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General terms and conditions

Last Updated 25.10.2022

THANK YOU FOR TRUSTING US AND USING OUR SERVICES! SERVICES!

General Information

BEFORE YOU BEGIN TO USE OUR SERVICES, WE URGE YOU TO READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS SET OUT IN THESE GENERAL TERMS AND CONDITIONS AS THEY ARE LEGALLY BINDING.

PLEASE NOTE THAT WE PROVIDE THIS TRANSLATION FOR YOUR CONVENIENCE, HOWEVER, THE SPANISH VERSION (AVAILABLE HERE) SHALL PREVAIL IN CASE OF CONFLICT OR DISCREPANCY BETWEEN THIS VERSION AND ANY OTHER VERSION OF THESE TERMS AND CONDITIONS.

1. Subject Matter of the Terms and Conditions

The purpose of these General Terms and Conditions ("GTC") is to govern your access to and use of the Platform and the procurement of services offered by Rokaware S.L. ("Rokaware", "the Company", "Netzo", "we", "us", "us" or "our") and the Netzo family of companies located around the world (hereinafter also referred to as "Affiliates").

By registering for, using or otherwise accessing any of Netzo's services (as defined below), you agree to be bound by these GTC, which is an Agreement applicable to the relationship between you ("user" or "customer") and Rokaware. SL and the Netzo family of companies located throughout the world. If you do not wish to be bound by these GENERAL TERMS AND CONDITIONS, you may not and we do not grant you the right to access or use any of the services provided by Netzo.

These GTC apply exclusively unless Netzo has expressly agreed to their application in writing.

2. Scope of the contract

  1. Service Provider. Rokaware SL, (Netzo) together with its Affiliates provides all Services to its users and Customers on the basis of the GTCs, unless Netzo has expressly agreed to the application of other terms and conditions in writing.

  2. Scope of the GTC. These GENERAL TERMS AND CONDITIONS apply to all services (including subscriptions and professional services) and resources (documentation, website, etc.) currently in beta version offered by Netzo, unless Netzo has expressly agreed to the application of other terms and conditions in writing.

  3. Order of Precedence. The Parties agree that, in the event of any conflict between these GTC and the terms and conditions expressly accepted by Netzo in writing, the terms and conditions agreed in writing shall prevail.

  4. Resolution of Disputes. The parties shall at all times attempt to resolve any dispute relating to this Agreement through out-of-court negotiations. However, in the event of any dispute, this Agreement shall be governed by and construed in accordance with Spanish Law, with the exclusive jurisdiction of the courts of the municipality of Madrid. You agree to waive any other jurisdiction that may correspond to you in case of disputes.

Please note that by declaring and warranting that you comply with all the requirements mentioned in these GTC, you are agreeing to and binding yourself to a legally enforceable obligation.

3. Definitions

The present GTC are developed according to the following DEFINITIONS:

  1. User Account is used in reference to a user's or customer's access authorization to log in and use the platform and serves as a user's or customer's identity within the platform.

  2. Applicable Laws is used in reference to all applicable local, state, federal and international laws, regulations and conventions, including but not limited to those related to privacy and data transfer, international communications and the export of technical or personal data, such as, but not limited to, the General Data Protection Regulation (GDPR) and Law 34/2002 of July 11, 2002 on information society services and electronic commerce.

  3. Beta version is used in reference to the current version of the Platform and resources (documentation, website, etc.) that are released for the express purpose of allowing users and customers to start using them.

  4. Netzo (referred to synonymously as "the Company", "Rokaware", "We", "Us" or "Our") refers to the Rokaware SL, and Netzo family of companies ("Affiliates").

  5. Documentation is used to refer to any documentation provided for the use of the Services, which is available here, and which may be updated by us from time to time.

  6. Feedback is used in reference to information you provide to us in connection with our services and products, including, but not limited to, suggestions, feature requests, comments or other feedback, including possible enhancements or modifications thereto.

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

  8. TCG refers to the general terms and conditions of use of Netzo, Affiliates and their services and products.

  9. High-risk activities means activities where the use or failure of services and products could result in death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.

