- INTRODUCTION AND PURPOSE
NEXTINIT S.L. (hereinafter: "NEXTINIT") is a Spanish company, entered in the Company Register of Madrid under Company Tax Identification No.: B-86750197 and with registered office in Madrid (28004), c/Plaza Santa MarÃa Soledad Acosta 02, which operates - among others - in the fields of engineering and marketing software developments; and is the owner of a website on Internet (hereinafter, the WEBSITE), which hosts a computer application (hereinafter, the APPLICATION).
In general and without prejudice - as the case may be - to the possibility of access via third-party links and/or from other Internet domains, the WEBSITE and the APPLICATION are accessible from the URL (Internet address): http://app.nextinit.com
Through the WEBSITE, NEXTINIT makes available to USERS of the APPLICATION access and use of several functionalities and contents (hereinafter, the "Services").
These terms and conditions aim to establish and regulate general access and use of the WEBSITE, as well as of the APPLICATION and - as the case may be -, the different contents and services provided by NEXTINIT or by third parties from and/or through the WEBSITE.
Both access and the general use of the APPLICATION confer the condition of REGISTERED USER of the said APPLICATION (hereinafter, the "USER"), necessarily implying full acceptance without reservations of each and every provision included in the general terms and conditions of access and use of APPLICATION.
USERS are specifically notified, and accept, that these conditions may undergo modifications in the future at NEXTINIT's sole discretion and without any obligation to give prior notice. As a consequence, USERS shall be exclusively responsible for verifying the terms and conditions in effect each time he or she intends to use the APPLICATION.
The use of certain services provided to USERS through the WEBSITE and/or the APPLICATION may be subject to particular conditions (hereinafter, the "Particular Conditions") which, according to each case, may substitute, complete and/or modify these general terms and conditions.
- ACCESS LEVELS AND USER REGISTRATION
In general, simple access to the open area of the WEBSITE will be free. Nevertheless, NEXTINIT conditions access to the APPLICATION following completion of the corresponding USER registration form.
Furthermore, NEXTINIT may make available to USERS certain Services whose use may require the completion of additional registrations and/or payment of certain monetary compensations. In this case, such registration shall be carried out in the way specifically described in the service itself or under the particular conditions that regulate it.
The condition of USER of the APPLICATION requires and presupposes age of majority according to the law in the USERS' local jurisdiction. The USER declares to NEXTINIT that, in any event, they are at least sixteen (16) years old at the time of registering on the WEBSITE and/or the APPLICATION.
The USER guarantees the truth of the declaration above, as well as of the registration data provided to NEXTINIT and he or she is responsible for keeping it fully up to date while their condition as USER is in effect. In any event, the USER shall be exclusively responsible for any false or inaccurate declarations made and for any damage caused to NEXTINIT and/or to third parties by the information provided.
NEXTINIT reserves the right to refuse registration in the APPLICATION. This refusal shall not give any right to compensation.
Once the registration process is satisfactorily completed, NEXTINIT shall enter the USER in its database of registered users. An account shall be generated with his or her email address and associated password for each USER.
- USER OBLIGATIONS
The USER's obligations, without prejudice to those that arise from the stipulations of this document, shall be as follows:
- Pay the corresponding economic compensation agreed for use of the APPLICATION, and strictly respect the terms of its license for use, as laid down under section V of these terms and conditions.
- The USER shall be obliged to guarantee the truth and accuracy of the registration data entered into NEXTINIT's information systems and to update such data if necessary. In any event, the USER shall be exclusively responsible for false or inexact declarations made for any damage caused to NEXTINIT or third parties by the information provided.
- The USER shall be obliged to scrupulously comply with national regulations in force as regards Data Protection in entering data on third-party employees, collaborators and/or clients in the APPLICATION, expressly undertaking to compile and document any authorisations that may be necessary regarding the affected parties, prior to entering any of their personal data in the APPLICATION.
- Carefully safeguard the "USER" and access password provided by NEXTINIT to the USER, preventing access by unauthorised third parties thereto and therefore ensuring their confidentiality.
- Immediately notify NEXTINIT of any indication of the existence of a breach of security in the WEBSITE and/or the APPLICATION, of inappropriate or prohibited uses of the services provided therefrom, or of security failures of any kind.
