Terms & Conditions

IT ISRECOMMENDED TO READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFOREACCESSING THE SERVICES. BY CLICKING ON THE BUTTON"I ACCEPT THE TERMS AND CONDITIONS" THE USER EXPRESSES HIS AGREEMENT WITH THE GENERALTERMS AND CONDITIONS.

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1. DEFINITIONS

In these General Terms and Conditions, the expressions below have the corresponding meaning:

For the purposes of these Terms and Conditions:

• SERVICES: Set of activities carriedout by the PROVIDER that seek to respond to one or more needs ofa USER.
• CLIENT: Company through which the USER contracts the services of the provider
• PROVIDER: Fractalia IT Systems España SLU, CIF B84933894 and address at C / Ronda de Poniente 2. Building8, 2nd Floor 28760 Tres Cantos (Madrid) Spain
• USER: An individual or company that uses the SOFTWARE and benefits from the provision of services by the PROVIDER  due to the efforts of the CLIENT, whether or not he is a consumer
• SOFTWARE: computer application/s with the ability to perform a set of tasks for which they were designed..

2. GENERAL CONDITIONS AND THEIR ACCEPTANCE

These general terms and conditions (hereinafter, the "GeneralConditions") regulate the provision of Services and use of the software license that PROVIDER makes available to a USER.

The acceptance, without reservation, of these General Conditions becomes indispensable for the use of the software and the provision of the SERVICES offered by the PROVIDER.

The use ofsome of the SERVICESoffered may requirethe installation of additionalapplications and / or third- party software (or links thereto)on the USER's computer, for the performance of the SERVICES solely andexclusively for the purpose of the USER performing the tasks in accordance with the provisions of the General Conditions.

If the software or services of third parties requires an acceptance of particular conditions of the manufacturer, it is expressly indicated that the acceptance of General Conditions impliesthe acceptance also of the General Conditions of said manufacturer.

The USER is informed that, as a result of the installation of the SOFTWARE for the use of some services, the application may send information and data provided by the USER to the servers owned by the PROVIDER, as well as require additional information, with the sole purpose of controlling access and the provision of the service as well as for the sending of communications and information about the service provided, in accordance with accepted privacy practices and applicable law. Likewise, the useof the SERVICES is subject to all notices, regulations of use and instructions made known to the USER by the PROVIDER.

Also, by accepting, you allow this application to access the settings of you roperating system and third-party programs.

3. PURPOSE

These General Conditions regulate the use of the SOFTWARE and the realization of the SERVICES offered by the PROVIDER.

This General Conditions do not establishany legal relationship between the USER and THE PROVIDER with respect to third-party applications, and nothing contained in General Conditions may be interpreted as a representation orguarantee by the PROVIDER related to third-party applications.

Likewise, the PROVIDER reserves the right to also modify or unilaterally replace these General Conditions as a result of the modification, evolution and promulgation of laws, regulations and rules applicable to the provision of services and / or aspects related to them, but only after written notice to the CLIENT.

4.  DESCRIPTION OF THE SERVICES

The USER may consultin formation about the SERVICES offered by the PROVIDER on the CLIENT's website; the USER shall only receives those SERVICES that have been contracted for between USER and CLIENT. The descriptions and scope of the SERVICES vary according to the contracted modality and as stated in the origin of the contract that contains the terms of provision of the SERVICES.

The USER may request assistance from the technicians of the Support Center of the SERVICES, througha chat-type dialog window. If the resolution of the incident requires it, the technician may remotely manage the equipment, prior acceptance by the USER.

To access the SERVICE, it may be necessary to use the SOFTWARE; the USER must have a licenseor USER account. In addition, it requires the USER to have an Internet connection (the connection is not the subject of these General Conditions).

The assistanceis provided on the operating systems and applications supported by the manufacturers, always subject to availability depending on the operating system owned by the USER and the possession of a legitimate copy of it.

In the event that the USER has problems accessing the Internet and cannot request assistance via chat, the USER may contact the technicians by telephone.

Chat sessionsand/or conversations will be recordedin order to ensure the security and reliability of theservice.

5. SUPPORTED OPERATING SYSTEMS, APPLICATIONS AND DEVICES

The USER is informedthat for all the SERVICES provided, described above, the PROVIDER reserves the right, after written notice to the CLIENT, to modify the list of operating systems, applications, devices and file formats supported to respondto the reality of the evolution of the market, discontinuing assistanceon any software considered obsolete, and adding those that are always considered of habitual utility.

Users will have access to all or part of the supported systems or applications, depending on the product that gives them access to the service included in the Original Agreement[what original agreement?]

