The SUBSCRIBER represents and warrants to NEOSENTEC that it has the capacity to enter into these legally binding Terms and Conditions.
DESCRIPTION OF THE SERVICES
NEOSENTEC owns and operates three perfectly differentiated and combined elements that are part of ONIRIX®:
- ONIRIX STUDIO, which is the web platform through which the SUBSCRIBER can manage content, create and publish experiences that allow its visualization, and monitor the traffic generated through the metrics panel(“Studio“);
- ONIRIX SDK, which is a cross-platform set of libraries and utilities for use by developers, enabling multiple interactions between supported devices and web browsers (“SDK’s”); and
- ONIRIX PLAYER, which allows the generation and visualization of ONIRIX® projects on compatible devices through pre-designed applications for Android or iOS operating system; as well as through web browsers by means of the Onirix webAR module (“Player“).
This Agreement applies to these three elements (collectively, the “Services”). The SDK and Player Services are managed from Studio once SUBSCRIBER signs up and creates an account on the Website.
The Services allow the User to create, store, reproduce, share or allow access to the augmented reality-based content generated from each of the included functionalities (the “AR Content“), as well as monitor or measure traffic in relation thereto.
NEOSENTEC reserves the right to replace, modify, expand or reduce the catalog of services and products offered through this Website.
ACCESS TO SERVICES
Only natural persons of legal age and with sufficient legal capacity to contract may register and use the Services through this Website. In the event that the SUBSCRIBER contracts the Services on behalf of a legal entity, he/she guarantees that he/she has the necessary powers of representation and authority to bind the legal entity to this Agreement.
NEOSENTEC reserves the right to deny access to the Services or immediately terminate the Agreement with a SUBSCRIBER if the SUBSCRIBER does not meet the age requirements or does not have sufficient legal capacity to contract or, if the SUBSCRIBER has previously breached this Agreement.
In order to use the Services, the SUBSCRIBER must have a permanent connection to the Internet. Therefore, the SUBSCRIBER has the overall responsibility to have the appropriate system and electronic devices that allow him/her to access the Services, as well as to obtain the infrastructure and sign all agreements with third parties to be able to use all the connections necessary to enjoy the Services.
The SUBSCRIBER must also take into account the limitations and compatibilities established for the different products before contracting them, which will be described in the following links, and which may be updated from time to time:
- App Limitations: https://docs.onirix.com/onirix-player#compatibility
- Web AR limitations for complete scenes: https://docs.onirix.com/onirix-player#compatibility
- Limitations web AR for 3D models: https://docs.onirix.com/onirix-player/webar/assets#compatibility
Login, access and use of the Services
Access to the Services will require the creation of an account on the Website (the “Account“). When creating the Account, the SUBSCRIBER must purchase one of the available payment products (the “Plan(s)”), unless there is a possibility to access and use the Services on a trial basis (see Section 2.3.).
NEOSENTEC will validate the contact details provided during registration by text message. If registration is not confirmed, access to the Services will not be possible and, after fifteen days from registration, NEOSENTEC reserves the right to cancel the Account.
Once the Account has been successfully generated and its registration process has been completed, such Account shall be active as long as SUBSCRIBER: (i) has an active Plan (or during the Trial Period if it is available); and (ii) complies with the obligations under this Agreement. If NEOSENTEC reasonably suspects, at any time, that the Account is being used to violate the Agreement, or is being used fraudulently, NEOSENTEC will act in accordance with Section 16.
NEOSENTEC may grant a time-limited free trial period automatically from the date of registration to evaluate the Services provided by NEOSENTEC (“Trial Period“). The use of the Services during this Trial Period is entirely free of charge and shall have no associated cost to the SUBSCRIBER. However, NEOSENTEC may include certain limitations on the use of the Services during this Trial Period (limited access to some products, watermarks or other). SUBSCRIBER shall purchase a paid Plan for unlimited access to the Services, in accordance with Section 5.
Failure to subscribe to a paid Plan at the end of the Trial Period will result in the loss of access to the Services.
