This document is an automatic translation that may contain non-accurate terms from the original one in Spanish language, which is the valid legal reference: https://napptive.com/contracting-terms-es

CONTRACTING TERMS

Rates, payment and renewal.

Fee

Some of our Services are offered for a specified fee, while other Services may be free with optional paid upgrades (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we will bill or charge you at regular intervals (such as monthly or annually), on a prepaid basis until you cancel the contracted services, which you can do at any time by contacting Contact the appropriate support team.

Payment and method of payment. 

If your payment fails or the Payment Services are not paid on time, we may immediately cancel or revoke your access to the contracted Services, without the need for prior notice. If you give the order or communicate to your bank or credit company the rejection of collection from the entity or reverse the charge of fees for contracted Services, NAPPTIVE may also revoke your access to our Services in general.

Automatic renewal

To ensure uninterrupted service, our Payment Services are automatically renewed. This means that unless you cancel the Services before the end of the applicable subscription period, it will automatically renew and you authorize us to bill you or use any payment mechanism we have on file so that NAPPTIVE can collect the subscription fee applicable at that time ( as well as any taxes). Your payment methods are renewed for the same period of time.

For example, if you purchase an annual plan from NAPPTIVE, you will be charged annually and renewed annually unless prior notice of service cancellation is given.

Refunds
Although you can cancel a paid service at any time, refunds are issued at our sole discretion, without exceeding an excessively long period of time to make said refund effective.

Changes in rates
We can change our rates at any time. Should this occur, NAPPTIVE will notify you in advance of the aforementioned rate changes. If you do not agree with the changes in the rate, you can cancel the contracted services that suffer the aforementioned changes.

COPYRIGHT AND INTELLECTUAL AND INDUSTRIAL PROPERTY

The contents accessible through the services or products provided by NAPPTIVE are subject to intellectual and industrial property rights. The provision of the service, in any of its cases, will entail the transmission, assignment, resignation, total or partial or any other legal business on the intellectual and industrial property of the contents. For this reason, you will not be able to carry out any type of legal, public or private business, whether onerous or free, through yourself or through third parties, natural or legal, unless expressly authorized in writing by the company. The company is not responsible for possible claims of any kind derived from the content that you transmit from third parties protected with intellectual, industrial or copyrights, being the sole and exclusive party responsible for such claims. You may not present yourself to third parties as a representative of the company or use the brand, logo, know-how, trademark, advertisements, methods used, etc., without prior written consent of the company.

With the contracting of services or products offered by NAPPTIVE, you are not transferring, transmitting, allowing, making use or carrying out any legal business for free or onerous with the intellectual or industrial property owned by NAPPTIVE or third parties. Likewise, all rights, titles and interests are the sole and exclusive property of NAPPTIVE, including the NAPPTIVE logo, website, domain, and all other trademarks, service marks, graphics and logos used by NAPPTIVE or our partners or suppliers. . NAPPTIVE trademarks or registered trademarks, after trademarks, service marks, graphics and logos used by NAPPTIVE in connection with our Services may be trademarks of related or unrelated third parties. The use of our Services does not grant you any right or license to reproduce or otherwise use any trademark of NAPPTIVE or third parties unrelated to it or not, or, ultimately, to do any type of legal business either for consideration or free of charge, by itself or through third parties, individuals or legal entities.

NAPPTIVE respects the intellectual property rights of third parties. If you believe that the material located on your website or linked to it violates your copyright, intellectual or industrial property, it is recommended that you notify NAPPTIVE of said situation, through the contact forms and in accordance with the Policy privacy policy published on our website. NAPPTIVE will respond to all of these notices, including as necessary or appropriate, by removing the infringing material or disabling all links that communicate with or create access to the infringing material. NAPPTIVE will terminate access and use of the website by a user or visitor if, in appropriate circumstances, it is determined that the website is an infringer of the copyright or other intellectual property rights of NAPPTIVE or related or unrelated third parties. the society. In the event that as a consequence of infringing the rights indicated here, the commercial relationship with the infringing subject is canceled, NAPPTIVE will not have the obligation to provide the reimbursement of the amounts paid by the aforementioned prior to the infringing act.

CHANGES

NAPPTIVE constantly updates the services and products it offers, that means that sometimes we have to change the legal terms under which they are offered. If we make changes that are material, we will let you know by posting to one of our blogs or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you do not agree to our changes, you may cancel our contracted services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose prior to the changes will be governed by the Terms (including the binding individual arbitration clause) that were in effect when the dispute or controversy arose.

TERMINATION

NAPPTIVE may terminate your access to all or part of our services at any time, with or without cause, with or without prior notice, effective immediately. If you wish to terminate this Agreement or your www.napptive.com website account (if you have one), you can simply stop using our Services and cancel your payment and subscription methods. All the provisions of this Agreement that, by their nature, must remain in force after the termination of the relationship, will do so, taking full effect, such as, among others, the provisions of intellectual and industrial property, warranty waivers, compensation and limitations of liability.

LIMITATION OF LIABILITY AND WARRANTIES. INDEMNIFICATIONS

In no event shall NAPPTIVE, or its suppliers or licensors, be liable with respect to any subject of these conditions and terms under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of acquiring substitute products or services; (iii) due to interruption of use or loss or corruption of data; or (iv) for any amount that exceeds the fees paid by you to NAPPTIVE under these conditions during the twelve (12) month period prior to the cause of the action. NAPPTIVE will have no responsibility for any failure or delay due to matters beyond its reasonable control. The foregoing will not apply to the extent prohibited by applicable law.

Our Services are provided “as is”. NAPPTIVE and its suppliers and licensors disclaim all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Napptive nor its suppliers and licensors guarantee that our Services will be error-free or that access to them will be continuous or uninterrupted. If you are actually reading this, understand that you download or obtain content or services or products offered by NAPPTIVE at your own risk and expense, expressly accepting it and exonerating, at the same time, NAPPTIVE from any responsibility related to them.

You agree to indemnify and hold harmless NAPPTIVE, its contractors and its licensors, and their respective directors, officers, employees and agents and against any and all claims and expenses, including attorneys’ fees, arising out of the use of our Services, including, among others, the breach of the conditions that you have accepted and that are developed or throughout this document, as well as the conditions of use and privacy policy.

MISCELLANY

These terms and conditions constitute the sole and complete agreement between NAPPTIVE and you with respect to the subject matter of this document, and can only be modified by a written amendment signed by NAPPTIVE, or by the publication by NAPPTIVE of an updated and revised version.

If any part of this Agreement is considered invalid or unenforceable, that part will be construed as reflecting the original intention of the parties or will be excluded from the contract and, those clauses or terms that are not considered as such, will remain in full force. and effect.

NAPPTIVE may assign its rights and obligations under this Agreement to any third party, whether a natural or legal person, subrogating these in the aforementioned rights and obligations; This Agreement shall be binding and secured for the benefit of the parties, their successors, and permitted assignments.

JURISDICTION AND APPLICABLE LAW

Except to the extent that applicable law, if any, provides otherwise, these conditions or terms, any access to or use of our Services will be governed by the laws of the Kingdom of Spain. To resolve any doubt or discrepancy that may arise between the parties regarding the fulfillment or interpretation of the clauses of these conditions, both parties, by mutual agreement, submit to the jurisdiction and competence of the Courts and Tribunals of Madrid, Community of Madrid , the other party renouncing its own jurisdiction if it were different.