5.1  THIRD PARTY SERVICES AND PRODUCTS

i.  The services that require in turn third-party services or third-party products will be provided under the conditions offered by the third party.

ii. For services related to Office 365 and Microsoft, on which the user requests some management or service, the user expressly accepts the terms and conditions indicated by the manufacturer itself, available at the link https://www.microsoft.com/licensing/docs/customeragreement.

For Microsoft cloud services the terms of the provider's MCA2017Agr (EMEA) EU-EFTA(SPA) (Sep20172) agreement islocated at https://download.microsoft.com/download/2/C/8/2C8CAC17-FCE7-4F51-9556- 4D77C7022DF5/MCA2017Agr_EMEA_EU-EFTA_SPA_Sep20172_CR.pdf which the user jointly and severally accepts by accepting these Terms and.

6.  DURATION

The provision of the SERVICES will begin at the time of acceptance of the General Conditions by the USER and will remain in force as long as the USER maintains the current contract with the CLIENT and provided that the USER is up to date in the payment of the corresponding fees to the CLIENT. Without prejudice to this, the PROVIDER reserves the right not to renew the contract at its expiration without the need to justify the cause. In this case,the USER must be notified not less than 60 days before the renewal of the contract by the PROVIDER. The PROVIDER reserves the right to delete or modify any service at the end of the contractual period with the USER.

7. OBLIGATIONS OF THE USER

The provision and maintenance of the contracted SERVICES will be understood, in anycase, subject to the strict compliance of the General Conditions by the USER, where appropriate, in any others that may result from their modification. Specifically, as a general rule, the USER undertakes, in relation to the SERVICES, and as the case may be:

I. Always act inaccordance with the law, good customs and the requirements of good faith, usingthe diligence appropriate to the nature of the CONTRACTED SERVICES, refraining from using said SERVICES in any way that could prevent, damage or deteriorate the normal functioning of the same or the rights of the PROVIDER or the rest of THE USERS and / or in general of any thirdparty.

ii. Observe all the rules and conditions that the PROVIDER may impose on the use ofthe equipment, systems and resources assigned in order tobe able to provide an optimal and adequate service.

iii. Not to use the equipment, systems or resources of the PROVIDER, nor the contracted SERVICES themselves, to carry out activities contrary to the laws, morality, or public order. Like wise, the USER under takes not to use the SERVICE Swith fines or illicit, prohibited or harmful effects of rights and interests of third parties, declining the PROVIDER any responsibility that may arise from it.

The USER will not execute activities through, orthrough the contracted SERVICES, which involve the infringement of the rules on telecommunications, intellectual property, industrial property, competition,unfair competition, advertising, protection of the rights to honor, personaland family privacy, self-image, privacy, protection of personal data, freedom of expression, freedom of opinion, freedom of information or otherrights of a similar nature.

Likewise, the USER undertakes to: 

Collaborate with the PROVIDER to facilitate the realization of the SERVICES. 

Provide the PROVIDER with access to all the information necessaryfor the proper development of its functions.

Authorize the PROVIDER to change the versions of the software agents that are used for the provision of the SERVICES, whenever the PROVIDER deems it necessary.

Provide correct data in the registration form. In the event that the data were not correct, the PROVIDER reserves the right not to provide the SERVICES.

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8.  LIABILITY

The PROVIDER will make all reasonable efforts to try to guarantee the availability and accessibility of the SERVICES. Likewise, the PROVIDER undertakes to make themaximum effort to maintain an acceptable level inthe fulfillment of its contractual obligations, but cannot guarantee, explicitly or implicitly, the continuity of the SERVICES at a given time, the integrity of the information stored, processedand / or transferred in, or through its equipmentand systems. The PROVIDER is notresponsible for unauthorized accessby third parties to stored USER information, for the loss or corruption thereof, nor for those interruptions of the SERVICES that occur as a result of force majeure events or causes that are beyondits control. The PROVDER shall undertake all reasonable and necessary steps to safeguard the information provided by the USER and CLIENT.

In the same way, the resolution time or the resolution of the incident itself cannot be guaranteed. The PROVIDER only undertakes to provide the best possible assistance.

The PROVIDER will not be liable for the damages that are incurred to the USER in the event that he has made an improper use of the SERVICES, nor will he be responsible for the falsity of the information providedby the USER at the time of his registration of registration in any of the SERVICES offered.

The PROVIDER does not control the applications of third parties, so it is not responsible for the execution, accuracy, integrity, quality, or direct or indirect damages caused by the use or impossibility of using them, intellectual property rights related to them, or for the effects on the operation of other applications or the operating system. In addition, the use of third-party applications may be governed by additional terms and conditions that are not set forth in these Terms and Conditions.

