Terms and Conditions
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. These General Conditions of Use and Contracting (hereinafter the ‘Conditions’) regulate the acquisition and use of the products and services that Copernic Technologies SL and its brand Nectios (hereinafter ‘Nectios’) make available to its users. and/or customers, either through Web access, on the Internet portal https://nectios.com/ (hereinafter, the ‘Website’ or the ‘Web’ interchangeably), through iOS or Android devices , online or offline, as well as through the desktop application (hereinafter the “Solution”). The use of the Web and the Solution attributes the condition of user (hereinafter, the ‘User’) and the contracting of the Services, as defined below, attributes the condition of client (hereinafter, the User). ‘Client’) and both imply acceptance of these Conditions. Some services or functionalities of the Solution may be subject to particular conditions that, where appropriate, modify or complement these Conditions and that will be understood to be accepted by the User and/or the Client at the beginning of the provision of said service or of the use of the corresponding functionality (hereinafter, the Particular Conditions”). Nectios reserves the right to modify, at any time and without prior notice, the content and configuration of the Website and the Solution, as well as the services offered. Users and Clients must carefully read these Conditions.
Nectios makes available to the Client, through the Solution, a set of commercial team management services. The Services are offered online through a Web platform. The Services are offered in various editions and packages that may differ significantly in functionality. The Services may not be accessed or used for the purpose of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purpose.
Administration of the Services by the Client
The Client will receive a name and a password that must be used for the purposes of administering the Client’s accounts. The Client has the responsibility to maintain the confidentiality of said password and account, for which it will designate the employees who will have authorization to access the account and will limit the scope of said authorization to the fulfillment of the assigned tasks and for all the activities that are made under the Client’s account. Customer agrees to immediately notify Nectios of any unauthorized use of or access to the Services, Solution, Customer’s password or account, or any other breach of security. Nectios cannot and will not be held responsible for any loss or damage arising from the Client’s breach of security obligations. The Client acknowledges and agrees that Nectios shall not be liable in any way or under any circumstances for any action or omission by the Client or any User, including damages of any kind resulting from said actions or omissions.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Compliance with the Conditions
The Client and the User hereby agree to use the Services in accordance with the terms established in these Conditions. Nectios may offer, as it deems appropriate, additional applications, features or functions through the Services, the use of which may be subject to Particular Conditions that must be accepted by the Client and, where appropriate, by the User.
The Service and its original content, features and functionality are and will remain the exclusive property of Copernic Technologies (also Nectios) and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Copernic Technologies (also Nectios). Copernic Technologies (also Nectios) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Nectios shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Payments and bills
All payments will be made in the manner indicated in the service purchase order accepted by the Client (hereinafter, the ‘Purchase Order’). The Client will make the payment of the amounts indicated in the Purchase Order (hereinafter, the “Amounts”). The Amounts, once invoiced, must be paid at the beginning of the period in which the Client receives the Services and with the frequency agreed in the Purchase Order. Payment obligations cannot be canceled or amounts already paid cannot be reimbursed. Customer is obligated to pay for all requested User licenses for the entire license period set forth in the Purchase Order (the “License Period”), whether or not they are in use. The Client agrees to provide complete and accurate billing and contact information to Nectios. This information includes the company name, checking account number, credit card (if applicable) or other applicable form of payment, mailing address, email address, name and telephone number of an authorized billing contact, the identification number of the intra-community value added tax (if applicable) and details of the Client’s administrator. The Client undertakes to update this information within ten (10) days after any modification. If the contact information you have offered is false, fraudulent or not updated, Nectios reserves the right to cancel access to the Service, as well as to take any other legal action it deems appropriate. If the Client considers that his invoice is not correct, he must contact Nectios or his distributor in writing, within a maximum period of seven (7) days from the date of said invoice, to jointly review said invoice and, in your case, to be able to receive a rectification.
The data storage space that Nectios offers the Client free of charge is 1GB in database for the set of User Licenses that the Client has contracted in any edition or package of Nectios and an additional 5MB for each User License of any edition or pack of Nectios. If the amount of disk storage required by the Client exceeds the limits established in the previous paragraph, Nectios reserves the right to charge the Client the storage rate in force at that time. Nectios will try to notify the Client, to the extent possible, when the average storage used per license reaches approximately ninety percent (90%) of the indicated limit. However, if Nectios does not notify you of this situation, this does not relieve the Client of its responsibility and obligation to pay for the additional data storage charges. Nectios reserves the right to establish or modify at any time, its usual procedure and limits in relation to data storage. Nectios will publish its data storage policy and the limits in force at any time on its website. The file storage space that Nectios offers the Client free of charge is 2.5GB for the set of User Licenses that the Client has contracted in any edition or package of Nectios and an additional 250MB for each User License of any edition or package. of Nectios. If the amount of file storage required by the Client exceeds the limits established in the previous paragraph, Nectios reserves the right to charge the Client the storage rate in force at that time. Nectios will try to notify the Client, to the extent possible, when the average storage used per license reaches approximately ninety percent (90%) of the indicated limit. However, if Nectios does not notify you of this situation, this does not relieve the Client of its responsibility and obligation to pay for additional file storage charges. Nectios reserves the right to establish or modify at any time, its usual procedure and limits in relation to the storage of files. Nectios will publish its file storage policy and the limits in force at any time on its website.
Nectios reserves the right to suspend or terminate these Conditions and, as the case may be, the Particular Conditions that may be applicable and, consequently, access to the Services by the Client if he incurs in delays in payments for a longer period. ten (10) days from expiration. Accounts with late payments are subject to a monthly interest of 1.5% applicable on the outstanding balance, in addition to all the expenses necessary for its collection. This interest may not be split and a single day of delay will imply the application of all interest. If the Client or Nectios terminate access to the Service, the Client will be obliged to pay the outstanding balance of their account. Nectios reserves the right to impose a reconnection fee in the event that the Customer has been suspended and has subsequently requested access to the Service.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an «AS IS» and «AS AVAILABLE» basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of Spain without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.