USE LICENSE AGREEMENT
This License Agreement (hereinafter, the "Agreement") constitutes the complete contract between the user (hereinafter, also referred to as the client or the licensee) and Deepupsell sl, with fiscal address at Carretera Madrid km 385, 30500 Molina de Segura - Murcia, and nif B09828880 (hereinafter, DEEPUPSELL or the licensor) and supersedes any previous contractual relationship between DEEPUPSELL and the licensee with respect to this product.
Likewise, and provided that the applicable laws do not prohibit it, the provisions of this Agreement supersede all communication or publicity about the program or documentation delivered or made available to you, to the extent that the latter oppose any of the terms and conditions of this Agreement or were prior to it.
Acceptance of the terms of this Agreement does not grant the user any rights not specified in this license over the aforementioned programs and / or products of DEEPUPSELL or of the Software Providers, as the case may be.
DEFINITIONS
ASP: Application Service Provider, provides the ability to use a Web application through services that are made available to the client through the Internet.
Web application: Any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or a task or to obtain a specific result, whatever its form of expression and fixation. The interface is a Web browser and the execution occurs in the Application Services provider.
Customer data / Database: Collection of data arranged in a systematic or methodical way and individually accessible only by the customer through the Web application.
User or client: Person who has the right to use the program because they are authorized to do so exclusively through the Internet, using a Web browser.
1.- GRANT OF LICENSE.-
DEEPUPSELL is the owner of the exploitation rights of the computer program currently called DEEPUPSELL , "the Program" (hereinafter PORTAL), and grants the client a non-exclusive and non-transferable right to access and use the aforementioned Program for the sole purpose of using the applications described in the information included therein.
Access to the software will occur through the activation by DEEPUPSELL of an executable computer application through a unitary customer code, a username and password.
The number of uses of the Program will be limited to one code for each user with administrator level, as described in the fourth clause of this Agreement , and as many users with standard level as the administrator user himself registers .
Acceptance of the terms of this Agreement will be necessary for the activation of the user's passwords, which will allow the user to use the software through the aforementioned Web Application .
2.- TECHNICAL SPECIFICATIONS OF THE COMPUTER EQUIPMENT COMPATIBLE WITH THE PROGRAM.
The PORTAL program is conceived and prepared to work on a computer system that meets the basic specifications available on any computer equipment, which are reduced to a standard web browser and internet connection.
The transferor is not responsible for the malfunction of the program in the event that the required configuration is partially or totally changed without having previously advised.
3.- DESCRIPTION OF THE SERVICES
The license to use the Program described in the first clause will include a series of services that DEEPUPSELL will provide to the user, as established below:
a) Access through the Internet to the applications and contracted users, using a Web browser according to the specifications contained in the requirements documents, in a non-exclusive and non-transferable way, by using an access code, for each one of users, keys that will be created by the administrator user .
b) Modification of the modules necessary to adapt the Web application to the legal requirements of the regulations in force in the Spanish state.
c) Access to the Technical Support service, always within working hours.
d) DEEPUPSELL will carry out a backup procedure for customer data. A space is provided on our servers to store the data necessary for the proper functioning of the application. At any time the user can request removes tion such data being thereafter no practical use application.
e) The client will receive, for informational purposes only, the text of the legislative developments related to the contracted program and a brief summary of their content, using email exclusively as a communication channel. DEEPUPSELL is not responsible for the information provided, as the only texts that have legal validity are those published in the Official Gazettes and Newspapers.
f) Access to the following services and content located in the DEEPUPSELL Web application :
- Registration and configuration of hotels, users and mapping of master data;
- Application to identify potential upselling buyers ;
- Reporting module for the analysis of the results obtained;
- Access to technical support;
It will NOT be included in this contract:
a) The adaptation of the Web application to the special circumstances of the Client or to the new needs arising from use.
b) The incorporation of the necessary elements to adapt to technological evolution in the user's computer: latest versions of operating systems, Internet browser, hardware requirements, Internet connection, etc.