- Make proper use of the contents, information and services provided from or through the WEBSITE, in accordance with the law, good faith and generally accepted customs, expressly undertaking to:
- Abstain from carrying out practices or uses of the services with illicit or fraudulent purposes, damaging to the rights or interests of NEXTINIT or of third parties, in breach of the regulations set forth herein or under the Particular Conditions that, as the case may be, regulate any of the services provided from or through the WEBSITE.
- Abstain from carrying out any kind of action that could disable, overload or damage systems, equipment or services of the APPLICATION or directly or indirectly accessible through the WEBSITE.
- Respect the intellectual and industrial property rights of NEXTINIT and of third parties regarding the contents, information and services provided from or through the WEBSITE and/or the APPLICATION, generally refraining from copying, distributing, reproducing or communicating them in any way to third parties, without express authorisation in writing from NEXTINIT or from the holders of such rights.
- PROCESSING OF PERSONAL DATA
Pursuant to the provisions of Organic Act 15/1999 of 13 December regarding Personal Data Protection, NEXTINIT, S.L. informs you that the personal data entered when registering as USERS of the APPLICATION shall be added to NEXTINIT's automated file named: "CLIENTS AND/OR SUPPLIERS".
USERS may exercise their rights of access, rectification, cancellation and opposition regarding their personal data by sending and email addressed to firstname.lastname@example.org or by ordinary mail sent to NEXTINIT S.L., Ref. "PERSONAL DATA", Plaza Santa MarÃa Soledad Torres Acosta 2, 5ÂºC, 28004 - Madrid, Spain. The message must be accompanied by a copy of a national identity document or an equivalent identifying document.
USERS guarantee to NEXTINIT that all personal data entries by them to the APPLICATION shall be carried out according to the legislation in effect as regards personal data protection and always and in any event obtaining the required authorisations from any person affected in the necessary cases, especially when entering personal data of employees, collaborators and/or end customers.
- INTELLECTUAL AND INDUSTRIAL PROPERTY AND TERMS OF THE LICENCE FOR USE OF THE APPLICATION
All the software and contents of the WEBSITE, including: the APPLICATION, html code, texts, animations, images etc. in addition to the trademarks, trade names and/or distinctive marks displayed are property of NEXTINIT or of third parties and are protected by national and international intellectual and industrial property laws.
Any use of them outside of the WEBSITE, including the reproduction, modification, distribution, transmission, republication, arrangement or representation of any part thereof, is strictly forbidden without express written consent from NEXTINIT.
TERMS OF THE LICENCE FOR USE OF THE APPLICATION
This section establishes the conditions of the license for use of the APPLICATION.
These terms of license for use are an integral, inseparable part of the general terms and conditions of access to the NEXTINIT computer application.
By accepting the terms and conditions of the license for use, the licensee declares his or her full acceptance without reservations of such terms and conditions, and that he or she has full legal capacity to enter into contracts and subject to any legal incapacity, and that the data provided through the corresponding form is exact and correspond to reality, they being, otherwise, responsible for any possible damage for which NEXTINIT may be responsible to third parties.
This agreement grants the USER a NON-EXCLUSIVE LICENCE FOR USE of the NEXTINIT application, subordinate to the effective maintenance of their condition as registered user of the WEBSITE.
It is prohibited to lease or resell this licence for use. The USER licensee shall not lease or hire the APPLICATION to any third party.
In particular, the USER licensee may not:
- Rent, sell, lease, assign, grant sublicenses or transfer to third parties the rights granted by virtue of this licence section.
- Transform, including the translation, or carry out modifications or works derived from the APPLICATION.
- This licence for use will be automatically terminated if the licensee does not comply with the conditions laid down.
- This licence for use does not include such other services as:
- (a) corrective maintenance as regards problems not caused by software or code provided by NEXTINIT, or by NEXTINIT's software or code but which has been manipulated or modified by personnel not belonging to NEXTINIT; (b) corrective maintenance for problems not caused by hardware provided by NEXTINIT; (c) corrective maintenance for problems caused by the incorrect or inadequate use of the APPLICATION; (d) installation, updating or repair of third-party software, including operating systems.
- EXCLUSION OF WARRANTIES
Access to the WEBSITE and use of the APPLICATION does not imply any kind of warranty, which NEXTINIT expressly refuses, regarding the quality, truthfulness, accuracy, lawfulness, current reality or validity, as well as the usefulness or adaptation to the purpose of whoever accesses them. Both access to the APPLICATION and the use that may be made of the information and contents included therein or which is accessible therefrom is made under the USER's exclusive responsibility.