THE PROVIDER does not intervene in the creation, transmission, or in the provision of the information or the SERVICES disseminated, provided, stored, received, obtained, made available, or accessible through or through the equipment, systems and / or resources made available to the USER, not exercising any kind of prior control or guaranteeing the legality, infallibility and usefulness of the same, declining consequently any responsibility that may arise from it.

On the other hand, the USER is aware and accepts that the PROVIDER may display images, texts and advertising banners on its websites, for the sole purposeof facilitating the search and access to information, content and services available on the Internet, hyperlinks or technical link devices, which will allow the USER to access Internet sites or portals that may belong to or be managed by thirdparties. The PROVIDER will not offer or market on its behalf the information, content and services available on linked sites, nor does it approve, supervise or control them, and will not be responsible, in any case, for the contents and services or any material available there.

The USER knows and accepts that all costs related to the use of the SERVICES such as the costs of their computer resources, internet access and connection, including, among others, for the transmission and download of data, costs of data storage devicesand hardware, and electricity costs,are borne exclusively by the USER.

The USER is solely responsible for any claim or legal, judicial or extra judicial action, initiated by third parties both against the USER himself and against the PROVIDER, relating to the infringement of third-party rights and / or applicable regulations and arising from the illicit use of the SERVICES, assuming the USER how many expenses, costs and indemnities are irrogated to the PROVIDER due to suchclaims or legal actions.

The PROVIDER carries out processes of verification, detection and / or elimination of harmful elements and infected information on the USER's computerusing appropriate software. However, it cannot guarantee the effectiveness of the tools used or the absence of any external elements that may cause alterations in the equipment and computer applications of the USER. Therefore, it is the responsibilityof the USER to maintain an adequate and updated antivirus system, malware, adware, spyware and any other element that may render their information useless.

The PROVIDER excludes all responsibility for delays or failures that occur in the operation of its technological architecture, as well as for interruptions or malfunctions of the SERVICES, when they have their origin in breakdowns caused by naturaldisasters such as earthquakes, floods, lightning or fires, situations of forcemajeure, situations of extreme urgency, such as wars, military operations, civil unrest, strikes, lockouts, or are beyond your reasonable control.

THE USER will be responsible for verifying if the SOFTWARE that is going to be installed on his computer is compatible with the equipment that he currently has before proceeding to its installation since the PROVIDER is not responsible in any case for the possible damages or losses that the installation of the software can cause in his computer and information stored to it.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The USER assumes all responsibility and risks associated with the use of the software. The software is provided "as is", disclaiming any warranty. There is no guarantee that the software will meet your needs, nor that the software will be error-free. Any warranty orcondition, whether express or implied, including any implied warranties orconditions of merchantability, fitness for a particular purpose and regulatory compliance, as well as any warranties or conditions that may arise in the course of negotiations or in business practice, are excluded. No announcement or information, whetheroral or written,or from other sources, will generate any guarantee or condition, except those expressly described in this contract and without prejudice to the other provisions of the regulations.

10. MODIFICATIONS

Thecharacteristics of the SERVICES may be modified in order to adapt them to their technical evolution, when there are reasons for this, as well as any technical improvement that allows incorporating a greater number of benefits in order to improve the SERVICES. In any case, and whenever necessary, the PROVIDER will notify the USER of modifications.

All notifications, modifications and communications by the PROVIDER to the USER will be considered effectively for the purposes when they are made by sending by email to the address provided by the USER in the Registration Form of the SERVICES or by any other means through the tool itself.

The communications of the USER to the PROVIDER must be addressed to the following address: registro@actesupport.com

11. ACCESS AND USE OF THE SERVICE

If, as aresult of registration, the USER is provided with a license to use and / or password to access, he undertakes to make diligent use of it and keep itstrictly secret. The USER is solely responsible for the correct custody and strict confidentiality of any passwords, access data or other elements that are provided by the PROVIDER and undertakes not to assign their use to third parties, either temporarily or permanently. It will be the responsibility of the USER any illicit use of the SERVICES by illegitimate third parties who for this purpose use a password delivered to the USER by the PROVIDER. On the other hand, the identification and authentication by means of a USERNAME and password make theUSER possess such USERNAME and password,

It is the inexcusable obligation of the USER toimmediately notify the managers of the PROVIDER regarding any fact that allows or may allow the improper use ofthe keys and / or passwords, including (but not limited to) theft, loss and other similar circumstances. As long as such facts are not communicated to the PROVIDER, the PROVIDER will be exempt from any liability that may arise from an incorrect, fraudulent, mendacious orfraudulent use of such keys and passwords

12. COOKIES POLICY

Cookies are files that can be downloaded to the USER's computer through the web pages.These tools have anessential role for the provision of numerous services of the information society, among others, allow a web page the storage and retrieval ofinformation about the browsing habits of the USER or his equipment.

