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SignaSuite Service General Terms and Conditions

Welcome to SignaSuite (hereinafter, the "Service"), offered by PEAKWAY SL., with TIN/CIF B-66460338, registered office at Carrer Gambús, 54, 2-5. inscrita en el Registro Mercantil de Sabadell al Tomo 44652, Folio 32, Hoja 462423, Inscripción 1 (hereinafter, the "Provider" or "We"). You can contact us via email at info@signasuite.com or at the indicated postal address.

These Terms and Conditions (hereinafter, "T&C") regulate the access and use of the Service by you (hereinafter, the "User" or "You"). The use of the Service implies full and unreserved acceptance of each and every one of the T&C set forth herein. If you do not agree with these T&C, you should not use the Service.

We recommend carefully reading these T&C before using the Service.

1. Purpose and Scope of Application

1.1. The purpose of these T&C is to regulate the contractual relationship between the Provider and the User for the provision of the Service, which consists of a software-as-a-service platform accessible online through https://signasuite.com and offering electronic signature and document management services.

1.2. These T&C will apply to any subscription plan, free trial or any other access modality to the Service offered by the Provider.

1.3. The contracting of services will be carried out in accordance with the provisions of Law 34/2002, of July 11, on information society services and electronic commerce and other applicable regulations.

2. Definitions

Service:

The SignaSuite software as a service platform and all its functionalities, tools, content and associated documentation, provided by the Provider.

User:

The natural or legal person who contracts, accesses and/or uses the Service. If the User is a legal entity, the natural person who accepts these T&C on its behalf declares and guarantees that they have sufficient authority to bind said entity.

User Account:

The individualized profile created by the User to access the Service, protected by access credentials.

User Content:

Any data, information, text, image, video or other material that the User uploads, sends, stores or processes through the Service.

Provider Content:

The Service itself, including its software, design, interfaces, texts, graphics, logos, trademarks and any other material protected by intellectual or industrial property rights owned by the Provider or its licensors.

Parties:

The Provider and the User jointly.

3. Access and Use of the Service

3.1. Registration and User Account

a. To access the Service, the User must register and create a User Account, providing truthful, current and complete information, as requested in the registration form. The User commits to keeping this information updated.

b. The User is solely responsible for the custody and confidentiality of their access credentials (username and password) and for all activities that occur under their User Account. They must immediately notify the Provider of any unauthorized use of their account or any other security violation.

c. The Provider will not be responsible for losses or damages arising from the User's breach of these security obligations.

d. The Service is not directed to minors under 18 years of age. If you are a minor, you should not register or use the Service. If the Provider detects that a User is under 18 years of age, it reserves the right to suspend or cancel their account.

3.2. License to Use

a. Subject to compliance with these T&C and payment of applicable fees (if any), the Provider grants the User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service solely for their internal purposes or the User's own commercial purposes and in accordance with the intended functionality of the Service.

b. This license does not imply the sale of the software or any intellectual property rights over the Service.

3.3. User Obligations

The User commits to:

  • a. Use the Service in accordance with the law, morality, public order and these T&C.
  • b. Not use the Service for illegal, fraudulent purposes or that may harm the rights or interests of the Provider or third parties.
  • c. Provide truthful and accurate information during registration and in the use of the Service.
  • d. Be solely responsible for the User Content uploaded or processed through the Service, guaranteeing that they have the necessary rights to do so and that said content does not infringe third party rights or any applicable regulations.
  • e. Not reverse engineer, decompile, disassemble or attempt to discover the source code of the Service.
  • f. Not rent, lease, lend, sell, distribute, sublicense, transfer or otherwise assign rights over the Service to third parties without the prior written consent of the Provider.
  • g. Not use the Service to transmit viruses, malware or any other malicious code.
  • h. Not interfere or interrupt the integrity or performance of the Service or the data contained therein.
  • i. Comply with all laws and regulations applicable to their use of the Service, including, without limitation, data protection regulations.