NEOSENTEC may determine the eligibility of Subscribers or users to obtain a Trial Period, and withdraw or modify a Trial Period at any time without notice and without liability to NEOSENTEC, to the extent permitted by applicable law. If the SUBSCRIBER has previously had an active Plan, or has previously enjoyed the Trial Period, he/she will not be able to obtain a new version of the Trial Period.
ACCOUNT AND LOGIN CREDENTIALS
By entering his/her data, the SUBSCRIBER declares that all information provided is true, complete, accurate, and up to date; in case NEOSENTEC has doubts about the veracity of the information provided by the SUBSCRIBER, it may immediately suspend or close his/her Account, at NEOSENTEC’s sole discretion and without prior notice.
The SUBSCRIBER is responsible for confirming receipt of the notifications and for informing NEOSENTEC of any modification of his or her data, especially payment and billing data, NEOSENTEC being exonerated from any liability arising from this circumstance.
The SUBSCRIBER is responsible for keeping the Account access credentials (username and password) secure and confidential, without allowing third parties to use his/her Account; without obtaining economic benefits from the use of his/her Account or its disclosure to third parties. Likewise, the SUBSCRIBER shall communicate to NEOSENTEC through the contact email address, any incident related to the security of the Account and/or password. The SUBSCRIBER shall be responsible for any activity that occurs under its username and password.
The SUBSCRIBER shall keep his/her information and contact details up to date. All transactions made prior to the updating of personal data will be based on the information provided up to that time. NEOSENTEC shall not be liable for any loss, delay, expense or damage due to its lack of authenticity or updating.
This Agreement becomes effective on the date of registering and/or purchasing the Services (date of acceptance of this Agreement) and will continue until terminated by the SUBSCRIBER or by NEOSENTEC (see Section 13).
TERMS OF PAYMENT
The price and type of each available Plan will be indicated at the time of contracting. Generally, the available Plan types are based on a monthly fee (“Fee“), according to the applicable rates at any given time, which will be renewed for the same period if the SUBSCRIBER does not cancel the Plan (see Clause 13). The current Fees will be available at the following link: https://www.onirix.com/pricing/.
SUBSCRIBER may also adapt and customize its Plan by adding functionalities in the Services or extending existing limitations, which will affect the final Fee payable by SUBSCRIBER. NEOSENTEC will inform the SUBSCRIBER of the final Fee based on the customization in the Plan.
The price of the Fee payable by the SUBSCRIBER shall be indicated at the time of contracting, based on the current rate, applicable taxes and discounts, if any, applicable.
All payments related to the Services will be charged automatically within the first seven (7) calendar days of each billing period. Therefore, SUBSCRIBER hereby authorizes NEOSENTEC to charge SUBSCRIBER’s credit card, debit card or bank account for the contracted Plan Fees by automatic debit.
Payments will always be prior to the provision of the Service, so NEOSENTEC reserves the right not to provide the requested Services until having received the payment thereof, as well as the right to temporarily suspend or permanently cancel the Services in case of any incident in the collection of the same.
In the event of late payment, NEOSENTEC will charge interest for late payment from the due date to the date of payment at the legal rate of interest for late payment.
The Trial Period shall be free of charge. At the end of the Trial Period a Paid Plan must be purchased in order to access and use the Services (see Clause 13).
Any feature, cost or service not specified in the description as included is not included.
In the event of a special taxable event associated with the Services, expressly ordered by the SUBSCRIBER or resulting from exceeding any threshold previously determined in relation to its Plan, the SUBSCRIBER agrees to pay such financial amount, which will be specified in the next invoice issued by NEOSENTEC and charged with the next Fee. NEOSENTEC will notify SUBSCRIBER when it has reached the limits of its Plan.
Plans offered on this Web Site may be subject to taxes, which ARE NOT INCLUDED in the price, unless otherwise indicated.
Prior to the confirmation of the contracted Plan and before the payment of the first Installment, the final price of the selected Plan, including applicable taxes (if any), and other applicable expenses, will appear on the payment screen.
Methods of payment
NEOSENTEC may accept different payment methods, which will be indicated on the payment page. The SUBSCRIBER may choose the most convenient one (if there is more than one). The Website will direct the SUBSCRIBER to a secure platform for payment. In any case, the SUBSCRIBER will be informed of the steps to follow to complete any necessary payment.
