Cybertiks Terms of Use
The terms of use hereof ("Terms") describe our commitments to you and your rights and covenants when using applications, web pages, content, purchasing products and related products ("Products") made available by Human Dynamics, SL, a company duly incorporated under Spanish law, or by any of its subsidiaries or affiliates (any of them or jointly, "Cybertiks"), domiciled at [*], who markets and makes available certain web page named www.cybertiks.com or web pages through which Products can be offered by Cybertiks from time to time for the Users (as defined below) ("Platform").
Any individual or legal entity who registers and uses the Platform shall be named a "User", provided that, said User may be a person who purchases Cybertiks' Products or the person who registers as a Platform's user, notwithstanding it does not purchase any of Cybertiks's Products. If you use or acquire our Products on behalf of another individual or legal entity, you hereby represent and warrant that you have requisite power and authority to accept the Terms on behalf of such individual or legal entity, and that if the User, or said individual or legal entity, violate the Terms, the User and said individual or legal entity agree that they shall be responsible to Cybertiks in the terms hereof.
Please read these Terms carefully before accessing the Platform or using our Products or the Platform. By accessing or using any part of our Products or the Platform, the User agrees to be bound by the Terms, provided that said Terms represent a legally binding agreement between the User and Cybertiks, provided further that such use of the Platform shall be understood as your full, unconditional, and express adherence to these Terms. In turn, you accept that we can amend or update our Product offering without your consent, and the Terms hereof (if applicable the Specific Terms) shall be applicable to any amendments.
We inform you that any questions or comments regarding these Terms may be sent to the contact information established in the sub-section called "Notices" hereof.
By menas of the Terms hereof, Cybertiks authorizes the Users the use of the Platform, who may use it to purchase Products, as they become available through the Platform from time to time, provided that, specific terms may be set forth for each Product, which shall be agreed by the User in the Terms hereof or prior to the acquisition of a Product, as available from time to time ("Specific Terms").
It hereby agreed that the Products may consist of reports that are created by or using Cybertiks' or third-party technology and that shall be provided to the User according to the specific terms applicable to each Product, as established from time to time in the Terms or in the Specific Terms (such reports, the "Deliverables").
2.1 General User Account Provisions. The User agrees to provide us with complete and accurate information and to keep the information updated, and grants us permission to obtain, verify and record information that identifies him as the person who creates an account, or accesses the Platform.
We may need to send you emails about important updates (such as changes to our Terms or privacy notice). Once the User successfully completes his registration, he, she, or it may be enabled to use the Platform.
We may limit your access to our Platform until we can verify your account information, such as your email address, or in the event you have provided false or incorrect information we may limit your access to our Platform at Cybertiks' sole discretion.
The User is solely responsible for all activity in his account. Also, you are fully responsible for keep your account secure (including keeping your password secure), thus we are not responsible for any act or omission by you in connection with your account or the Platform, including damages of any kind incurred as a consequence of your acts or omissions.
Do not share or misuse your login credentials and notify us immediately of any unauthorized use of your account or any other breach of security. If we believe your account has been compromised, we may suspend or disable your account.
2.2. Use of the Account. The User agrees not to do the following:
operations that may interfere, interrupt, or stop the operation, through any computer and/or malicious tool such as a virus, spyware, malware, trojan horse or any other file or program that is invasive or that may provide elements for tracking, remote domain or another action different from the normal use of the Platform.
not to attempt to copy, modify, duplicate, create derivative works from, transmit or distribute all or any part of the technology and/or the Deliverables in any form or media or by any means.
attempt to decompile, reverse compile, edit, disassemble, reverse engineer or otherwise reduce to a human-perceivable form all or any part of the technology or do any of the foregoing to the detriment of any element of the Platform or in relation to the Products.
obtain, attempt to obtain, or assist any third party in obtaining access to the technology.
introduce or allow the introduction of any virus or vulnerability into Cybertiks' network and information systems.
create databases about the platform and/or its operation, which includes the use of bots used to index or compile information, without prior written authorization from Cybertiks.
The User may cancel his, her or its account at any time by sending an email to the email account: info@cybertiks.com or as available by any other means through the Platform from time to time.
For more information on how we use your data, please consult our privacy notice.
You may use our Platform only if you can legally enter into a binding agreement with us. In other words, if you are under the age of 18 (or the legal age required where you live), you may only use our Products and Platform under the supervision of a parent or legal guardian who agrees to the Terms. If you register as a user or use our Products or Platform, you represent that you are at least 18 years of age or that you have the corresponding authorizations to do so under applicable law.