c) The support services necessary for the connection to the service of both hardware (hardware configuration) and communications (Internet access line, firewalls, proxies, etc.).
d) The travel expenses of the technicians, if agreed as a result of the provision of the service.
e) The tasks necessary to restore the previous situation derived from incorrect operations by the Client or third parties that cause loss of information, destruction or disorganization of files, restoration of backup copies, sending of copies of information, etc.
f) The correction of anomalies attributable exclusively to the computer used, to deficiencies in the environmental working conditions, as well as to breakdowns in the main alternating current network or variations of the same or of the communications provider and that, therefore, do not have no causal relationship with the program.
g) The tasks necessary to perform and / or restore backups according to security policies different from those provided by DEEPUPSELL .
h) The costs derived from the development or maintenance, by the PMS, for the supply of data to DEEPUPSELL .
4.- CONDITIONS OF ACCESS TO THE SERVICES
The client will receive a code and access codes for the contracted administrator user to be able to use the application exclusively through the Internet.
The administrator user will be able to register new users for the shared use of the application, but in this case with standard permissions, which will enable them for the daily use of the application, but not for the modification of payment procedures, registration and cancellation of hotels, etc.
The administrator user may , through the Web application, process all the data provided in accordance with the previous clauses and the Service Guide, being able to carry out all the calculations and processes related to this Agreement.
5.- DURATION
This Agreement will be valid for 1 month from the moment of acceptance mentioned in the first clause thereof, automatically extendable in similar periods, if there is no express communication by either party to the contrary.
6.- PAYMENT METHOD
The price of the use of the application corresponds to the one advertised at all times on our website , for monthly licenses counting from the moment the user is registered in the application.
Payment is made through Stripe , by credit card and monthly subscription format.
The number of licenses is managed by the client from the web application itself, being able to modify, add or delete active licenses associated with each of the establishments that it has registered.
Other accessory services provided b
USE LICENSE AGREEMENT
This License Agreement (hereinafter, the "Agreement") constitutes the complete contract between the user (hereinafter, also referred to as the client or the licensee) and Gestión de Datos y Robotización slu, with fiscal address at C / Verderol, 38, 07181 Son Ferrer, and nif B16627986 (hereinafter, DEEPUPSELL or the licensor) and supersedes any previous contractual relationship between DEEPUPSELL and the licensee with respect to this product.
Likewise, and provided that the applicable laws do not prohibit it, the provisions of this Agreement supersede all communication or publicity about the program or documentation delivered or made available to you, to the extent that the latter oppose any of the terms and conditions of this Agreement or were prior to it.
Acceptance of the terms of this Agreement does not grant the user any rights not specified in this license over the aforementioned programs and / or products of DEEPUPSELL or of the Software Providers, as the case may be.
DEFINITIONS
ASP: Application Service Provider, provides the ability to use a Web application through services that are made available to the client through the Internet.
Web application: Any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or a task or to obtain a specific result, whatever its form of expression and fixation. The interface is a Web browser and the execution occurs in the Application Services provider.
Customer data / Database: Collection of data arranged in a systematic or methodical way and individually accessible only by the customer through the Web application.
User or client: Person who has the right to use the program because they are authorized to do so exclusively through the Internet, using a Web browser.
1.- GRANT OF LICENSE.-
DEEPUPSELL is the owner of the exploitation rights of the computer program currently called DEEPUPSELL , "the Program" (hereinafter PORTAL), and grants the client a non-exclusive and non-transferable right to access and use the aforementioned Program for the sole purpose of using the applications described in the information included therein.
Access to the software will occur through the activation by DEEPUPSELL of an executable computer application through a unitary customer code, a username and password.
The number of uses of the Program will be limited to one code for each user with administrator level, as described in the fourth clause of this Agreement , and as many users with standard level as the administrator user himself registers .
Acceptance of the terms of this Agreement will be necessary for the activation of the user's passwords, which will allow the user to use the software through the aforementioned Web Application .
2.- TECHNICAL SPECIFICATIONS OF THE COMPUTER EQUIPMENT COMPATIBLE WITH THE PROGRAM.