3.4. Prohibited Uses

The User is strictly prohibited from, among others:
  • a. Using the Service for illegal, defamatory, harassing, abusive, fraudulent, obscene activities or those that promote violence or discrimination.
  • b. Infringing the intellectual or industrial property rights of the Provider or third parties.
  • c. Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service.
  • d. Using the Service in a way that may damage, disable, overload or impair the Service or interfere with the use and enjoyment thereof by other users.

4. Economic Conditions

4.1. Prices and Fees

a. Access to certain Service features may be subject to payment of subscription fees, according to the plan chosen by the User. The applicable prices will be those published on https://signasuite.com at the time of contracting or renewal.

b. Unless otherwise indicated, prices do not include applicable taxes (such as VAT), which will be added to the final price.

c. The Provider reserves the right to modify fees at any time. Any change in fees will be notified to the User at least 30 days before taking effect. If the User does not agree with the new fees, they may cancel their subscription before the change becomes effective, in accordance with the Termination clause. Continued use of the Service after the new fees take effect will imply their acceptance.

4.2. Payment and Billing

a. Payment will be made by credit card, bank transfer or other accepted payment methods. The User authorizes the Provider to charge the corresponding amounts using the selected payment method.

b. Subscriptions will automatically renew for periods equal to those initially contracted, unless the User cancels their subscription before the renewal date.

c. The Provider will issue the corresponding invoices in accordance with current regulations. Invoices will be available to the User in their User Account or will be sent to the email address provided.

4.3. Non-payment

In case of non-payment or late payment of fees, the Provider reserves the right to suspend access to the Service until payment is regularized, without prejudice to other legal actions that may be available, including the accrual of late payment interest. The costs associated with claiming amounts owed will be borne by the User.

5. Intellectual and Industrial Property

5.1. Provider Content

a. All intellectual and industrial property rights over the Service, its software, source code, object code, design, interfaces, databases, texts, graphics, logos, icons, images, audio and video clips, and any other material that comprises it (the "Provider Content"), are the exclusive property of the Provider or its licensors.

b. These T&C do not grant the User any property rights over the Provider Content, beyond the limited use license granted in Clause 3.2.

c. Any form of reproduction, distribution, public communication, transformation, making available or any other act of exploitation not expressly authorized by the Provider over the Provider Content is prohibited.

d. SignaSuite and its logo are registered trademarks of the Provider.

5.2. User Content

a. The User declares and guarantees that they are the owner of all rights over the User Content or that they have obtained all licenses, rights, consents and permissions necessary to upload, use and process said User Content through the Service and to grant the Provider the necessary rights for the provision of the Service.

b. The User grants the Provider a worldwide, non-exclusive, royalty-free and sublicensable license (to its service providers necessary to operate the Service) to use, reproduce, modify, adapt, distribute and display the User Content, only to the extent necessary to provide, maintain, protect and improve the Service, as well as to comply with legal obligations. This license will end when the User deletes their User Content or User Account, unless it is necessary to retain it by legal requirement or for backup and disaster recovery purposes for a limited time.

c. The Provider does not acquire any property rights over the User Content, beyond the license granted herein.

d. The Provider does not monitor or control User Content, but reserves the right (though not the obligation) to remove or block access to any User Content that, in its judgment, violates these T&C or applicable legislation, without prior notice.

6. Personal Data Protection

6.1. The processing of the User's personal data and the personal data that the User may process through the Service will be governed by the provisions of our Privacy Policy, which forms an integral part of these T&C.

6.2. The User commits to comply with all applicable data protection regulations regarding User Content that includes personal data of third parties.

6.3. If the User uses the Service to process personal data for which they are responsible, and the Provider accesses said data for the provision of the Service, the Provider will act as a data processor. In such case, the obligations of the Parties will be governed by the corresponding Data Processing Agreement that will be attached as an annex to these T&C or made available to the User for acceptance. The User is responsible for determining whether said agreement is necessary and appropriate for their purposes.