The User represents and warrants that:
The use of the Platform in accordance with the Terms does not release the User from the obligations in accordance with the laws, regulations or any other applicable local, state, or federal legal rules, thus the User shall refrain from carrying out acts that impair, deteriorate, disable or damage the Cybertiks' image or in any way harm the rights or interests of third parties, that are either directly or indirectly linked to Cybertiks.
5.1 Data truthfulnessThe User acknowledges that Cybertiks will not carry out any investigation to validate the accuracy and veracity of the data provided by the User, therefore, if they present omissions, inaccuracies, or errors, Cybertiks is released from any liability regarding any damage that they could cause the User. Therefore, the User must correct or provide any relevant information that is incorrect or missing. Additionally, the User is solely responsible for any claim, including, among others, sanctions from governmental authorities, and other fines that may be applicable for failing to provide and maintain accurate and complete relevant information at all times. It shall be understood that the continuation of the use of the Platform implies the acceptance that all the information is correct and does not contain any errors.
5.2 Validity of the authorization to use the Platform_. It is understood that the User may use the Platform indefinitely, until there is an instruction for deletion, blocking or cancellation by the User, which must be requested in writing to the following email address info@cybertiks.com, or as revoked for misuse at the sole discretion of Cybertiks.
5.3 Uninterrupted access to the Platform_. Neither Cybertiks nor its affiliates guarantee that the Platform shall be free of errors or that access to it shall be continuous or uninterrupted or that it is available in any geographic location.
From time to time, scheduled system maintenance or emergency maintenance may occur, and during such maintenance periods, the Platform may be inaccessible and unavailable, with or without notice to User.
To carry out maintenance work, Cybertiks may suspend access and/or modify the content, as well as eliminate or disable access to the Platform or the Products, without prior notice. Access to the Platform and the Products depends on the availability of the User's network, thus Cybertiks shall not be liable for any impossibility in the access originating from circumstances beyond the control of Cybertiks, as well as by accident or force majeure. Cybertiks, when deemed necessary for the proper functioning of the Platform, may patch, update, fix bugs and carry out minor improvements to the Platform.
Each of the Parties hereto shall comply with applicable tax law to them and shall pay all the contributions and taxes that are applicable thereof ("Taxes"). Due to the foregoing, Cybertiks will make the withholdings and the entire amounts of Taxes that are applicable, notwithstanding, the User is responsible for paying all applicable Taxes that originate from or are related to the use of the Platform. If Cybertiks is obliged to pay or collect additional Taxes to those withheld and received, the User undertakes to reimburse Cybertiks for said Taxes generated or to authorize additional withholdings.
The applicable value added tax shall be added to all rates indicated from time to time on the Platform and shall be transferred to the User as permitted under applicable law.
When applicable, Users as soon as possible after making the applicable payment may request an invoice in accordance with applicable and current tax law, which must be issued by Cybertiks. If it is not requested before of the closing of said month in which a purchase has been made, it shall be invoiced in accordance with the applicable tax law. Users may request an invoice to info@cybertiks.com.
The User may carry out the corresponding payments for the purchased products through the Platform. The authorized payment methods are those that are available from time to time through the Platform at the discretion of Cybertiks.
In addition to the foregoing, we are not responsible for any use or effects of the content of third-party websites or applications. For this reason, without said list being exhaustive:
We have no control over third party websites.
A link to or from one of our Platform does not represent or imply that we endorse any third-party website, thus the User should review each of the terms that are applicable thereof.
We do not endorse any content or make any representations that the content is accurate, useful, or up to date.
Due to the foregoing, the User is responsible for taking the necessary precautions to protect himself, herself or itself and his computer systems from viruses, worms, trojan horses and other harmful or destructive content.
8.1 _DeliveriesThe User agrees that the Products do not involve a physical delivery thereof and that it does not imply the delivery of the technology that allows for their elaboration. The only obligation of Cybertiks regarding the delivery of the Products, shall be to deliver the Deliverables, as established from time to time in the Terms or in the Specific Terms.
8.2 Returns and Refunds. No returns or refunds regarding the Products are available, and all payments are final. Notwithstanding the foregoing, any matter thereof may be received by the customer service team and if required by applicable law, may be subject to a refund.
Cybertiks shall have no obligation to verify the accuracy of the data that the User provides us by any means, and Cybertiks will rely on the information provided by the User, therefore Cybertiks is not responsible for any errors resulting from such information.
Due to the foregoing, if Deliverables depend on data provided by the User, the User is responsible for entering the data into the Platform, thus Cybertiks shall not be responsible for any User errors in this regard and shall carry out the delivery of the applicable Deliverables in the terms and strictly subject to the data provided by the User.
