without affecting any ongoing paid Subscriptions already agreed upon in a signed Order Form signed by both parties. If any changes in pricing occur we will notify you one (1) month prior the renewal of your Subscription or otherwise as stipulated in the Order Form signed by both parties. It is your sole responsibility to inform us if you want to terminate the services before any upcoming renewal due to price changes.

5. Grant of Rights, Support, and Restrictions

  1. Copyright Infringement. Nothing in this GTC is intended to or shall grant any rights under any patent, copyright, trademark, trade secret or other intellectual property right of either party, unless specified, nor shall this Agreement grant either party any rights in or to the other party’s proprietary information, except the limited right to review such proprietary information in connection with the proposed relationship between the parties. Nevertheless, the parties (in the case of Organizations) grant themselves a royalty free, worldwide, non-exclusive, cross-license with regard to the use of their main trademark with the sole purpose to inform third parties of the commercial relation between them (“Cross-license”). The Cross-license will be valid for an indefinite period of time; any of the Parties will be entitled to end the Cross-license with a three (3) month prior notice.

  2. Beta License Grant. This Agreement sets forth the terms and understanding between both parties, to provide a limited, non-exclusive framework of cooperation and understanding, granting you a license to use our services and software. We grant you a limited, simple, non-transferable (without the right to sublicense), non-commercial rights to use our services (with certain limitations) under its current Beta version in accordance with the GTCs stipulated in this instrument. The purpose of this license is to carry out a set of trials within the software environment, with the intention to identify bugs or obtain feedback from the Beta Tester regarding the services functionality, security and reliability. We may modify the resources available for each license unless otherwise agreed in a separate Order Form signed by both parties. We host and retain physical control over our Beta services and only make them available for access and use by you over the internet through a web-browser or mobile device. Nothing in this Agreement obligates us to deliver or make available any copies of computer programs or code from our services to you, whether in object or source code form. We reserve the right to revoke access and use of our services at any time unless stated otherwise in a separate Order Form signed by both parties. Further, we reserve the right to enter the User Account as needed to monitor, measure the use of our services, validate certain features and/or functionalities of our services, and to provide services or necessary support.

  3. Ownership. Netzo shall own and retain all right, title, and interest in and to the intellectual property rights in our Beta products and any derivative works. You do not acquire any other rights, express or implied, in the Beta products other than those stated in this document. All rights not expressly granted hereunder are reserved to Netzo unless otherwise agreed in a separate Order Form signed by both parties. Should you decide to transmit to us by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and will be deemed non-confidential and you automatically grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable rights to use, copy, transmit, distribute, create derivative works of, display or use the respective materials or information.

  4. Customer Support Channels. Unless stated otherwise in the Order Form signed by both parties we only offer support via email ([email protected]) or through any of our community support channels as listed in the website. We do NOT offer telephone support or any other type of support not stated here. However, we reserve the right to, depending on your inquiry, to take all measures we deem necessary to support you if we decide so. You accept that we are under no obligation to provide technical support under the GTCs herein, and that we provide you no assurance that any specific error or discrepancies in our services will be corrected unless stated otherwise in a separate Order Form signed by both parties.

  5. Multi-tenant Workspaces. If you have paid a Subscription Version (agreed in a separate Order Form signed by both parties) the following terms apply: Each collaborative workspace will have an administrator who accepts, removes or invites team account members. By agreeing to the terms you acknowledge that your identity, including name, email address, avatar, telephone may be disclosed to other members of the collaborative workspace. Additionally you may also be granted extended access to monitor workspace usage.

6. Acceptable Use of Services and Obligations

  1. Compliance with Applicable Law. You represent and warrant that your use of the website and services does not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You represent and warrant that your use of the service complies with applicable laws.