  10. Intellectual Property Rights refers to all intellectual property rights, including but not limited to patent rights, copyrights, trademarks, trade secrets, trade secrets and trade secrets.

  11. Merchant of Record (referred to as MoR) is used in reference to the legal entity that is authorized by us to sell our services and products to you. Our MoR can handle all payment processes and assume the responsibilities for such transactions, including but not limited to (collection of legally applicable VAT, ensuring payment card industry compliance, and payment of refunds and chargebacks).

  12. Order form (also known as order form or purchase order) is used in reference to an individualized purchase order signed by both parties.

  13. Company is used in reference 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 subject to these GTC.

  14. Parties (referred to as Party when referring to the User or Customer and Us) refers collectively to the User or Customer and Us.

  15. Platform (also referred to as Software) refers specifically to Netzo's web platform, which can be accessed from here.

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

  17. Professional Services (also referred to as Integration Services and Additional Services) means professional services provided by Us to Customer in the scope of technical assistance, onboarding, implementation, migration, customization, training, consulting, additional support or other professional services related to the Software Subscription. Professional Services, unless otherwise stated in a purchase order signed by both Parties, are not included in the Subscription. We may elect to provide Professional Services free of charge at our discretion, but are in no way obligated to do so.

  18. Prohibited Data is any special or sensitive category of data listed in the GDPR, Article 9) or any other applicable legislation.

  19. Paid Services refers to Services that we offer for a fee (for example, the Paid Subscription of the Software and/or additional Professional Services).

  20. Payment Method means any method that we or our MoR may accept from time to time in our sole discretion for payment of any applicable Fee.

  21. Editor is used in reference to the Customer who publishes content on the Platform or in application repositories hosted by us.

  22. Services means the applications, software, products and other features provided by us, including paid Software and any part of the Software and Services provided to you free of charge in accordance with the GTC stipulated in these GTC.

  23. Subscription (also known as Subscription Plan and Paid Version) means a recurring fee that contains access to the Platform with usage and resource updates, Platform maintenance, ongoing updates and in some cases limited technical support as agreed to in an individualized purchase order signed by Both parties.

  24. Subscription Period (also known as Billing Cycle) means the period during which Netzo will provide you with Subscription services and access to the Software, including the Initial Period and any automatic Subscription Renewal Period.

  25. Third Party Data is used in reference to any data, information or content (including application data, personal data (PD)) that is not stored in our databases or within our service providers, but is exchanged with Third Party Services integrated with Netzo.

  26. Third Party Services means any device or application accessible through an application programming interface (generally known as an API) (including software, hardware and any other type of API or interface integration), which has been deliberately integrated and authenticated from Netzo to retrieve and process data sets.

  27. Updates refers to modifications, bug fixes, new releases and/or other updates to any of our services.

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

  29. Website refers to Netzo's website located here, and all content, services and products provided by Netzo on or through the website. It also refers to any Netzo-owned subdomain of netzo.io .

  30. Workspace refers to the individual spaces which contain user or client resources within the application. Workspaces allow access, control and collaboration in Netzo. A user has access to one or more workspaces according to the limits indicated in this document.

  31. Workspace resources refer to the functions and resources included in the Workspace. These are mainly related to the number of users, services, dashboards and monthly API request limitations. For more information, see our pricing page available here or contact us for an offer for a subscription with more features.

  32. Marketplace is used in reference to the solutions (integrations, dashboards, and automations) pre-configured and available to all users within the platform in which third-party services may also be included.

4. User account and Workspace

1. Registration and Beta Subscription.¬†For the use of the Beta Version of our services and products, it is a mandatory requirement to create a User account on the Platform.¬†By creating a user account, you are given access to a free and limited developer Workspace that only you can access.¬†If you want a multi-user Workspace, increase the resource limits of your Workspace and/or more features, you must choose a paid subscription plan of the software.¬†By registering you are solely responsible for representing and warranting that all information you provide to us is truthful and accurate.¬†You also agree to keep the information you provide up to date.¬†You can 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 license to use and the personal, non-transferable rights (without the right to sublicense) to use the Software in its current Beta Version solely for your own business, personal and internal purposes until such time as you or we elect to terminate the Agreement in accordance with the terms of service set forth in section six (6).