The PORTAL program is conceived and prepared to work on a computer system that meets the basic specifications available on any computer equipment, which are reduced to a standard web browser and internet connection.
The transferor is not responsible for the malfunction of the program in the event that the required configuration is partially or totally changed without having been previously advised.
3.- DESCRIPTION OF THE SERVICES
The license to use the Program described in the first clause will include a series of services that DEEPUPSELL will provide to the user, as established below:
a) Access through the Internet to the applications and contracted users, using a Web browser according to the specifications contained in the requirements documents, in a non-exclusive and non-transferable way, by using an access code, for each one of users, keys that will be created by the administrator user .
b) Modification of the modules necessary to adapt the Web application to the legal requirements of the regulations enforced in the Spanish state.
c) Access to the Technical Support service, always within working hours.
d) DEEPUPSELL will carry out a backup procedure for customer data. A space is provided on our servers to store the data necessary for proper functionality of the application.
e) The client will receive, for informational purposes only, the text of the legislative developments related to the contracted program and a brief summary of their content, using email exclusively as a communication channel. DEEPUPSELL is not responsible for the information provided, as the only texts that have legal validity are those published in the Official Gazettes and Newspapers.
f) Access to the following services and content located in the DEEPUPSELL Web application :
- Registration and configuration of hotels, users and mapping of master data;
- Application to identify potential upselling buyers ;
- Reporting module for the analysis of the results obtained;
- Access to technical support;
What will NOT be included in this contract:
a) The adaptation of the Web application to the special circumstances of the Client or to the new needs arising from use.
b) The incorporation of the necessary elements to adapt to technological evolution in the user's computer: latest versions of operating systems, Internet browser, hardware requirements, Internet connection, etc.
c) The support services necessary for the connection to the service of both hardware (hardware configuration) and communications (Internet access line, firewalls, proxies, etc.).
d) The travel expenses of the technicians, if agreed as a result of the provision of the service.
e) The tasks necessary to restore the previous situation derived from incorrect operations by the Client or third parties that cause loss of information, destruction or disorganization of files, restoration of backup copies, sending of copies of information, etc.
f) The correction of anomalies attributable exclusively to the computer used, to deficiencies in the environmental working conditions, as well as to breakdowns in the main alternating current network or variations of the same or of the communications provider and that, therefore, do not have a causal relationship with the program.
g) The tasks necessary to perform and / or restore backups according to security policies different from those provided by DEEPUPSELL .
h) The costs derived from the development or maintenance, by the PMS, for the supply of data to DEEPUPSELL .
4.- CONDITIONS OF ACCESS TO THE SERVICES
The client will receive a code and access codes for the contracted administrator user to be able to use the application exclusively through the Internet.
The administrator user will be able to register new users for the shared use of the application, but in this case with standard permissions, which will enable them for the daily use of the application, but not for the modification of payment procedures, registration and cancellation of hotels, etc.
The administrator user may , through the Web application, process all the data provided in accordance with the previous clauses and the Service Guide, being able to carry out all the calculations and processes related to this Agreement.
5.- DURATION
This Agreement will be valid for 1 month from the moment of acceptance mentioned in the first clause thereof, automatically extendable in similar periods, if there is no express communication by either party to the contrary.
6.- PAYMENT METHOD
The price of the use of the application corresponds to the one advertised at all times on our website , for monthly licenses counting from the moment the user is registered in the application.
Payment is made through Stripe , by credit card and monthly subscription format.
The number of licenses is managed by the client from the web application itself, being able to modify, add or delete active licenses associated with each of the establishments that it has registered.
Other accessory services provided by DEEPUPSELL such as training, consulting, support and the like are not included in this agreement.
7.- INTELLECTUAL PROPERTY.-
The Program, as well as all its documentation and / or information related to it, is the exclusive property of DEEPUPSELL .
DEEPUPSELL corresponds to all intellectual property and copyright rights over the Program, the documentation, as well as any other work, program and / or product that will be delivered by DEEPUPSELL to the user in compliance with this Agreement.