The Products will not have any guarantee, except as required by applicable law.
Any Deliverables are proprietary and confidential documents, thus neither all nor part of the information contained therein shall be disclosed to, or used by, any other person or used for any purpose other than that expressly agreed with Cybertiks.
Therefore, if the User wants to resell or dispose of any of the Deliverables in any way, they must obtain prior written consent from Cybertiks.
No representation, warranty, or assurance of any kind (whether express or implied) is given as to the accuracy, completeness or reasonableness of all or any part of the information in the Deliverables. Neither Cybertiks nor its affiliates nor any person assumes any obligation to update or correct the Deliverables, nor do they assume any duty or liability to any person in connection with any Products or Deliverables.
The Deliverables shall comply with the descriptions as may be established from time to time in the Special Terms.
We are not able to determine whether any of the information in the Deliverables should be directed to competent authorities and, if so, the recipient must comply with applicable law.
The User agrees to indemnify and hold harmless Cybertiks and its directors, officers, brokers, employees, partners, suppliers from and against all losses, liabilities, demands, damages, costs, claims and expenses, including attorney's fees, arising out of or related to your use of our Products or the Platform or acts or omissions related thereto, originating from any violation of the Terms or applicable law by the User. The foregoing, notwithstanding the Cybertik's right to carry out the necessary legal actions to claim the damages that said actions by the User can cause them.
Neither Cybertiks nor any other party involved in the creation, production or delivery of the Platform, the Products or the products offered through Cybertiks, shall be responsible for any damages, loss of data, interruption of the Products, damage to your computer or system failure, or the cost of substitute products arising out of or in connection with these Terms, or any of the Products, whether such damages are based in agreements, tort (including negligence), or any other legal theory. In no event shall Cybertiks' total liability to Users for any claim arising out of or related to these Terms or any Specific Terms, exceed the amounts Cybertiks has received under the Products in the period of (12) months immediately preceding the event giving rise to the applicable claim. The exclusions and limitations of damages established above decisively define Cybertiks' contractual intent in entering into the Terms hereof and any Specific Terms.
The Terms do not transfer to the User any type of intellectual or industrial property, property of Cybertiks or third parties, and all rights, titles and participation over said intellectual or industrial property belong solely to Cybertiks. Cybertiks and all other trademarks, product marks, graphics and logos used in connection with the Platform or the Products, are trademarks or registered trademarks of Cybertiks or third parties.
The User acknowledges that the Platform and the Products are protected by intellectual property, industrial property, copyright, and other applicable law. The User agrees not to remove, alter, or hide any copyright, trademark, product brand or other intellectual or industrial property rights notices incorporated into or accompanying the Platform. The use of our Products or Platform does not grant the User any right or license to reproduce, modify or otherwise use any of our trademarks or those of third parties.
Due to the foregoing, the User is prohibited from using any of Cybertiks' trademarks, unless expressly authorized and in the terms as authorized, and the User shall not use for their own benefit or that of third parties, registered or unregistered trademarks, inventions, logos, domain names and other distinctive characteristics of any trademarks contained in the Platform.
We love hearing from the User and are always looking to improve our Products and Platform. When you share comments, ideas, or comments with us, you agree that we are free to use them without any restriction or compensation to the User.
We may update, amend, or discontinue any aspect of our Products (including Deliverables) at any time. As we constantly update our Products, sometimes the legal terms under which they are offered must be amended. We will inform you when changes are made, either we will post them on the Platform and update the "last updated" date, or we may also send you an email or other communication before the amendments are in effect, without it being understood that such notification is essential for the effectiveness of said amendments. Your use of our Products or the Platform after the new Terms come into effect shall be subject to the new terms and will constitute your full, unconditional, and express acceptance and adherence to the new terms or the Specific Terms, thus additional acceptance by the User shall not be required. Therefore, if you do not agree with the amendments to the Terms or the Specific Terms, you must stop using the Platform or acquiring any of our Products.
We may terminate your access to all or part of our Products or Platform at any time, with or without cause, with or without notice, effective immediately and in Cybertiks' sole discretion (including in relation to activities or transactions that expose the User or Cybertiks to other unacceptable risks, as determined by us in our sole discretion) or by virtue of an applicable governmental authority's order.
Additionally, we have the right (but not the obligation), in our sole discretion, (i) to reclaim your username due to prolonged inactivity, or (ii) to terminate or deny access and use of any of our Products or Platform to any individual or legal entity for any reason, in compliance with applicable law.