  2. Usage Restrictions. You agree that you will not under any circumstance use our Services to upload, post, host, or transmit user data that:

    • is unlawful or promotes unlawful activity in accordance to the Applicable law;
    • is or contains obscene, indecent, or pornographic content;
    • is defamatory or fraudulent;
    • is abusive, harassing, violent, or threatening, or otherwise objectionable;
    • is discriminatory or abusive toward any individual or group;
    • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system);
    • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
    • is misleading, deceptive or fraudulent, or falsely impersonate or misrepresent an affiliation with Netzo or any third party;
    • Contain any unsolicited messages or spam, or any requests for personal information of any other user; and
    • is Prohibited Data or that constitutes High Risk Activities;
  3. Your Responsibilities. You are responsible for your conduct, content, and communications with others while using our services. You represent and warrant that you comply with the following requirements when using the service:

    • you may not purchase, use, or access the services for the purpose of building a competitive product or service or for any other competitive purposes;
    • use the services solely under the GTCs of this Agreement or if stated otherwise, those in the Order Form signed by both parties ;
    • not to sublicense, sell, encumber, transfer, reverse-engineer, decompile, disassemble or copy by any means whatsoever, by operation of law or otherwise, the services and licenses granted under this Agreement;
    • inform us if third parties proceed against you or us with the allegation that the use of the services infringes the rights of any third party;
    • defend us against and hold us harmless from any claims, losses or damages arising in any litigation filed by a third party wherein it is alleged a use of the services made by you in contravention to the terms of this Agreement; and
    • to report any suspicious behavior you may identify.
    • you are solely responsible for personal data of natural persons contained in third party application you integrate with Netzo
    • it is the Customer's responsibility to handle personal information of natural persons, including its content and accuracy, according to applicable laws and regulations that may apply. Customer represents and warrants that it has made all disclosures and has all rights, consents and permissions necessary to use its Third-Party Data with the Services and grant Netzo the rights to process the information, all without violating or infringing Laws, third-party rights (including intellectual property, publicity or privacy rights) or any terms or privacy policies that apply to Customer’s Third-Party Services.
  4. Linked Third Party Services. The marketplace contains template system integrations with third party applications and services (“third party service marketplace plugins”). You agree that we provide integrations with such third party services solely as a convenience. In no way are we responsible for the content or availability of such third party service marketplace plugins, and we do not endorse such third party services (or any products or other services associated therewith). Access to any third party services marketplace plugin is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such third party service. Your use of these plugins will be subject to the terms applicable to each such third party service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Service or any terms applicable to such Third Party Services.

  5. Feedback.We agree to use your personal information only for identified purposes, and protect it in a manner that is consistent with our privacy policy. You represent and warrant that the feedback you provide to us:

    • contains your original ideas and is provided by you to us without payment or conditions of any kind;
    • Once your feedback has been conveyed to us, it becomes our property and confidential information;
    • It may or may not be used by us to improve subsequent versions of our Beta services;

7. Warranties and Disclaimers

  1. Beta Disclaimer. Our services offered under this Agreement are experimental and shall not create any obligation for us to continue to develop, update, productize, support, repair, offer for sale or in any other way continue to provide, update, or develop the services either to you or to any other party.

  2. Limitation of Liability. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  3. Indemnification. You agree to hold hold harmless and indemnify us, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from ir in any way related to your breach of the Terms and your use of the Software and/or your participation in this Beta Release, or your violation of any applicable laws, rules or regulations in connection with the services offered under our Beta Release.

8. Data Protection and Confidentiality

  1. Netzo's Platform Privacy Policy, available here, discloses information on the processing of personal information from natural persons and is hereby incorporated into and made part of the GTCs of Service established within this document.

  2. Data Processing Addendum (DPA), for the processing of personal data for users of an Organization, in this case the Customer, the parties conclude a separate Data Processing Agreement. In the event of contradictions, their regulations precede these General GTCs.

  3. Standard Contractual Clauses, for the event of data transfer into third countries where data protection measures do not fulfill those imposed by European legislation (GDPR). Netzo shall set forth the European Union's Standard Contractual Clauses as described in the Data Processing Agreement concluded by the Parties.

  4. Data Security, in the event that one of the parties has reason to believe that there has been an unauthorized loss, access or disclosure of the other party’s confidential information, it shall notify the other party without delay.