The client may not reverse engineer, decompile, or disassemble all or part of the Program, and any form of access to its source code is strictly prohibited.
Likewise, the client will refrain from deleting, modifying or altering in any other way the mentions of reservation of rights in favor of the licensor, as well as, among others, the name, logo or brand that identifies the latter entity in all documentation that is provided on any medium in the context of this Agreement.
The client must notify DEEPUPSELL of any possible infringement of the licensor's rights as soon as he becomes aware of it, with DEEPUPSELL being the sole beneficiary of the possible compensation that may be awarded under any procedure.
The client may not create telematic "links" with the services described in this Agreement, nor adapt or duplicate any content of the Program on any other server or wireless device; Nor will you be able to access the product or services that are the object of this contract in order to create a competitive product or service, or create a product using ideas, characteristics, functions or graphics similar to those of the services provided therein.
8.- FEES FOR DATA STORAGE VOLUME.-
The maximum storage space for backup copies provided to the customer at no additional cost is 100 Megabytes per hotel.
If the amount of storage for said backup copies exceeds this limit, the customer must pay the current storage fee at that time on the DEEPUPSELL website .
DEEPUPSELL reserves the right to periodically modify and / or update the general limits related to the storage of customer data.
DEEPUPSELL will notify the Client when the storage volume used per license reaches approximately 90% of the aforementioned maximum space.
9.- MODIFICATIONS IN PRODUCTS AND CONTRACTUAL TERMS.-
The customer may not reproduce, transform, modify, adapt or make versions of the Program in whole or in part, including the software, services and / or any documentation or material that accompanies the product, such as the Service Guide.
DEEPUPSELL reserves the right to modify at any time the terms and conditions or the policies related to the services provided in this Agreement; These modifications will come into force, in the legally foreseen terms, once the updated version of the contract is published on the server.
The Client is responsible for periodically reviewing the content of this contract, as well as the news section of the WEB PORTAL in order to know the latest news of the service.
10.- GUARANTEES AND OBLIGATIONS.-
DEEPUPSELL guarantees the client that it has the best technical means, a solid infrastructure sufficiently proven and the necessary resources for the provision of the services that are the object of the Contract; However, in the event of technical incidents that could affect the provision of the service, they will be resolved as soon as possible and using all the necessary means available to them.
DEEPUPSELL also declares that the Program that is the subject of this license is the result of highly qualified work that, however, may be subjected to random circumstances, including hardware and other programs installed on the same computer where the Program is used, as well as to calculation errors or other errors that cannot be detected under normal simulation conditions.
DEEPUPSELL guarantees the free correction, for customers who have signed this service contract, of all those demonstrable errors that, reliably, are communicated to it; the corrections will be automatically incorporated and, therefore, made available to customers in the Web Application.
Additionally, they will be listed in the news section of the DEEPUPSELL portal . It is, therefore, the user's obligation to periodically visit DEEPUPSELL's website in order to check the publication by DEEPUPSELL of new versions of its products or corrections aimed at correcting detected and corrected errors.
The guarantees established in this Agreement do not cover material lost, stolen, accidentally damaged, used improperly, modified without authorization or that is defective due to causes caused by third parties outside of DEEPUPSELL .
The customer is responsible for the use of the program and the people (employees, partners or others linked in some way) who use the software.
DEEPUPSELL applications will be designed in such a way that they work with the latest technological requirements for hardware, software and communications, which are mostly accepted by the market as standards, so the licensee must keep its installation adapted to the technological evolution of computer systems: new versions of operating systems, hardware requirements, update of third-party software applications related to the operation of DEEPUPSELL applications, Internet bandwidth, etc.
The licensee will also be responsible for the maintenance of the electrical installation for supplying the equipment.
The client will be responsible for all activities carried out with their user accounts and with their use.
For this reason, the client will be solely responsible for the accuracy, quality, integrity, legality and reliability of their data, as well as the intellectual property or the right to use them and DEEPUPSELL will not be in any way responsible for the elimination, correction, destruction, damage or loss of customer data or that such data has not been saved.