2. Capacity. As an express condition of your use of our services, you represent and warrant that you are 18 years of age or older, or 16 years of age or older, provided that you have parental or guardian consent, or the age of majority applicable in your country and therefore legal capacity to operate. By creating a User Account and using our services and products, you acknowledge and warrant that the above requirements are met. For paid subscription Customers, by signing a purchase order for individualized, you represent and warrant that you have the legal capacity to enter into contracts under applicable law and that you are not on a list of persons prohibited from receiving services under U.S. government, Spanish government and European law or other applicable jurisdictions. You must not reside in Russia, Cuba, Iran, North Korea, Syria or any other country that is subject to a U.S. government, Spanish government or EU embargo.

3. User 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 user name or password, or any other suspected breach of security. Only the person to whom the user account belongs as specified in the information provided may make use of the Software 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 for failure to maintain the security of your user account and user credentials. Under this Agreement, you agree not to hold us liable for any costs, losses, damages or expenses arising from your failure to maintain the security of your user account and user credentials.

4. Authority. When you agree to be bound by these GTC (including registration, use of or access to any part of the Services and Products), you agree and understand that the terms of these GTC will apply to you and any other entity on whose behalf you are acting (your "Company") and you represent and warrant that you have the authority and capacity to bind your Company in this manner.

5. Configuration. Unless otherwise specified in a purchase order signed by both parties, you are solely responsible for the proper installation and configuration of your User Account and any Workspace you manage. This must be done in accordance with the documentation provided by us.

6. Workspace Resources The amount of Resources included in your Workspace can be seen in our pricing page available here . In addition, you can consult the home page of your Workspace within the platform to see your resource usage and the respective limitations of the Workspace. Please note that during the course of the beta version we may modify the amount of Workspace resources included without affecting ongoing paid subscriptions. To avoid losing any work resulting from an alteration of these, please note the resource limits, which we may update periodically, on your Workspace home page.

5. Billing and Subscription

1. Free Developer Workspace You will have access to a personal Workspace with certain features, functionalities and resource limits for free.

2. Paid Services. You as a user can choose to sign up for a paid Subscription, where you will have access to additional, different and exclusive content and functions. You may also choose to pay for additional Professional Services. The scope of the Professional Services, as well as the fees for the Paid Services, are determined in the individualized order forms. All applicable fees are expressed in Euros (EUR) and do not include VAT or any other applicable sales tax. In any event, you are responsible for any applicable taxes for each order.

3. Payment Methods. When you subscribe to a Paid Service, we or our Merchant of Record (hereinafter, MoR) will ask you to provide a Payment Method. Depending on your region, we may accept major credit cards, certain debit cards, third party payment processor accounts (e.g., Paypal) and/or other payment methods that we decide upon and make available to you. Certain Payment Methods (e.g., billed charges) may be available only to Enterprise Customers. You are solely responsible for keeping your preferred payment method up to date. If we are unable to collect any applicable fees because of this, we may pause, suspend or cancel your paid Subscription. In addition, Professional Services are delivered only after the applicable fee charges are processed.

4. Billing Authorization. By electing any of the Paid Services, you authorize us or our MoR, Revin US1 Corp and Digital Entities GmbH (hereinafter "Revin ") to automatically charge the applicable Fees plus applicable taxes and other fees resulting in accordance with the payment terms set forth in the separate Order Form signed by both parties. Revin's terms and conditions, as well as its privacy policy, are incorporated into the GTC. Non-acceptance of Revin's general terms and conditions and privacy policy will in any event limit access to the payment services, acceptance of which is a necessary requirement.



5. Automatic Renewal.¬†Your payment for recurring paid Services (e.g., Subscription) will automatically renew at the end of the Subscription Period, unless you cancel your recurring paid Service before the end of that period within the Platform or by emailing us at [email protected].