  5. Confidentiality. Any information transferred by the Parties, by any means and during the term of this Agreement, shall be treated as confidential (“Confidential Information”). As a consequence, Parties individually and expressly acknowledge that as a result of the entering into of this Agreement they shall have access and knowledge of Confidential Information of the other Party and therefore, they should treat it as if it were their own Confidential Information. Parties acknowledge that the Confidential Information shall exclusively be used in relation to this Agreement, title thereof not being transferred in favor of the other Party. You acknowledge that Confidential Information’s ownership shall not be transferred nor any sort of disclosure shall be made. You also agree to scrupulously keep as trade secrets: technical and commercial data or information, including prices offered by Netzo access and reserved administrative matters which disclosure may cause damages to Netzo. Thus, you agree not to use the Confidential Information for your own benefit or for the benefit of third parties.

  6. Personally Identifiable Information (PII). Each of the Parties is obliged to maintain, and make available on their respective websites and documentation, a privacy notice that complies with the applicable laws, rules and regulations, including express authorization to disclose, collect, exchange and use personal data. Customer acknowledges that personal data from Third-Party Services integrated with Netzo may therefore flow through our infrastructure (including our application programming interface (API), servers and service providers). The contract is performed under free will. Netzo will only collect and process the personal information necessary to create, maintain and manage the users specified by Customer and in regards to this Agreement and the latest privacy policies. This information includes but is not limited to names, email addresses, passwords, job position, employer, IP addresses and other device and usage data gathered by use of the Services. Users will be required to consent to the processing of their personal information during their sign in process through the completion of forms provided by Netzo, email verification of the users and acceptance by digital means of the privacy notice made available by Netzo for this end.

  7. Marketplace, Netzo makes available the direct publication of open-source plugins to the application repository hosted by our service provider GitHub. Data disclosed in the Marketplace may contain pieces of personal information and other information that is not directly related to the Customer, in any case the Publisher. The Publisher is solely responsible for the content of the data and for the consequences of its use, including any infringements to data privacy regulations, copyrights and other applicable laws.

  8. Nothing herein shall limit Netzo from disclosing the terms of this contract to potential financing sources, security holders, strategic partners and advisors.

9. Other

  1. Governing Language. The governing language of this Agreement is English. We may provide one or more translations in our website's legal center (available here) for your convenience, however the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of this Agreement.

  2. Dispute Resolution. The parties will at all times attempt to resolve any dispute related to the Agreement herein through good faith, informal negotiation. However, in the case of any dispute, this Agreement shall be governed and interpreted under Spanish Law, having as exclusive jurisdiction the courts located in the municipality of Madrid. You hereby agree to waive any other jurisdiction that may correspond to you in the case of any disputes.

  3. Responsability. Each Party will be responsible for dealing with any claims or demands arising out of its actions or omissions, and those of its respective personnel, in relation to this Agreement. Since the services and software are in a Beta phase, Netzo is not responsible for any failure or error during the use of the services. In addition, since the services are in the cloud, Netzo does not control or guarantee the absence of viruses in the services, nor the absence of other elements that may cause alterations in the computer systems of the user and/or its customer.

  4. Changes to Terms. We reserve the right to adjust and make changes to the GTCs established within this Agreement from time to time and may or may not notify you in the event of such. By accepting these GTCs you understand and agree that if you use the services offered under our Beta Release after the date on which these changes are made and enter into effect we will treat your use as acceptance of the updated GTCs.

  5. Order of Precedence. The Parties agree that, in the event of any conflict between the GTCs of this Agreement and the terms and conditions contained in a separate Order Form signed by both parties, those contained in the Order Form shall prevail, unless expressly stated otherwise.

  6. Survival. Some of the sections here will survive the expiration or termination of this Agreement. These are the following.

  7. Third Party Tool Integrations. One or more services may integrate with third party services. You hereby consent to the sharing of the information in the services with these third party services and certify that you have any and all required consent for doing so.

  8. Miscellaneous. This Agreement does not create a partnership, agency relationship, or joint venture between you and us. Any assignment of this Agreement by you whether complete or partial without our expressed written consent will be null and void. If any provision of this Agreement is unenforceable, that provision will be modified to render it enforceable to the extent possible to affect the parties’ intention and the remaining provisions will remain unaffected. Our failure to enforce a right under this Agreement shall not act as a waiver of that right or our ability to assert that right later in relation to the particular situation involved.

  9. Contact Information. If you have any questions about this Agreement, or if you want to contact us for any reason, please direct all communications to: [email protected] or by filling out the following form.

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