Depending on the information obtained, they may be used to recognizethe USER and improve the SERVICES offered.

Depending on the purposeof obtaining information about the USER, there are different types of cookies: 

Own cookies or third-party cookies: depending on who is the entity that manages the domain from where the cookies are sent and treats the data obtained.

Session cookies or persistent cookies: according to the period of time they remain storedin the USER's browser.

Finally, depending on the purpose for which the data obtainedis processed, thereare five types of cookies: technical, personalization, analysis, advertising and behavioral advertising cookies.

The cookies used below by the PROVIDER have the typologyand function:

Own cookies: They are managed by the domain to which the USER accesses and from which he requests a certain SERVICE.

Persistent cookies: They will remain on the USER's computer until a certain date. They will not be deleted once the USER leaves the web page that generated them.

Technicalcookies: These are those that allow the USER to navigate through a web page, platform or application and the use of the different optionsor services that exist in it,for example, control traffic and data communication or identify the session.

Personalization cookies: These are those that allow the person responsible for them to monitorand analyze the behavior ofthe USERS of the websites, application or platform and for the elaboration of navigation profiles of the USERS of said sites,applications and platforms, in order to introduceim provements based on the analysis of the usage data made bythe USERS of the service.

Analysis cookies: These are those that allow the person responsible for them to monitor and analyze the behavior of the USERS of the websites to which they are linked. The information collected is used in the measurement of the activity of the websites, application or platform and for the elaboration of navigation profiles of the users of said sites, applications and platforms, in order tointroduce improvements in the function of the analysis of the data made by theUSERS of the service.

At all times,and at least during the installation or updating of the browser, the USER hasthe possibility to accept or reject the installation of cookies on the USER's computer through the "Options" or "Preferences" of the menu of his browser.

In each browser the different operation, the "Help" function shows how to do it. These are the instructions to configure cookies in the main browsers:

Chrome: Settings> Show advanced options> Privacy> Content settings. Firefox: Tools> Options>Privacy> History> Custom Settings.

Internet Explorer: Tools> Internet Options> Privacy> Settings.Safari: Preferences> Security.

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13. DATA PROTECTION

The USER is informed and gives his consent for his personal data to be incorporated into the corresponding automated file of the CLIENT, authorizing the PROVIDER and / or its suppliers the treatment of the same for their use in relation to the development and execution of the SERVICES, in the form and with the limitationsof the provisions of Organic Law 15/1999, of December 13, Protection ofPersonal Data.

The USER may exercise, at any time, their right of access, rectification, cancellation and opposition, where appropriate, with respect to theirpersonal data in writing, by letter addressed to the address indicated in clause 2 or via e-mail to registration@ actesupport.com

The USER expressly allows the PROVIDER to send electronic communications.

14. CONFIDENTIALITY

The PROVIDER undertakes during and after the provision of the SERVICES to treat all the information handled, the results obtained on the occasion of the realization of the SERVICES, as well as the information that has been provided in a strictly confidential manner, using it exclusively forthe purposes expressed in these Generals and adopting the necessary security measures so that its content is not disclosed to unauthorized third parties. by the USER.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

The SOFTWARE and all rights, including without limitation the proprietary rights therein, are the property of the PROVIDER and/or its licensors and affiliates, and are protected by the provisions and other applicable national laws of the country in which itis used. The structure, organization and code of the software are valuable trade secrets and confidential information of the PROVIDER and / or its licensors and affiliates.

The software and services of third parties belong to the third party provider and it is the user's obligation to continue withthe intellectual and industrial property regulations indicated.

The USER may only use such software to access the SERVICES. Once the Original Agreement containing the SERVICES has been terminated, the USER must proceed to uninstall it, not being able to keep a copy of any of the applications that were installed.

The USER may not reproduce,alter, adapt or translate the software, nor perform acts of reverse engineering, decompiling, disassembling or in any way try to discover the source code of the software except to the extent that it is expressly authorized to decompile underapplicable law and only to achieve interoperability of the software. Inaddition, You may not rent, lease, loan, sell, redistribute or sub-license theSOFTWARE.

16. CANCELLATION OF SERVICES

The PROVIDER may with drawor suspend cautiously, the provision of the SERVICES to those USERS who fail to comply with the provisions of these General Conditions, duly communicating it,without prior notice.

17. COMPETENT APPLICABLE LAWS AND COURTS

The provision of the SERVICES object of this contract will be governed by the common Spanishlegislation or, in the case of consumersresiding in other countries of theEuropean Union, the legislation of their countryof residence in case (i) this is mandatory and (ii) grant greater guarantees to the consumer than Spanish legislation. In case of litigation, theparties expressly and voluntarily submit to the Courts and Tribunals of Madridcapital, expressly waiving their own jurisdiction, if they are another.