6. Refunds, upgrade and downgrade of subscription.¬†Payments made are non-refundable. You can make changes to your Subscription within the platform or by emailing us at [email protected].¬†Please note that downgrading your Subscription may cause loss of workspaces, features, capacity, work, depending on the downgrade for which we assume no responsibility.¬†You agree not to hold us responsible for any loss resulting from downgrading your Subscription.

7. Termination. Netzo reserves the right to pause, suspend or terminate your access to or use of the Software, or any part thereof, or to close your User Account and Workspace, at any time, in our sole discretion, without notice, including, without limitation, determining whether you have violated the GTC. This clause also applies to customer accounts with multi-user paid subscriptions.

8. Cancelation You may cancel your paid subscription at any time by visiting your Workspace billing settings in the software or by contacting us via email at [email protected].¬†Your cancellation will be effective on the first day immediately following the end of the Subscription Period.¬†You will continue to have access to the Paid Service until the end of your current billing cycle and then your Paid Service will automatically terminate.

9. Price Changes. We reserve the right to change our prices at any time without affecting active paid Subscriptions. If there is any change in price, we will notify you within one (1) month prior to the renewal of your Subscription or as stipulated in the mutually signed purchase order. It is solely your responsibility to inform us if you wish to cancel services prior to any upcoming renewal due to price changes.

6. Industrial and intellectual property

1. Restrictions. Nothing herein is intended to grant or shall grant any right under any patent, copyright, trademark, trade secret or other intellectual property right of either party, unless expressly specified, or any right in the proprietary information of the other party, except the limited right to review such proprietary information in connection with the proposed relationship between the parties. Notwithstanding the foregoing, the parties (in the case of Organizations) grant each other a royalty-free, worldwide, non-exclusive, cross-license in connection with the use of their principal mark for the sole purpose of informing third parties of the business relationship between them (Cross License). The Cross License shall be valid for an indefinite period of time; either Party shall have the right to terminate the Cross License upon three (3) months' notice.

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation referring both to the web site and to its contents and information, without the express and prior written consent of Netzo, is forbidden.

Consequently, all the contents shown on the website and especially designs, texts, graphics, logos, icons, buttons, software, commercial names, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are subject to the intellectual and industrial property rights of Netzo or of third parties owning them who have duly authorized their inclusion.

The contents, images, forms, opinions, indexes and other formal expressions that are part of the web site, as well as the software necessary for the operation and visualization of the same, also constitute a work in the sense of the Copyright and are, therefore, protected by the international conventions and national legislations in the matter of Intellectual Property that are applicable. Failure to comply with the above implies the commission of serious illegal acts and their sanction by civil and criminal legislation.

It is forbidden any act by which the Users of the services or contents may exploit or use commercially, directly or indirectly, in whole or in part, any of the contents, images, forms, indexes and other formal expressions that are part of this web page without prior written permission from Netzo. In particular, and without exhaustive character, the acts of reproduction, distribution, exhibition, transmission, retransmission, broadcasting in any form, storage in hardware or logical supports (for example, diskettes or hard disk of computers), digitalization or making available from data bases other than those belonging to those authorized by the responsible party are forbidden, as well as its translation, adaptation, arrangement or any other transformation of such opinions, images, forms, indexes and other formal expressions that are made available to the Users through the services or contents, as long as such acts are subject to the applicable legislation on intellectual, industrial or image protection property.

2. Beta Subscription Grant. These GTC set forth the terms and understanding between both parties, to provide a framework of limited, non-exclusive cooperation and understanding, granting you a license to use our services and software. We grant you a limited, simple, non-transferable (no right to sublicense), non-commercial right to use our services (with certain limitations) under its current Beta version in accordance with the GTC outlined in this instrument. The purpose of this license is to perform a set of tests within the software environment, with the intention of identifying bugs or obtaining feedback from the Beta Tester regarding the functionality, security and reliability of the services. We may modify the resources available for each license unless otherwise agreed in an individualized purchase order signed by both parties. We host and maintain physical control over our Beta Services and only make them available for you to access and use over the Internet, through a web browser or mobile device. Nothing in this Agreement obligates us to give you or make available to you copies of software or code for our services, whether in object or source code form. We reserve the right to revoke access to and use of our services at any time, unless otherwise stated in an individualized purchase order signed by both parties. In addition, we reserve the right to access the User Account as necessary to monitor, measure the use of our services, validate certain features and/or functionality of our services, and to provide necessary services or support. Nothing in these GTC obligates us to deliver to you or make available to you copies of software or code for our services, whether in object or source code form. We reserve the right to revoke access to and use of our services at any time, unless otherwise stated in a separate Order Form signed by both parties. In addition, we reserve the right to enter the User Account as necessary to monitor, measure the use of our services, validate certain features and/or functionalities of our services, and to provide necessary services or support.

