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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 do not agree with any part of the terms, 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 clients, either through access to the Web, on the Internet portal https://nectios.com/ (hereinafter, the ‘Website’ or the ‘Web’ indistinctly), through iOS devices or Android , 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) ‘ Customer’) 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 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.

Legal information

These General Conditions of Use and Contracting (hereinafter the «Conditions») of COPERNIC TECHNOLOGIES S.L., a company of Spanish nationality, with registered office in Barcelona, ​​Dr Letamendi, 37, 3-2, provided with C.I.F. B67073130 and registered in the Barcelona Companies Registry in volume 46,104, folio 198, page B-509,617 (hereinafter, «COPERNIC TECHNOLOGIES» or the «Company»), regulate the use of the services offered through the Nectios solution ( hereinafter, «Nectios» or «the Solution») that COPERNIC TECHNOLOGIES makes available to its users and customers, either through Web access, on the Internet portal https://nectios.com / (hereinafter, the “Website” or the “Web” interchangeably), through iOS or Android, online or offline, as well as through the desktop application.

The use of the Web and Nectios attributes the condition of user (hereinafter, the «User») and the contracting of the Services, as defined below, attributes the condition of client (hereinafter, the «Client») and 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.

COPERNIC TECHNOLOGIES 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. By clicking indicating your acceptance or by accepting a purchase order for the Services, as these are defined below, the Client and the User accept these Conditions that govern the use of the Services. Likewise, the registration or use of the Solution implies full acceptance of these Conditions, as well as the privacy policies of Nectios included in https://nectios.com/privacy-policy/ / (hereinafter the » Privacy Policy»).

Services

COPERNIC TECHNOLOGIES makes available to the Client, through the Solution, a set of commercial team management services. The Services are offered online through a web platform https://nectios.com/. 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 competitive or benchmarking purposes.

Administration of services by the client

Customer will be provided with a name and password to be used for the purposes of managing Customer’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. The Client undertakes to immediately notify COPERNIC TECHNOLOGIES (also Nectios) of any unauthorized use of or access to the Services, the Solution, the Client’s password or account, or any other breach of security. Nectios cannot and will not be liable for any loss or damage arising from Customer’s breach of security obligations. The Client acknowledges and accepts that COPERNIC TECHNOLOGIES (also Nectios) will not be responsible in any case and under any circumstances for any action or omission by the Client or any User, including damages of any kind derived from said actions or omissions. .

Accounts

When creating an account with us, you must provide us with accurate, complete, and current information 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 you use to access the Service and for any activities or actions performed under your password, whether 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 undertake 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.

Intellectual property

The Service and its original content, features and functionality are and remain the exclusive property of Copernic Technologies (also Nectios) and its licensors.

Links to other websites

Our Service may contain links to third party websites 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. Furthermore, you acknowledge and agree that Nectios shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such websites. or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service that you visit.

Payments and invoices

All payments will be made in the manner indicated in the purchase order for services 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 nor can amounts already paid be reimbursed. Customer is obligated to pay for all requested user licenses during the entire license period set forth in the Purchase Order (the «License Period»), whether in use or not.

The Client agrees to provide complete and accurate billing and contact information to COPERNIC TECHNOLOGIES (also Nectios). This information includes company name, checking account number, credit card (if applicable) or other applicable form of payment, mailing address, email address, contact name and phone number. of authorized invoicing, the identification number of the intracommunity value added tax (if applicable) and the data 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 provided is false, fraudulent or out of date, COPERNIC TECHNOLOGIES (also Nectios) reserves the right to cancel access to the Service, as well as to take any other legal action it deems appropriate. If the Customer considers that their invoice is not correct, they must contact Nectios or its distributor in writing, within a maximum period of seven (7) days from the date of said invoice, to jointly review said invoice and, where appropriate, , to be able to receive a rectification.