NEOSENTEC will make available to the SUBSCRIBER payment platforms and/or tools provided by third parties.
In any case, NEOSENTEC has no knowledge of data relating to credit card data. All payment systems available to the SUBSCRIBER are totally secure.
Invoice will be issued within the first five (5) calendar days of the following billing month and will be notified by the electronic means previously identified in the SUBSCRIBER’s Account, or other means designated at NEOSENTEC’s reasonable discretion if the aforementioned means do not allow the effective receipt by the SUBSCRIBER. SUBSCRIBER will also have the invoices available in its Account: https://studio.onirix.com/user/invoices
Subject to SUBSCRIBER’s compliance with this Agreement (including registration of an Account and compliance with the Fair Use Policy available at. https://www.onirix.com/fair-use// ), NEOSENTEC grants SUBSCRIBER a non-exclusive, non-sublicensable, non-sublicensable, non-transferable, revocable, worldwide, limited license to access and use the Services through its Account to generate, store, display (reproduce) AR Content during the term of this Agreement. In the event that other limitations are set forth for any Plan, access to and use of the Services shall also be limited to such other limitations.
Updates and Upgrades
The License set forth in this section and its effects shall extend to any upgrades, modifications or replacements of the Services made available to SUBSCRIBER under this Agreement, unless NEOSENTEC adds to such circumstances an additional or specific license. In such event, SUBSCRIBER shall comply with such additional or specific license.
SUBSCRIBER shall only use the Services in accordance with this Agreement and any other use is prohibited unless expressly authorized in writing by NEOSENTEC. With respect to the Services, which include Studio, the Account, SDK and Player, their content, the computer codes of the elements that are part of the Services, SUBSCRIBER shall not do (including encouraging, facilitating or causing any other party to do) the following:
- Sublicense, sell, rent, lease, lend, lease or distribute the Services (or any part thereof) or any intellectual property rights therein, or make the Services (or any part thereof) available to any third party;
- Attempt to reverse engineer, decompile or disassemble the software that is part of the Services;
- Circumvent, modify, remove, delete, erase, alter or otherwise tamper with any technical restrictions on access to or availability of the Services any security, encryption or other technology or software that is part of the Services, in particular, those used to enforce Account restrictions where a contracted Payment Plan is not available;
- Display or use the Services to create, collect, transmit, store, use, communicate or process any:
- inappropriate material (e.g., that is abusive, harassing, obscene, vulgar, hateful, depicts potentially criminal conduct, contains explicit language, is nude, invades another person’s privacy, is defamatory or otherwise objectionable or illegal, or is related to racism, misogyny, terrorism, etc.);
- material that the SUBSCRIBER does not have the legal right to create, collect, transmit, store, use, communicate or process;
- material that violates any applicable law, or that infringes, violates or misappropriates the intellectual property rights or other rights of any third party;
- material containing computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data
- Engage in fraudulent, false, misleading or otherwise abusive activities, including unsolicited advertising and spamming;
- Access or use the Services for the purpose of creating a similar or competitive product or service;
- Not to make continuous unfounded, disproportionate or unreasonable queries or requests to the system supporting the Services (including but not limited to: the API, servers, SDK’s, etc.), if such requests cause unnecessary saturation, negligent or intentional misuse with respect to the SUBSCRIBER’s Plan and its usual recorded activity or what is reasonably expected of a normal SUBSCRIBER.
- Perform any vulnerability, penetration or similar testing of the Services;
- Impersonate other subscribers using their registration keys or create fake accounts to access the different Services and/or contents of the Website;
- Use the Services in any manner that could interfere with, hinder, adversely affect, or prevent other subscribers from fully enjoying the Services, or that could damage, disable, overburden, or impair the operation of the Services;
If NEOSENTEC detects by any means provided by law that SUBSCRIBER is not in compliance with the foregoing restrictions, NEOSENTEC may take all appropriate action necessary to prevent such violation in connection with the Services as set forth in Section 16, as well as to redirect any conduct of SUBSCRIBER in accordance with applicable law.