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

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

  • contain your original ideas and you provide them to us without payment or conditions of any kind.
  • once your feedback comments have been transmitted to us, they become our property and confidential information.
  • we may or may not use it to improve subsequent versions of our Beta services.

7. Conditions of Acceptable Use 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 applicable laws in your jurisdiction. You represent and warrant that your use of the service complies with applicable laws.

2. Restrictions on Use. You agree that under no circumstances will you use our Services to upload, post, host or transmit any data(s), which:

  • is illegal or promotes unlawful activities under 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 towards any individual or group;
  • contains or installs active malware or exploits, or uses our platform for the delivery of exploits (as part of a command and control system);
  • infringes any proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity or other rights;
  • is deceptive, misleading or fraudulent, or falsely impersonates or misrepresents an affiliation with Netzo or any third party;
  • contain unsolicited messages or spam, or any request for personal information from any other user; and
  • is Prohibited Data or constitutes High Risk Activities;
  • any other that may cause harm or damage to others and/or is contrary to local custom and practice.

3. 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 creating a competitive product or service or for any other competitive purpose;
  • use the services only under these GTC or, if otherwise stated, those GTC contained in the purchase order signed by both parties;
  • not to sublicense, sell, encumber, transfer, reverse engineer, decompile, disassemble or copy by any means, by operation of law or otherwise, the services and licenses granted under these GTC;
  • 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 and hold us harmless from any claim, loss or damage arising from any litigation brought by a third party alleging use of the services by you in contravention of the terms of these GTC;
  • report any suspicious or irregular behavior that you may identify.
  • you are solely responsible for the personal data of natural persons contained in the third party application you integrate with Netzo
  • it is the Client's responsibility to handle the personal information of individuals, including its content and accuracy, in accordance with laws and regulations that may apply.¬†The Client represents and warrants that it has given all necessary notice and notice and has all necessary rights, consents and permissions to use its Third Party Data with the Services and to grant Netzo the rights to process the information, all without violating or infringing any Laws, third party rights (including intellectual property, publicity or privacy rights) or any privacy terms or policies that apply to the Client's Third Party Services.

8. Third-party services

1. Linked Third-Party Services. The Service contains template system integrations with third party applications and services (Marketplace elements of third party services). You agree that we provide integrations with such third party services solely for your convenience. We are in no way responsible for the content or availability of such third-party services Marketplace items, and we do not endorse such third-party services (or any products or other services associated therewith). Access to any third-party service Marketplace items 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 service by third parties. Your use of these Marketplace items will be subject to the terms applicable to each such third party service.

2. Third Party Tool Integrations. One or more services may integrate with third party services. You hereby agree to share the information in the Services with these third party services and certify that you have any and all necessary consents to do so.

9. Responsibility

1. Beta Disclaimer. Our services and products offered under these GTC are experimental and shall not create any obligation for us to continue to develop, update, manufacture, support, repair, offer for sale or otherwise continue to provide, update or develop the services for 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 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 us harmless and indemnify us, our affiliates and subsidiaries, officers, directors, agents and employees from and against any third party claims arising 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 law, rule or regulation in connection with the services offered under our Beta Release.

4. Force Majeure. Netzo shall not be liable for any damages to our services when our services are not functioning properly due to a force majeure event that cannot be controlled or foreseen.

5. Marketplace, Netzo makes available to you the direct publication of open source Marketplace items in the application repository hosted by our service provider GitHub. The data disclosed in the Marketplace may contain personal information (e.g. author) and other information that is not directly related to the Client. The Publisher is solely responsible for the content of the data and the consequences of its use, including violations of data privacy, copyright and other applicable laws.