11.- LIMITATIONS ON WARRANTIES AND LIABILITY
DEEPUPSELL's liability for damages attributable directly to the licensed Program will be limited to the price of the contracted service. In no event shall DEEPUPSELL be liable for damages in excess of this amount, even if the licensee has informed DEEPUPSELL of the possibility of such damages.
The licensee knows and accepts that the provision of the services object of this Contract is subject to specifications, characteristics and technical conditions that DEEPUPSELL has contracted with third parties.
Consequently, the Client acknowledges that DEEPUPSELL will not be responsible for failures or damages of any nature caused by the aforementioned third parties and, in any case, its financial responsibility will never be greater than that established in the previous paragraph.
DEEPUPSELL is not responsible in any way, with any person or entity, for any damage allegedly caused by the use or lack of use of the program, both directly and indirectly, for operating errors or damages caused by an act of god or by the breach of the obligations of every user, including but not limited to: the good condition of the computer system and the electrical supply installation, control of access to the Program in order to avoid manipulation by unauthorized or inexperienced persons, the contracting of periodic hardware and software maintenance services, the prevention of viruses and defective programs installed on the same hard disk, work interruptions, economic losses or loss of profits foreseen as a result of the use of the Program, as well as any other measure reasonably applicable preventive.
The Program is delivered as is, not accepting claims for alleged specifications that the program should meet. Specifically, the licensor will not be bound by the commitments or promises made by people outside his company, nor by erroneous expectations regarding the functionality of the Program.
The licensee assumes any damages, losses and / or costs that may arise from incompatibilities between the program or its updates and the software owned by third companies that the licensee may have installed on his computer, as well as other problems that may arise from the interaction. between programs or by matching code strings.
12.- ASSIGNMENT AND PROHIBITION OF COMMERCIALIZATION.-
The user agrees not to assign the partial or total use that he has of the Program, nor to transmit in any way the rights he has over it under this Agreement, as well as not to disclose, publish or put it in any other way to disposition of other persons except authorized employees of your company.
The customer may not license, sublicense, transfer, assign, distribute or commercially exploit this product.
13.- EXPORT RESTRICTIONS.-
The user knows and accepts that the Program or part of it is subject to Spanish legislation, being obliged to comply with the aforementioned regulations, as well as to comply with the international export regulations that may be applicable.
Likewise, the user knows and accepts that he will not be able to export or re-export the Program, in whole or in part, to any country, person or entity that is subject to restriction according to Spanish regulations and international export regulations, without counting for this with the relevant export licenses.
The user will be obliged to defend and hold DEEPUPSELL harmless against any claim that may arise as a result of the breach on their part of the export regulations.
14.- PROTECTION OF PERSONAL DATA.-
For the purposes of the Organic Law on Data Protection 15/1999 (hereinafter, "LOPD"), DEEPUPSELL informs you that the personal data included in the invoice, as well as any others that are provided throughout the commercial relationship that you have, will be integrated into an automated file of your property and will be used by DEEPUPSELL for the adequate management of the requested services, collections and payments, the promotion of DEEPUPSELL services and the performance of audits or studies of satisfaction and market.
The acceptance of this contract will imply the provision of consent for the Company to process the data for the purposes described above.
Likewise, express mention is made that DEEPUPSELL , is the recipient of said data and that the interested parties may exercise their rights of access, rectification, cancellation and opposition in the legal terms, by means of communication via email from the web application itself .
The database provided by the client and the subsequent data entered by the same through the DEEPUPSELL Web application belong exclusively to the client.
However, for the provision of the services object of the contract, this data will be recorded and stored on a server managed by DEEPUPSELL , in accordance with the Data Security and Privacy Policy located at www.deepupsell.com in accordance with the legal regime provided in the LOPD and its implementing regulations.