SUBSCRIBER is solely responsible for all AR Content created, reproduced or shared through the Services, warranting, in this regard, that (i) SUBSCRIBER is the owner of the AR Content or has all authorizations and permissions due from third parties with respect to such AR Content; (ii) the AR Content complies with the restrictions set forth in Section 6.3.; and (iii) NEOSENTEC’s use of the AR Content as provided in this Agreement does not infringe applicable law, intellectual property rights or other rights of third parties.
NEOSENTEC reserves the right to(but is not obligated to) review AR Content at any time to ensure that SUBSCRIBER is in compliance with this Agreement. NEOSENTEC reserves the right to remove or disable any AR Content for any or no reason that, in NEOSENTEC’s sole discretion, violates the provisions of this Agreement or jeopardizes the integrity or security of the Services.
In connection with such AR Content, SUBSCRIBER grants NEOSENTEC a free, non-exclusive, non-transferable, non-sublicensable, worldwide license to use, reproduce, make available (e.g., display), modify, create derivative works of any of the AR Content, solely to the extent necessary to provide the Services and to perform any necessary operations focused on the implementation of security measures in Studio. SUBSCRIBER shall retain title to all rights, including intellectual property rights in the AR Content, unless SUBSCRIBER fails to comply with ordinary or extraordinary payment obligations, in connection with this Agreement.
In addition, if AR Content is stored in “public mode” available on the Services, SUBSCRIBER acknowledges that the AR Content will be publicly accessible by all other NEOSENTEC users and, in addition, may appear, be linked to, included or embedded in advertising material promoting Studio or the Services, at NEOSENTEC’s sole discretion, without any rights or compensation to SUBSCRIBER.
If SUBSCRIBER provides comments, ideas or suggestions to NEOSENTEC regarding the Services (“Feedback“), SUBSCRIBER acknowledges that such Feedback is non-confidential and authorizes NEOSENTEC to use such Feedback without restriction and without compensation.
CONTENT REVIEW AND REMOVAL PROCESS
If you believe that any content posted on the Website violates the law or the provisions of Clause 6 of these Terms and Conditions, please contact us at firstname.lastname@example.org with the relevant information and details of the material in question.
NEOSENTEC may take up to 48 business hours to review AR Content subject to a claim.
NEOSENTEC reserves the right to:
- Remove or disable access to the allegedly infringing content;
- Notify the creator of the content accused of infringement that access to the content in question has been removed or disabled; and
- Terminate such Subscriber’s access to the Services if such Subscriber is a repeat offender.
If the author of the allegedly infringing content considers that he/she has the right to publish and use such content in accordance with the law, he/she may send us a communication with the allegations he/she considers.
NEOSENTEC owns all intellectual or industrial property rights, or has sufficient authorization, on the Website, the Services and all its contents, including, but not limited to, Studio, the SDK and Player, all software, content (except AR Content whose regulation is found in Clause 6.5.) and material included as part of the Services, trademarks, source and object code, designs, interfaces, texts, images, videos or any other material, as well as the architecture, presentation, layout and classification of the contents of the Website.
When the SUBSCRIBER uses the Services, NEOSENTEC does not grant the SUBSCRIBER any right to exploit all or part of the Services, except for the rights granted in these Terms and Conditions, and NEOSENTEC reserves all such rights. The SUBSCRIBER may only view and use the Services contracted in accordance with this Agreement and even print, copy and store them on his/her device or any other physical medium provided that it is exclusively for his/her personal use.
TECHNICAL SUPPORT; SERVICE LEVELS
Technical Support. NEOSENTEC will provide SUBSCRIBER with technical support for the Services:
- through the e-mail email@example.com, or through our Onirix Studio ticketing system, which will be attended from Monday to Friday from 9:00 am to 5:00 pm (Spanish time); and
- through the NEOSENTEC knowledge base and documentation available online at https://docs.onirix.com/ .
NEOSENTEC will apply the Service Levels set forth at: https://www.onirix.com/service-level-agreement/.
REPRESENTATIONS AND WARRANTIES
The use of NEOSENTEC’s Services is at the sole risk of the SUBSCRIBER. SUBSCRIBER shall be solely responsible for its decisions and use of the information provided as part of the Services. NEOSENTEC does not guarantee specific results to SUBSCRIBER from the use of the Services.