10. Confidentiality and Data Protection

1. Confidentiality. Any information transferred by the Parties, by any means and during the term of this agreement, shall be treated as confidential ("Confidential Information"). Consequently, the Parties individually and expressly acknowledge that as a result of the execution of this contract they shall have access to and knowledge of the Confidential Information of the other Party and therefore, they shall treat it as if it were their own Confidential Information. The Parties recognize that the Confidential Information will be used exclusively in relation to this contract, without transferring the ownership of the same in favor of the other Party. You acknowledge that the ownership of the Confidential Information will not be transferred or disclosed in any way.

You also agree to scrupulously guard as business and trade secrets: technical and commercial information or data, including prices offered by Netzo access and reserved administrative matters, the disclosure of which may cause damage to Netzo. You therefore agree not to use the Confidential Information for your own benefit or for the benefit of third parties and in case of contract to be liable for any damages caused.

2. Data Processing Addendum (DPA), for the processing of personal data for users of an Organization, in this case the Customer, the parties shall enter into a separate data processing contract. In case of contradiction in data protection matters, its clauses prevail over the present GTC.

3. The Netzo Platform Privacy Policy, available here, discloses information on the processing of personal information of natural persons and is hereby incorporated into and forms part of the Service GTC set forth herein.

4. Data Security, in the event that either party 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 as soon as possible.

5. Standard Contractual Clauses, in cases where it is necessary to transfer data to third countries where data protection measures do not comply with those imposed by the European legislation (GDPR) Netzo shall establish the European Union Standard Contractual Clauses as described in the data processing contract concluded by the Parties.

6. Personal Data Information (PII). Each Party is required to maintain and make available on its respective websites and documentation a privacy notice that complies with applicable laws, rules and regulations, including seeking express authorization to collect, use and transfer personal data in compliance with the requirements of the GDPR to inform the data subjects of such personal data of their rights.

The Client acknowledges that personal data from third party Services integrated with Netzo may be used in our infrastructure (including our application programming interface (API), servers and service providers). The contract is made with full consent and Netzo will only collect and process personal information necessary to create, maintain and administer the users specified by the Client and in connection with these GTC and the updated privacy policy.

7. Contract Disclosure. Netzo may disclose the main terms of this agreement to potential funding sources, partners, strategic partners and advisors to the extent necessary for the fulfillment of the purposes of this agreement and with the consent of the user for the transfer of personal data to third parties or as necessary for the strict performance of the agreement.

11. Governing provisions of the GTCs

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

2. Liability. Each Party shall be responsible for meeting any claim or demand arising out of its actions or omissions, and those of its respective personnel, in connection with this Agreement. Since the Services and the Software are in a Beta phase, Netzo is not responsible for any failures or errors during the use of the Services. Furthermore, as 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 client, being exempt from liability, in any case.

3. Changes in the Terms. We reserve the right to adjust and make changes to the GTC set forth in this Agreement by notifying you in the event of such changes. By accepting these GTC, you understand and agree that if you use the Services offered in our beta version after the date these changes are made and become effective, we will treat your use as acceptance of the updated GTC. Your continued use of or access to the Software constitutes your acceptance of our revisions to this Agreement. If you do not wish to be bound by the revised GTCs, you must immediately stop using and accessing the Services and delete your User Account.

4. Section Titles. The section headings used herein are for convenience only and are not legally binding.

5. Severability, Non-Waiver and Survivability. If any part of this Agreement is held invalid or unenforceable, that part of the Agreement shall be construed to reflect the original intent of the parties. The remaining provisions shall remain in full force and effect. The failure of Netzo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default under these GTCs shall be deemed a waiver of any prior or subsequent right. You agree that the provisions of these GTCs which by their nature should survive termination shall survive any termination hereof.

6. Contact Information.¬†If you have any questions about this Agreement, or if you wish to contact us for any reason, please direct all communications to:¬†[email protected] or complete the contact form on the Website.

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