Under no circumstances and to no extent shall NEXTINIT be liable for either direct or indirect damages, nor for consequential damage or loss of profit, for the resulting damages arising from use of the APPLICATION, nor for the information and contents of the WEBSITE or accessible from or through it. NEXTINIT offers USERS no warranty, express or implicit, and refuses any liability for the integrity, accuracy, availability, opportunity, security or reliability of the APPLICATION. NEXTINIT shall not be liable for any damage, loss of data or any other damage as regards the APPLICATION and/or the information contained or hosted therein.
In no way does NEXTINIT guarantee the quality, truthfulness, accuracy, lawfulness, current reality or validity, as well as the usefulness or adaptation to any purpose of the functionalities comprised in the APPLICATION. NEXTINIT also excludes, to the full extent provided by law, any liability of any kind for the quality, truthfulness, accuracy, lawfulness, current reality, validity or usefulness/adaptation to any purpose regarding the APPLICATION and/or the contents that make up the WEBSITE.
The WEBSITE and/or the APPLICATION may contain links to pages that, although within the WEBSITE, are under the responsibility of third parties. Furthermore, the WEBSITE may contain links to pages in all cases external thereto. In both cases, NEXTINIT cannot control or supervise such content in any way. NEXTINIT excludes, to the full extent provided by law, any liability of any kind, arising from the existence or possibility to access such contents.
Furthermore, NEXTINIT shall not be liable in any case, even indirectly or vicariously, for products or services provided or offered by other persons or entities, or for contents, information, communications, opinions or declarations of any kind originating from or given by third parties and which are accessible through the APPLICATION.
NEXTINIT reserves the right to unilaterally withdraw the licence for use of the APPLICATION from any USER licensee that breaches any of the principles governing these terms and conditions.
NEXTINIT does not provide any warranty that the APPLICATION will meet the USER licensee's requirements without interruption, securely or free of errors.
Security and Privacy: NEXTINIT shall reasonably use the means within its powers to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc.
Nevertheless, the USER understands and accepts the aspects involved in providing the services via Internet in view of the open, decentralised and global nature of this communications network.
For this reason, NEXTINIT does not guarantee the impregnability of its security systems nor the privacy of the information hosted therein. NEXTINIT excludes, to the full extent provided by law, any liability of any kind for shortcomings in security on the WEBSITE and/or the APPLICATION, in addition to the consequences that may arise from them.
Use of "cookies" the APPLICATION uses "cookies" for the sole purpose of permitting and providing the USER's interaction with it. Furthermore, the statistical services - ours or third parties' -, used by the APPLICATION and/or WEBSITE use "cookies" for the sole purpose of establishing metrics and patterns of site usage. Access, use and, in general, navigation of the WEBSITE and/or the APPLICATION necessarily implies consent of the user to the use of "cookies" by NEXTINIT and/or its service providers.
What are cookies? A cookie is a file that is downloaded to your computer when accessing certain web pages. Cookies allows a web page, among other things, to store and recover information on a user's browsing habits or on their equipment and, depending on the information contained and in the way you use your equipment, they can be used to recognise a user.
What kind of cookies do the WEBSITE and the APPLICATION use?
- Session cookies: They keep users identified by the WEBSITE and/or the APPLICATION, allowing them to interact with it.
- Analysis cookies: They are cookies that, properly processed by us or by third parties, allow us to quantify the number of users and then make measurements and statistical analysis of the use that users make of the service provided. To do so, they analyse the navigation of our web page with the aim of improving the offer of products or services that we provide.
- Advertising cookies: They are cookies that, properly processed by us or by third parties, allow us to more effectively manage the offer of advertising spaces on the web page, adapting the content of the advert to the content of the service requested or the use that is made of our web page. We can therefore analyse your browsing habits on Internet and we can show you advertising related with your browsing profile.
You can permit, block or eliminate the cookies installed in your equipment by configuring the options of the browser installed on their computer. The "Help" function of most browsers shows how to configure your browser not to accept cookies, so that it notifies you every time receive a new cookie, and how to disable all cookies completely. It can also disable or eliminate similar data used by browser add-ons, such as "Flash Cookies", changing the configuration of such add-ons or visiting the manufacturer's website.
Interruptions and/or Suspension of the System:
In general, the APPLICATION and/or WEBSITE shall be available without interruption on Internet. However, USERS are notified that NEXTINIT does not guarantee in any way such continuity due to the nature of the medium through which the service is provided.