NEOSENTEC does not guarantee that the availability of the Services will be continuous and uninterrupted, as the Services may suffer difficulties due to circumstances caused by problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. The SUBSCRIBER agrees to bear within reasonable limits such circumstances, and therefore expressly disclaims to NEOSENTEC any contractual or extra-contractual liability for possible failures, errors and use of the contracted Service.
The Services and their content are provided “as is” and “as available”, without express or implied warranty or condition of any kind. NEOSENTEC makes no representations or warranties about the suitability, reliability, availability, timeliness, security, freedom from error or accuracy of the Services or their content. In addition, to the fullest extent permitted by law, no warranties (express or implied), including warranties of merchantability, fitness for a particular purpose, title or non-infringement, are made.
LIMITATION OF LIABILITY
SUBSCRIBER acknowledges and agrees that NEOSENTEC is not responsible for AR Content that SUBSCRIBER and other subscribers may upload, post, exchange or otherwise make available through the Services.
SUBSCRIBER agrees to exclude NEOSENTEC from any liability arising out of or as a consequence of:
- SUBSCRIBER’s use of the contracted Service, and/or
- any breach or violation of the terms and conditions of this Agreement by SUBSCRIBER, even after termination of this Agreement.
Maximum Liability. To the extent permitted by law, the aggregate liability of NEOSENTEC, its partners and its personnel for any damage, injury or claim arising out of the Services exceeds the total amount of payments made by SUBSCRIBER to NEOSENTEC under this Agreement during the twelve (12) month period immediately preceding the event giving rise to such liability.
Indirect Damages. NEOSENTEC shall not be liable (except as otherwise provided by law) to SUBSCRIBER for any damages, compensation or indemnification based on indirect damages (including, without limitation, loss of use, loss or inaccuracy of data, loss of profits, failure of security mechanisms, business interruption, delay costs) or any indirect, special, incidental or consequential damages of any kind, even if advised in advance of the possibility of such damages.
Force Majeure. Neither party shall be liable to the other for failure to perform its obligations under the Agreement to the extent that such failure or delay is the result of a cause or circumstance beyond the reasonable control of the affected party that could not have been avoided or overcome by acting reasonably and prudently (such as, but not limited to, fires, floods, strikes, labor disputes or other industrial unrest, war – declared or otherwise, blockades, legal restrictions, riots, insurrections, government regulations and the unavailability of transportation facilities). The affected party shall: a) immediately notify the other Party and provide full information about the Force Majeure; b) use its best efforts to overcome the Force Majeure; and c) continue to perform its obligations to the extent possible.
CANCELLATION AND TERMINATION OF SERVICES.
Cancellation by the SUBSCRIBER
The SUBSCRIBER may cancel his or her Plan at any time from his/her Account . However, any cancellation of the Plan will be taken into account for the current period provided that it is made at any time prior to the collection of the Fee.
If the cancellation is made after the indicated deadline, the cancellation will still be effective, but for the next period. This means that it will only be renewed once more, so for the next period the Plan will be active, but will not be renewed again.
For example, if a Monthly Plan renews on Januaryst 1 at 13:00 and is cancelled by the SUBSCRIBER on the same day (any time after 13:00 on January 1 st), the cancellation will be effective in February, i.e., the January fee will be charged, but not the February fee, and the SUBSCRIBER will be able to use the paid Subscription Services until February 1 st at 12:59.
In the event of cancellation of the Plan, the SUBSCRIBER will continue to have access to the Services until the end of the current billing period. Once this period has ended, the Account will be permanently deactivated and all data (including AR Content generated) will be deleted after the end of the retention periods indicated in Section 13.3. or those applicable legal retention periods. In no event will the unused portion of the current billing period be refunded.
Cancellation during the Trial Period
SUBSCRIBER may request cancellation at any time during the Trial Period from his/her account. To continue using the Services at the end of the Trial Period, the SUBSCRIBER must subscribe to a payment Plan.