For such purposes and in compliance with the provisions of Article 12 of the LOPD, DEEPUPSELL expressly states and undertakes to:
(I) Use and process the data for the sole and exclusive purpose of complying with this Contract and following in any case the instructions received from the client, expressly refraining from giving the data any use other than the one agreed upon and, especially, will refrain from altering them, using them for their own business interest or communicating or allowing third parties access to them, not even for their conservation.
(II) To observe the maximum confidentiality and reserve regarding the personal data that are provided by the client with respect to the development of the object of this Contract, committing not to disclose any of this data to any third person, as well as any other information that has been provided regarding the Company.
(III) Return to the client, once the provision of services object of this Contract has concluded, all the documents and files in which all or any of the data is reflected, whatever their support or format, as well as the copies of the same.
(IV) Restrict the access and use of the data to those of its employees, agents and collaborators that it is absolutely essential that they have access and knowledge of them for the development of the object of this Contract.
(V) Adopt the data protection security measures that correspond to the necessary security level depending on the files to which DEEPUPSELL has access.
15.- TERMINATION.-
This Agreement will be terminated for the general causes established in the applicable legislation and, in particular, DEEPUPSELL reserves the right to terminate it automatically and without prior notice in the event of breach by the licensee of any terms and conditions contained in the same.
DEEPUPSELL will decline any future request for information by the client regarding the period in which the service was provided.
The client may terminate the contract at any time, through the license management available in the web application, losing from that moment access to mappings and data that we have stored, and without the possibility of recovering them.
16.- INTEGRITY.-
The eventual invalidity of any of these conditions will not affect the validity of the rest. The condition that is void will be replaced by one whose purpose is, as far as possible, identical to that intended by the replaced condition without incurring, in turn, nullity.
17.- APPLICABLE LAW AND JURISDICTION.-
This Agreement will be governed in accordance with the laws of Spain. In the event that doubts and / or divergences arise regarding its interpretation and / or effects, the Courts corresponding to the client's domicile will be competent.
y DEEPUPSELL such as training, consulting, support and the like are not included in this agreement.
7.- INTELLECTUAL PROPERTY.-
The Program, as well as all its documentation and / or information related to it, is the exclusive property of DEEPUPSELL .
DEEPUPSELL corresponds to all intellectual property and copyright rights over the Program, the documentation, as well as any other work, program and / or product that will be delivered by DEEPUPSELL to the user in compliance with this Agreement.
The client may not reverse engineer, decompile, or disassemble all or part of the Program, and any form of access to its source code is strictly prohibited.
Likewise, the client will refrain from deleting, modifying or altering in any other way the mentions of reservation of rights in favor of the licensor, as well as, among others, the name, logo or brand that identifies the latter entity in all documentation that is provided on any medium in the context of this Agreement.
The client must notify DEEPUPSELL of any possible infringement of the licensor's rights as soon as he becomes aware of it, with DEEPUPSELL being the sole beneficiary of the possible compensation that may be awarded under any procedure.
The client may not create telematic "links" with the services described in this Agreement, nor adapt or duplicate any content of the Program on any other server or wireless device; Nor will you be able to access the product or services that are the object of this contract in order to create a competitive product or service, or create a product using ideas, characteristics, functions or graphics similar to those of the services provided therein.
8.- FEES FOR DATA STORAGE VOLUME.-
The maximum storage space for backup copies provided to the customer at no additional cost is 100 Megabytes per hotel.
If the amount of storage for said backup copies exceeds this limit, the customer must pay the current storage fee at that time on the DEEPUPSELL website .
DEEPUPSELL reserves the right to periodically modify and / or update the general limits related to the storage of customer data.
DEEPUPSELL will notify the Client when the storage volume used per license reaches approximately 90% of the aforementioned maximum space.
9.- MODIFICATIONS IN PRODUCTS AND CONTRACTUAL TERMS.-
The customer may not reproduce, transform, modify, adapt or make versions of the Program in whole or in part, including the software, services and / or any documentation or material that accompanies the product, such as the Service Guide.
DEEPUPSELL reserves the right to modify at any time the terms and conditions or the policies related to the services provided in this Agreement; These modifications will come into force, in the legally foreseen terms, once the updated version of the contract is published on the server.