USERS understand and accept the aspects involved in providing services through Internet in view of the open, decentralised, global nature of the network.
Accordingly, by way of example, below are some of the situations that may temporarily interrupt the provision of services:
- Maintenance work on servers and/or data lines
- Damage to servers and/or data lines
- Deliberate attacks against the system's security and integrity
- Computer viruses or the presence of malicious code in the pages that make up or are accessible from the WEBSITE and/or the APPLICATION
NEXTINIT excludes, to the full extent provided by law, any liability of any kind arising from the temporary interruption in availability of the APPLICATION and/or the WEBSITE on the Internet.
The USER is notified that NEXTINIT may at any time, at its sole discretion and without any obligation to give prior notice, definitively suspend the presence of the WEBSITE and/or the APPLICATION on Internet and therefore of the services provided from or through it, notwithstanding what may have been stipulated in this respect - as the case may be - under the relevant Particular Conditions. NEXTINIT is exempt from any kind of liability arising from the consequences that could be caused by the definitive suspension in providing such services.
- VOLUNTARY UNSUBSCRIPTION, EXCLUSION AND RESPONSIBILITIES
Any USER may request his or her unsubscription, at any time, as a USER of the WEBSITE. NEXTINIT shall have a term of 30 days to study such USER'S situation regarding all the services they were subscribed to in order to, as the case may be, issue an invoice for any usage that, upon receiving the request for unsubscription, was pending payment.
Should there exist no amount pending settlement and/or collection, the unsubscription shall be made effective immediately. Otherwise, the unsubscription shall be subordinate to the effective collection of such amounts by NEXTINIT.
The USER is responsible for proper use of the WEBSITE, of the APPLICATION and of the services contracted from or through it. Any contrary use of the services by the USER shall imply immediate exclusion from the WEBSITE and from the APPLICATION with loss of their condition as registered USER thereof, with no right to any compensation and without prejudice to the corresponding legal action that NEXTINIT may bring.
The falsehood of personal and/or professional data provided by the USER during the registration process in the WEBSITE, the APPLICATION or in any of the services provided from or through them may imply immediate exclusion from the WEBSITE and from the APPLICATION with loss of condition as registered USER thereof, with no right to any compensation and without prejudice to the corresponding legal action that NEXTINIT or third parties may bring.
Any type of action by USERS that could endanger or damage systems, equipment or services accessible directly or indirectly through the APPLICATION and/or WEBSITE, may imply their immediate exclusion therefrom, with loss of their condition as registered USER, with no right to any compensation and without prejudice to the relevant legal action that NEXTINIT may commence.
Any type of action by USERS that breaches these terms and conditions, the Particular Conditions that could regulate specific Services, the Law or generally accepted good practices, may imply their immediate exclusion from the WEBSITE and/or the APPLICATION with loss - as the case may be -, of their condition as registered USER thereof, with no right to any compensation and without prejudice to the corresponding legal action that NEXTINIT may commence.
USERS shall be solely responsible for any claim, in-court or out-of-court legal action, brought both by third parties against the USER and against NEXTINIT, based on usage of the APPLICATION and/or of the services contrary to law, morality, good faith and generally accepted good practices.
For the purposes of serving notice, NEXTINIT designates as its contact address the one set forth as its own under the heading of these terms and conditions.
The email provided by the USER during the registration process on the WEBSITE shall be the one used by NEXTINIT for the purpose of serving notice to the USER.
The USER is required to properly update the data for serving notice referenced in this clause.
All notices that NEXTINIT serves to the USER shall be considered as validly made if they have been carried out using the data and in the manner described above. NEXTINIT accepts no liability for any damage that may be caused by USERS' non-compliance with their obligation to keep their contact data updated.
- SEVERABILITY AND ENTIRE AGREEMENT
Should any stipulation contained under these terms and conditions be declared null and void, this shall not affect the validity and effectiveness of the other clauses.
These terms and conditions of the services provided by NEXTINIT through the WEBSITE make up the entire agreement between the parties, considering them to be of a higher rank than any previous written or verbal agreement, understanding, statement, representation, negotiation or covenant regarding this matter.
- GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by, and construed in accordance with, by Spanish Law in every sense.
Both NEXTINIT and the USER undertake to endeavour to solve any disagreement that could arise in their commercial relationships in an amicable manner.
To settle any litigious matter that could arise in their commercial relationships, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Madrid (capital), except - as the case may be - obligatory legal submission to a party jurisdiction.