The Account information will be stored for the term indicated in Section 13.3, whereby AR Content generated by SUBSCRIBER during its Trial Period may be retrieved if it purchases a Payment Plan during the period indicated.
SUBSCRIBER may recover the cancelled Account during sixty (60) calendar days from the day following the day on which the cancellation became effective. To do so, the SUBSCRIBER must send an email to the following address: firstname.lastname@example.org and include in the subject field of the email identifying such request: “Effective recovery of the study account”.
To complete the reactivation process, the SUBSCRIBER must have fulfilled each and every one of the obligations arising from the subscription of the Services and, therefore, also from this Agreement.
If the term is exceeded without the SUBSCRIBER having requested the reactivation of the Account, the Account will be cancelled.
RIGHT OF WITHDRAWAL AND REFUND POLICY
The right of withdrawal is the right of any consumer to withdraw from a contract within 14 calendar days from receipt of the products purchased or, in the case of services, from the contracting, without having to justify their decision or bear any penalty for it.
The SUBSCRIBER shall have the right to withdraw from this Agreement within 14 calendar days from the moment of registering or contracting the Services. However, such withdrawal shall not apply in the event that the Service has been fully executed, when execution has begun, with the prior express consent of the SUBSCRIBER and with the acknowledgement that, once the Agreement has been fully executed, the SUBSCRIBER will have lost his right of withdrawal.
In the case of the Services, the SUBSCRIBER expressly agrees that this Agreement shall begin to be executed as soon as the Agreement is accepted by the SUBSCRIBER (creation of an Account and/or contracting of a Plan), i.e.during the withdrawal period, and therefore acknowledges that, when the Agreement has been fully executed, the SUBSCRIBER shall have lost his/her right of withdrawal.
Notwithstanding the foregoing, the SUBSCRIBER may not withdraw from the contracting of the Services when he/she does not have the status of consumer in accordance with the provisions of the applicable regulations.
The exercise of the right of withdrawal is not subject to any formality, so it is sufficient for the Subscriber to communicate to NEOSENTEC his will within the period indicated above to our postal address (Edificio CEEI, Parque Tecnológico de Asturias, 33248 Llanera, Asturias) or electronic (email@example.com). The SUBSCRIBER may (but is not obliged to) also use the withdrawal form below:
To the attention of NEOSENTEC,
I hereby give notice that I withdraw from the Agreement in connection with the following Services:
Hired on / reference:
Consequences of withdrawal
If the SUBSCRIBER exercises its right of withdrawal from this Agreement, NEOSENTEC shall refund, if applicable, all payments received from the SUBSCRIBER, without undue delay and, in any event, no later than 14 calendar days from the time of receipt of the effective communication of the withdrawal. Notwithstanding the foregoing, in the event that the provision of the Services has begun during the withdrawal period, NEOSENTEC shall subtract from the reimbursement an amount proportional to the part of the Services already provided by NEOSENTEC up to the notice of withdrawal in relation to the total object of the Agreement.
Such refund shall be made using the same means of payment that the SUBSCRIBER used for the initial transaction, unless otherwise expressly agreed; in any event, the SUBSCRIBER shall not incur any cost as a result of such refund.
MODIFICATIONS TO THIS AGREEMENT
NEOSENTEC reserves the right to modify, at any time and without prior notice, the present General Conditions.
NEOSENTEC will always offer the SUBSCRIBER the possibility of withdrawing from the Services thirty (30) calendar days prior to the effective date of the modifications to these Terms and Conditions.
In any event, continued use of the NEOSENTEC Services shall constitute acceptance of the modifications to the Agreement. If SUBSCRIBER chooses not to accept the modification, SUBSCRIBER shall cancel its subscription in accordance with Section 13.
BREACH OF THESE TERMS AND CONDITIONS
NEOSENTEC reserves the right to deny, withdraw/block access to the Services without prior notice, at its own request or at the request of a third party, to those SUBSCRIBERS who do not comply with this Agreement. NEOSENTEC will prosecute the breach of the Agreement, as well as any misuse of the Services, reserving the right to use, by way of example and not limited to, the following ways, without prejudice to exercise all civil and criminal actions that correspond to it:
- Immediate interruption of the provision of the Services.