The Client is responsible for periodically reviewing the content of this contract, as well as the news section of the WEB PORTAL in order to know the latest news of the service.
10.- GUARANTEES AND OBLIGATIONS.-
DEEPUPSELL guarantees the client that it has the best technical means, a solid infrastructure sufficiently proven and the necessary resources for the provision of the services that are the object of the Contract; However, in the event of technical incidents that could affect the provision of the service, they will be resolved as soon as possible and using all the necessary means available to them.
DEEPUPSELL also declares that the Program that is the subject of this license is the result of highly qualified work that, however, may be subjected to random circumstances, including hardware and other programs installed on the same computer where the Program is used, as well as to calculation errors or other errors that cannot be detected under normal simulation conditions.
DEEPUPSELL guarantees the free correction, for customers who have signed this service contract, of all those demonstrable errors that, reliably, are communicated to it; the corrections will be automatically incorporated and, therefore, made available to customers in the Web Application.
Additionally, they will be listed in the news section of the DEEPUPSELL portal . It is, therefore, the user's obligation to periodically visit DEEPUPSELL's website in order to check the publication by DEEPUPSELL of new versions of its products or corrections aimed at correcting detected and corrected errors.
The guarantees established in this Agreement do not cover material lost, stolen, accidentally damaged, used improperly, modified without authorization or that is defective due to causes caused by third parties outside of DEEPUPSELL .
The customer is responsible for the use of the program do people (employees, partners or others linked in some way with him) who use the software licenciad or .
DEEPUPSELL applications will be designed in such a way that they work with the latest technological requirements for hardware, software and communications, which are mostly accepted by the market as standards, so the licensee must keep its installation adapted to the technological evolution of computer systems: new versions of operating systems, hardware requirements, update of third-party software applications related to the operation of DEEPUPSELL applications, Internet bandwidth, etc.
The licensee will also be responsible for the maintenance of the electrical installation for supplying the equipment.
The client will be responsible for all activities carried out with their user accounts and with their use.
For this reason, the client will be solely responsible for the accuracy, quality, integrity, legality and reliability of their data, as well as the intellectual property or the right to use them and DEEPUPSELL will not be in any way responsible for the elimination, correction, destruction, damage or loss of customer data or that such data has not been saved.
11.- LIMITATIONS ON WARRANTIES AND LIABILITY
DEEPUPSELL's liability for damages attributable directly to the licensed Program will be limited to the price of the contracted service. In no event shall DEEPUPSELL be liable for damages in excess of this amount, even if the licensee has informed DEEPUPSELL of the possibility of such damages.
The licensee knows and accepts that the provision of the services object of this Contract is subject to specifications, characteristics and technical conditions that DEEPUPSELL has contracted with third parties.
Consequently, the Client acknowledges that DEEPUPSELL will not be responsible for failures or damages of any nature caused by the aforementioned third parties and, in any case, its pecuniary responsibility will never be greater than that established in the previous paragraph.
DEEPUPSELL is not responsible in any way, with any person or entity, for any damage allegedly caused by the use or lack of use of the program, both directly and indirectly, for operating errors or damages caused by force majeure or by the breach of the obligations of every user, including but not limited to: the good condition of the computer system and the electrical supply installation, control of access to the Program in order to avoid manipulation by unauthorized or inexperienced persons, the contracting of periodic hardware and software maintenance services, the prevention of viruses and defective programs installed on the same hard disk, work interruptions, economic losses or loss of profits foreseen as a result of the use of the Program, as well as any other measure reasonably applicable preventive.
The Program is delivered as is, not accepting claims for alleged specifications that the program should meet. Specifically, the licensor will not be bound by the commitments or promises made by people outside his company, nor by erroneous expectations regarding the functionality of the Program.
The licensee assumes any damages, losses and / or costs that may arise from incompatibilities between the program or its updates and the software owned by third companies that the licensee may have installed on his computer, as well as other problems that may arise from the interaction. between programs or by matching code strings.