Additional fees

The data storage space that COPERNIC TECHNOLOGIES (also Nectios) makes available to the Client for free 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 package of Nectios. If the amount of disk storage required by the Client exceeds the limits established in the previous paragraph, COPERNIC TECHNOLOGIES (also Nectios) reserves the right to charge the Client the storage rate in force at that time. COPERNIC TECHNOLOGIES (also 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 the charges for additional data storage. COPERNIC TECHNOLOGIES (also Nectios) reserves the right to establish or modify at any time, its procedure and usual 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 makes available to the Client for free 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.

COPERNIC TECHNOLOGIES (also 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 the additional expenses of file storage. COPERNIC TECHNOLOGIES (also Nectios) reserves the right to establish or modify at any time, its procedure and usual 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.

Payment slip

Nectios reserves the right to suspend or terminate these Conditions and, where appropriate, the applicable Particular Conditions and, consequently, access to the Services by the Client if the latter incurs in late payments for a period greater than sixty (60) days from its expiration, will empower Nectios to unsubscribe/suspend the service until the full amount due is collected. After sixty (60) days from the suspension of the service without the Client having made the payment of all the amounts due, the contract will be automatically terminated, without prejudice to the right of Nectios to claim any amount due and/or any damage or harm caused by the Client. Said contractual resolution will entail the elimination of the Data, as these are defined in the Terms and Conditions of Nectios. 

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.

Intellectual and/or industrial property rights

Except for what is expressly established in this document, these Conditions do not guarantee any of the parties any right, implicit or not, over the content or over any intellectual and/or industrial property right of the other party. In this sense, COPERNIC TECHNOLOGIES owns all the intellectual and/or industrial property rights of the Services.

COPERNIC TECHNOLOGIES and its suppliers will retain ownership of all right, title and interest including, but not limited to, all intellectual and/or industrial property rights (as defined below) related to the Services and the Solution, as well as as well as any work or improvements derived from it, including, without limitation, any software, technology, information, content, materials, guidelines and documentation. The Client will not acquire any right, title or interest contained, except for the rights of limited use expressly established in these Conditions. Any rights not expressly granted herein will be deemed not granted. COPERNIC TECHNOLOGIES does not own the content of third parties used as part of the Services, including the content of the communications that appear on the Services. The title and intellectual and/or industrial property rights of the content accessed through the Services belong to the owner of the content in question and may be protected by intellectual property law or other applicable laws. Customer agrees not to do or allow others to do any of the following: (i) adapt, translate, or modify the Solution; (ii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to discover the source or object code of the Solution software, except where such limitations are prohibited by applicable law; (iii) copy the Solution; (iv) use the Services for high-risk activities or (v) license, lend, sell, rent or lease the Services or any component thereof. Any third party source code included in each application of the Services may only be used in conjunction with such application of the Services, the use of which is subject to these Terms.

IT IS PROHIBITED TO USE, COPY, TRANSFER AND MODIFY THE SOLUTION (INCLUDING THE INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS OVER THE SAME) OR ANY PART OF THE SOLUTION, EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.

Confidentiality

Each party will (a) protect the Confidential Information of the other party with the same standard safeguards that it uses to protect its own Confidential Information and (b) will not disclose the Confidential Information, except to employees and agents, in the Only if it is necessary and if they have agreed in writing to maintain confidentiality obligations. Each party (and all employees and agents to whom Confidential Information has been disclosed) must use the Confidential Information solely to exercise its rights and fulfill its obligations under these Terms; using reasonable measures to protect it.

Termination

We may terminate or suspend your account immediately, without notice or liability, for any reason, including, without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to cancel your account, you must notify us thirty (30) days in advance by sending an email to the following address: [email protected] In case of not doing it with the indicated time, the client will be obliged to pay the months that he has not been using the service before his notification. All provisions of the Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Disclaimer

Your use of the Service is at your own risk. The Service is provided on an «AS IS» and «AS AVAILABLE» basis. The Service is provided without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Applicable Law

These Terms will be governed by 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 by a court to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us relating to our Service, and supersede and replace any prior agreements we may have had between us relating to the Service.

Changes

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 before any new terms take effect. What constitutes a material change will be determined in 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.

Contact us

If you have any questions about these Terms, please contact us.