- Automatic locking/unlocking of the SUBSCRIBER’S Account.
- Systematic blocking of any data transfer between active projects in Studio.
- Denial of access to SUBSCRIBER’s AR Content.
- Additional measures that may be appropriate to avoid repeated non-compliance with these General Conditions.
If NEOSENTEC becomes aware of any breach of this Agreement, NEOSENTEC will conduct a case-by-case investigation process to clarify any issues raised. SUBSCRIBER agrees to hold NEOSENTEC harmless against any possible claim, fine, penalty or sanction that NEOSENTEC may be forced to bear as a result of SUBSCRIBER’s breach of any of the rules or restrictions stated in the Agreement, with NEOSENTEC reserving the right to seek damages.
In the event that the SUBSCRIBER’s Account is blocked or suspended in any way, the SUBSCRIBER will not be able to access the AR Content generated, or any other items, and no third party will be entitled to access the information stored and linked to the SUBSCRIBER’s Account until (or if) such incident is resolved, upon written confirmation from NEOSENTEC.
If any clause of these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the Agreement shall subsist in all other respects, and such provision or the part thereof that is affected shall be deemed not to have been made.
All communications between the Parties shall be made through the Account forming part of the Services or, if applicable, by e-mail to the contact addresses indicated by the Parties or by any means of which there is evidence of receipt to the persons and addresses indicated.
The headings of the various clauses are for information purposes only and shall not affect, qualify or expand the interpretation of this Agreement.
NEOSENTEC’s failure to require SUBSCRIBER to comply with a term of this Agreement that it has contravened shall not constitute a waiver in the future of the application of such clause, compliance with which may be required at any time.
These Terms and Conditions contain the complete, full and exclusive binding relationship between the SUBSCRIBER and NEOSENTEC (regardless of the specific content of any other terms and conditions) and NEOSENTEC (regardless of the specific content of any other terms and conditions set forth in these Terms and Conditions). These Terms and Conditions supersede all prior agreements between SUBSCRIBER and NEOSENTEC, if any, relating to the Services.
The SUBSCRIBER acknowledges having read, understood and accepted these Terms and Conditions, and therefore affirms that they are sufficient to exclude error in the consent to this Agreement and, therefore, fully and expressly accepts them.
Any and all Clauses of this Agreement which by their nature are required to survive the termination of the contractual relationship between the SUBSCRIBER and NEOSENTEC shall survive the termination of such relationship for any purpose whatsoever, unless it would disproportionately prejudice the interests of NEOSENTEC.
NEOSENTEC may assign, transfer or dispose of, in its sole discretion, any rights or obligations under this Agreement, in whole or in part, to the extent that the foregoing does not prejudice any prior commitments made to SUBSCRIBER, at any time without SUBSCRIBER’s prior written consent.
SUBSCRIBER may not assign or transfer its subscription to any other person or entity without the prior written consent of NEOSENTEC.
LANGUAGE VERSION; APPLICABLE LAW AND JURISDICTION
This Agreement may be made available to SUBSCRIBER in several languages. However, in case of doubt or contradiction between the different versions, the English version published on the Website shall always prevail.
These Terms and Conditions and their execution are subject to Spanish law, unless otherwise provided by law.
In the event of any dispute arising as to the interpretation or application of these contractual terms and conditions, the parties shall negotiate in good faith in an attempt to resolve such dispute or claim. However, in the event that the discrepancy or claim is not resolved, the Parties shall submit to the courts or tribunals of the Subscriber’s domicile, in the event that the Subscriber is acting as a consumer. However, only in cases where the regulations do not provide for a mandatory jurisdiction (i.e. in the event that the Subscriber is not considered a consumer), NEOSENTEC and the Subscriber submit the decision of the matter to the Courts and Tribunals of the city of Oviedo (Asturias).
The European Commission also offers a platform for alternative dispute resolution, which can be accessed by any consumer at the following link:
In case of doubts, queries or to make any claim, the SUBSCRIBER may contact NEOSENTEC at any time through the following channels:
CEEI Building, Parque Tecnológico de Asturias, 33248 Llanera, Asturias (Spain)