7. Confidentiality

7.1. Both Parties commit to maintaining the confidentiality of all information to which they have access by virtue of the provision of the Service that is not in the public domain or whose disclosure has not been authorized by the other Party (hereinafter, "Confidential Information").

7.2. This confidentiality obligation will survive even after termination of the contractual relationship, in accordance with Article 5 of the Organic Law on Personal Data Protection and guarantee of digital rights.

7.3. The following will not be considered Confidential Information:

  • (i) is or becomes public domain through no fault of the receiving Party;
  • (ii) was already in possession of the receiving Party before being disclosed by the other Party;
  • (iii) is disclosed to the receiving Party by a third party without confidentiality obligation; or
  • (iv) must be disclosed by legal requirement or judicial or administrative order.

8. Service Level and Support

8.1. The Provider will strive to keep the Service operational and accessible. However, the Service is provided "as is" and "as available". Scheduled interruptions for maintenance or unscheduled interruptions due to causes beyond the Providers control may occur.

8.2. The specific service level will depend on the plan contracted by the User.

8.3. The Provider will offer technical support to the User via email at info@signasuite.com or chat on the platform during business hours.

9. Limitation of Liability

9.1. Disclaimer of Warranties

Unless expressly stated otherwise in these T&C or in applicable legislation that does not allow exclusion (especially if the User is a consumer), the Provider offers no warranty, express or implied, about the Service, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, secure or that defects will be corrected. The User acknowledges that the use of the Service is at their own risk.

9.2. Limitation of Direct Liability

To the maximum extent permitted by law, the Provider's total aggregate liability to the User for any claim arising from or related to these T&C or the Service, whether contractual, non-contractual (including negligence) or of any other nature, shall not exceed the total amount paid by the User to the Provider for use of the Service during the twelve (12) months immediately preceding the event that gave rise to the claim.

9.3. Exclusion of Indirect Damages

In no event will the Provider be liable to the User or any third party for indirect, incidental, special, consequential, punitive or exemplary damages (including, without limitation, loss of profits, loss of data, business interruption, reputational damage) arising from or related to the use or inability to use the Service, even if the Provider has been warned of the possibility of such damages.

9.4. User Content

The Provider will not be responsible for User Content or the consequences of its use, upload, transmission or processing through the Service. The User is solely responsible for backing up their Content.

9.5. Force Majeure

Neither Party will be responsible for breach or delay in fulfilling their obligations (except payment obligations) if such breach or delay is caused by circumstances beyond their reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, pandemics or shortages of transportation, fuel, energy, labor or materials.

9.6. Consumer Users

If the User is a consumer as defined in the Consolidated Text of the General Law for the Defense of Consumers and Users, the limitations of liability contained in this clause will apply to the extent that they do not contravene the imperative rights that assist them as a consumer.

10. Indemnification

The User commits to indemnify, defend and hold harmless the Provider, its directors, employees, agents and affiliates, against any claim, liability, damage, loss, cost and expense (including reasonable attorney fees) arising from or related to:

  • (i) the User's breach of these T&C;
  • (ii) the User Content, including any claim that such content infringes third party rights or is unlawful;
  • (iii) the misuse of the Service by the User; or
  • (iv) the User's violation of any law or right of a third party.

11. Suspension and Termination

11.1. Suspension

The Provider may suspend the User's access to the Service, totally or partially, immediately and without prior notice in the following cases:

  • a. Non-payment of applicable fees.
  • b. Serious or repeated breach by the User of these T&C.
  • c. If the User's use of the Service poses a risk to the security or integrity of the Service, the Provider or other users.
  • d. By legal requirement or competent authority.

The Provider will notify the User of the cause of suspension and, if remediable, will grant a reasonable period to correct the breach.

11.2. Termination by the Provider

The Provider may terminate this contract and cancel the User Account:

  • a. With 30 days' notice for any reason, without need for just cause (especially for free plans or if this option is contemplated).
  • b. Immediately in case of serious breach by the User of these T&C that has not been remedied after prior notice, or if the breach is not remediable.
  • c. If the User enters bankruptcy, liquidation or cessation of activity.