12.- ASSIGNMENT AND PROHIBITION OF COMMERCIALIZATION.-
The user agrees not to assign the partial or total use that he has of the Program, nor to transmit in any way the rights he has over it under this Agreement, as well as not to disclose, publish or put it in any other way to disposition of other persons except authorized employees of your company.
The customer may not license, sublicense, transfer, assign, distribute or commercially exploit this product.
13.- EXPORT RESTRICTIONS.-
The user knows and accepts that the Program or part of it is subject to Spanish legislation, being obliged to comply with the aforementioned regulations, as well as to comply with the international export regulations that may be applicable.
Likewise, the user knows and accepts that he will not be able to export or re-export the Program, in whole or in part, to any country, person or entity that is subject to restriction according to Spanish regulations and international export regulations, without counting for this with the relevant export licenses.
The user will be obliged to defend and hold DEEPUPSELL harmless against any claim that may arise as a result of the breach on their part of the export regulations.
14.- PROTECTION OF PERSONAL DATA.-
For the purposes of the Organic Law on Data Protection 15/1999 (hereinafter, "LOPD"), DEEPUPSELL informs you that the personal data included in the invoice, as well as any others that are provided throughout the commercial relationship that you have, will be integrated into an automated file of your property and will be used by DEEPUPSELL for the adequate management of the requested services, collections and payments, the promotion of DEEPUPSELL services and the performance of audits or studies of satisfaction and market.
The acceptance of this contract will imply the provision of consent for the Company to process the data for the purposes described above.
Likewise, express mention is made that DEEPUPSELL , is the recipient of said data and that the interested parties may exercise their rights of access, rectification, cancellation and opposition in the legal terms, by means of communication via email from the web application itself .
The database provided by the client and the subsequent data entered by the same through the DEEPUPSELL Web application belong exclusively to the client.
However, for the provision of the services object of the contract, these data will be recorded and stored on a server managed by DEEPUPSELL , in accordance with the Data Security and Privacy Policy located at www.deepupsell.com in accordance with the legal regime provided in the LOPD and its implementing regulations.
For such purposes and in compliance with the provisions of Article 12 of the LOPD, DEEPUPSELL expressly states and undertakes to:
(I) Use and process the data for the sole and exclusive purpose of complying with this Contract and following in any case the instructions received from the client, expressly refraining from giving the data any use other than the one agreed upon and, especially, will refrain from altering them, using them for their own business interest or communicating or allowing third parties access to them, not even for their conservation.
(II) To observe the maximum confidentiality and reserve regarding the personal data that are provided by the client with respect to the development of the object of this Contract, committing not to disclose any of these data to any third person, as well as any other information that has been provided regarding the Company.
(III) Return to the client, once the provision of services object of this Contract has concluded, all the documents and files in which all or any of the data are reflected, whatever their support or format, as well as the copies of the same.
(IV) Restrict the access and use of the data to those of its employees, agents and collaborators that it is absolutely essential that they have access and knowledge of them for the development of the object of this Contract.
(V) Adopt the data protection security measures that correspond to the necessary security level depending on the files to which DEEPUPSELL has access.
15.- TERMINATION.-
This Agreement will be terminated for the general causes established in the applicable legislation and, in particular, DEEPUPSELL reserves the right to terminate it automatically and without prior notice in the event of breach by the licensee of any terms and conditions contained in the same.
DEEPUPSELL will decline any future request for information by the client regarding the period in which the service was provided.
The client may terminate the contract at any time, through the license management available in the web application, losing from that moment access to mappings and data that we have stored, and without the possibility of recovering them.
16.- INTEGRITY.-
The eventual invalidity of any of these conditions will not affect the validity of the rest. The condition that is void will be replaced by one whose purpose is, as far as possible, identical to that intended by the replaced condition without incurring, in turn, nullity.
17.- APPLICABLE LAW AND JURISDICTION.-
This Agreement will be governed in accordance with the laws of Spain. In the event that doubts and / or divergences arise regarding its interpretation and / or effects, the Courts corresponding to the client's domicile will be competent.