These Terms were originally written in Spanish. We may translate these Terms into other languages and, in the event of a conflict between a translated version of these Terms and the Spanish version, the Spanish version shall prevail, except for the "Jurisdiction and Applicable Law" clause set forth herein, which shall prevail.
19.1 Entire Agreement. The User acknowledges and accepts that Cybertiks made available all the information necessary to understand the scope and characteristics of the Platform and Products. Likewise, you acknowledge and accept that the Terms (including any applicable Specific Terms), constitute the entire agreement between Cybertiks and the User with respect to the Platform and the Products, and supersede any other proposal or agreement, whether oral or written, including, without limitation, all communications and correspondence between the parties in relation to said subject matter.
19.2 Severability. If any part of the Terms is found to be illegal, void, unenforceable, or invalid, that provision is severable from the Terms or the Specific Terms, respectively, and shall not affect the validity, applicability, or enforceability of the remainder of the Terms and the applicable Specific Terms. A waiver by either party of any term or condition of the Terms or the Specific Terms or any breach thereof, in any event, shall not constitute a waiver to such term or condition or any subsequent breach thereof.
19.3 Assignment. Cybertiks may assign its rights under the Terms or the Specific Terms without any condition or authorization from the User. The User may only assign its rights under the Terms or the Specific Terms or his account in Cybertiks if the User obtains Cybertiks' prior written consent.
19.4 Force Majeure. Cybertiks shall not be responsible for the delay or failure of the Product or its obligations under these Terms or the Specific Terms, when there are events that occur beyond Cybertiks' control, including, but not limited to: any act of god, natural disaster, fire or other catastrophe, war (whether declared or not), civil disturbances, strikes, labor dispute, court order, force majeure, interruption of communications or computer facilities and means of payment, or any other event outside of Cybertiks' control, including changes due to decrees or changes in administrative, legislative or judicial provisions and even breaches by providers or other third parties related to the Products or the Platform.
19.5 Notices. All notifications that we must deliver to the User in accordance with this shall be made through the Platform or the email provided by the User. Notwithstanding the foregoing, the User accepts that Cybertiks, if applicable, may communicate with the User through push notifications, Whatsapp, Facebook Messenger, social networks, internal chats, among others.
In the event that the User wants to contact us for any reason, they may do so on business days and commercial hours at the address indicated in the preamble hereof or at the following email: info@cybertiks.com and we will return to the User as soon as possible and in terms of the applicable law.
19.6 Relationship between the Parties. The User acknowledges and agrees that nothing in these Terms or in any Specific Terms constitutes in any way any type of partnership, association, joint venture, or employment relationship between Cybertiks and the User.
Due to the foregoing, the User assumes responsibility for his staff and employees, which means that Cybertiks shall not be considered an employer substitution in any way, nor as beneficiary employer, therefore, under the User's strictest responsibility, in the case of labor claims, you must assume them without involving Cybertiks, releasing Cybertiks from any relationship or lawsuit filed against Cybertiks, thus the User agrees, regardless of the above, to pay the damages actually caused to Cybertiks, including attorneys' fees, and holding Cybertiks, its personnel, employees and suppliers harmless in the case of any claim that may arise regarding ordinary and/or extraordinary benefits derived from the employment agreement or the corresponding provision of services, as applicable or from labor law, social security or any other applicable law, and the User undertakes to re reimburse Cybertiks for any amount that may be disbursed as a result of said claim, including legal fees, expenses and costs. What is stated in the immediately preceding sentence does not limit the generality of the provisions of the section called "Indemnity".
19.7 Consequence of User Defaults Without prior notice Cybertiks may deny payments, cancel orders for Products or Deliverables, and suspend accounts under any reasonable suspicion of non-compliance by the User with these Terms.
19.8 Evidence. The User accepts that a printed version of these Terms, and of any communication sent and/or received electronically, shall be admissible as evidence in any judicial and/or administrative proceeding, including records on the Platform that may be used to evidence their use of the Platform as express consent of their authorization of these Terms or the Specific Terms.
19.9 Jurisdiction and Applicable Law These Terms and any applicable Specific Terms shall be governed and construed in accordance with laws of Spain. All disagreements arising from these Terms and the Specific Terms, including the existence, validity, termination, interpretation or execution will be definitively resolved via arbitration administered by the European Association of Arbitration, in accordance with its regulations in force on the date on which the arbitration request is presented and the concerned parties are aware of this. The concerned parties accept that the arbitration tribunal composed for such a purpose be made up of one sole Arbitrator and the language of arbitration will be Spanish and the arbitration proceedings will be held in Madrid, Spain.