11.3. Termination by the User

The User may cancel their subscription and User Account at any time through the mechanisms enabled on the platform or by notifying the Provider. The cancellation will be effective at the end of the current subscription period, unless otherwise agreed. No refunds will be made for unused periods, unless required by law.

11.4. Consequences of Termination

a. After termination, all User rights to access and use the Service will cease.

b. The Provider will have no obligation to retain User Content after termination, and may delete it from its systems in accordance with its Privacy Policy and applicable regulations. It is the User's responsibility to export their Content before termination.

c. Clauses that by their nature should survive termination (including, without limitation, Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, Applicable Law and Jurisdiction) will remain in force.

12. Modifications

12.1. Modification of T&C

The Provider reserves the right to modify these T&C at any time. Any modification will be notified to the User through the platform, by email or any other means the Provider deems appropriate, at least 30 days before taking effect. If the User does not agree with the modifications, they must stop using the Service and may cancel their account before the modifications take effect. Continued use of the Service after the modifications take effect will constitute acceptance of them.

12.2. Modification of the Service

The Provider reserves the right to modify, suspend or discontinue, temporarily or permanently, any aspect of the Service (including features or prices) with or without prior notice. The Provider will not be liable to the User or third parties for any modification, suspension or interruption of the Service, to the extent permitted by law.

13. Applicable Law and Jurisdiction

13.1. These T&C will be governed and interpreted in accordance with the laws of Spain.

13.2. For any controversy that may arise in relation to the interpretation, compliance or breach of these T&C, the Parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city of Sabadell, waiving any other jurisdiction that may correspond to them.

13.3. If the User is a consumer, this clause will not affect the rights recognized by current legislation, being able to choose to file a claim before the Courts or Tribunals of their domicile.

13.4. Before resorting to judicial proceedings, the Parties commit to attempting to resolve any dispute amicably.

14. General Provisions

14.1. Notifications

All notifications between the Parties shall be made in writing. Notifications to the Provider must be addressed to info@signasuite.com or to its registered office. Notifications to the User will be made to the email address provided in their User Account or through the Service platform.

14.2. Assignment

The User may not assign their rights and obligations under these T&C without the prior written consent of the Provider. The Provider may assign its rights and obligations under these T&C to any third party, for example, in case of merger, acquisition or sale of assets, by notifying the User.

14.3. Partial Nullity

If any clause of these T&C is declared null or unenforceable by a competent authority, such nullity or unenforceability will not affect the rest of the clauses, which will remain in full force and effect. The null or unenforceable clause will be replaced by a valid one that approximates as closely as possible to the original intention of the Parties.

14.4. Complete Agreement

These T&C, together with the Privacy Policy and any other legal document incorporated by reference (such as the Data Processing Agreement, if applicable), constitute the complete agreement between the Provider and the User in relation to the Service, and replace all previous agreements, communications and understandings, whether oral or written.

14.5. No Waiver

The Provider's failure to exercise any right or provision of these T&C will not constitute a waiver of such right or provision, unless acknowledged and agreed in writing.

14.6. Language

The contractual language of these T&C is Spanish. Any translation into other languages is provided solely for the User's convenience and will have no legal effect. In case of discrepancy between the Spanish version and any translation, the Spanish version will prevail.

14.7. General Information of the Provider

In accordance with Article 10 of the Law on information society services and electronic commerce, it is reported that:

  • Company name: PEAKWAY SL.
  • NIF/CIF: B-66460338
  • Address: Carrer Gambús, 54, 2-5.
  • Email: info@signasuite.com
  • Registry data: Registered in the Commercial Registry of Sabadell, Tomo 44652, Folio 32, Hoja 462423, Inscripción 1.
  • Phone: +0034 93 177 02 69

15. Contact

If you have any questions about these T&C or the Service, you can contact us at:

Company:
PEAKWAY SL.
Address:
Carrer Gambús, 54, 2-5.
Email:
info@signasuite.com
Phone:
+0034 93 177 02 69
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