Terms of Service

The following terms and conditions (“Terms”) govern all use of the napptive.com and associated domains, websites and all content, services, and products available at or through the website (our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Napptive Privacy Policy), and procedures that may be published from time to time by Napptive (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Napptive Solutions S.L is the owner of the Napptive Services. Its domicile is located in Calle de Suecia, 10 3B, 28942, Fuenlabrada (Madrid), and its CIF is B-02744027. It’s subscribed in the Registro Mercantil de Madrid, at Tomo 41237, Sección 8, Folio 210, Hoja M-731040, Inscripción 1ª, with the following e-mail address: hello@napptive.com.

We refer to Napptive Solution S.L . as “Napptive” or “we” throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Napptive, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Use of our Services requires a Napptive account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Fees, Payment, and Renewal.

Fees

Some of our Services are offered for a 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’ll bill or charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.

Payment

If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Automatic Renewal

To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Napptive annual plan, you will be charged each year.

Refunds

While you may cancel a Paid Service at any time, refunds are issued at our sole discretion.

Fee Changes

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

Copyright Infringement and DMCA Policy

As Napptive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Napptive.com violates your copyright, you are encouraged to notify Napptive in accordance with Napptive’s Digital Millennium Copyright Act (“DMCA”) Policy. Napptive will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Napptive will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Napptive or others. In the case of such termination, Napptive will have no obligation to provide a refund of any amounts previously paid to Napptive.

Intellectual Property

This Agreement does not transfer from Napptive to you any Napptive or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Napptive. Napptive, Napptive.com, the Napptive.com logo, and all other trademarks, service marks, graphics and logos used in connection with Napptive.com or our Services, are trademarks or registered trademarks of Napptive or Napptive’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Napptive or third-party trademarks.

Personal Data Protection

Napptive respects the new General Data Protection Regulation (GPDR) 2016/679 of the European Parliament and the Council as a data processing manager.

On behalf of the company, we treat the information you provide to us in order to provide the requested Service and perform the invoicing thereof. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with the legal obligations. The client consents the personal data collected by Napptive may be transferred to the final providers, with the same purpose as the responsible, as well as in cases where there is a legal obligation. You have the right to obtain confirmation on whether we are treating your personal data so you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.

This policy is applied to the treatment of the data provided by the users of the different web pages under the Napptive brand, an exclusive property of Napptive. or its affiliates. This policy is also extended to users subscribed to our newsletter or other promotions or commercial communications and to large accounts that contact us directly for large volume orders.

Data Use

We use your personal data to:

• Management of your relationship with us.
• Contact you and manage all the request you are asking us.
• Provide our Services, as described in our Terms.
• Creating and managing your demo account.
• Measure and improve our services and features.
• Provide you with customer contact and support.
• Send any newsletters, notification emails or commercial communications in general about our products and services and any new features, offers or promotions offered by us, when applicable.

Acceptable Use

Use of the Services is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Napptive in its sole discretion, we may warn you or suspend or terminate your account.

Prohibited Content

The Content displayed and/or processed through your Application or other web site utilizing our Services shall not contain any of the following types of content:

1. Content that infringes a third party’s rights (e.g., copyright) according to applicable law.
2. Excessively profane content.
3. Hate-related or violent content.
4. Content intended to advocate or advance computer hacking or cracking.
5. Gambling.
6. Illegal activity, including without limitation illegal export of controlled substances or illegal software.
7. Phishing.
8. Malicious content.
9. Other material, products, or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Prohibited Actions

In addition, you may not and may not allow any third party, including your end users, to:

1. To generate, distribute, publish, or facilitate unsolicited mass email, promotions, advertisements, or other solicitations (“spam”).
2. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
3. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
4. Create accounts with automation or register accounts in the bulk account without prior written approval from Napptive.
5. Use our Services to violate the legal rights (such as rights of privacy and publicity) of others.
6. Promote or encourage illegal activity.
7. Interfere with other users’ enjoyment of our Services.
8. Perform load testing.
9. Sell, trade, or resell access to our Services.
10. Modify, adapt, translate, or reverse engineer any portion of our Services.
11. Use our Services in connection with peer-to-peer file sharing.
12. Use our Services to “mine” cryptocurrencies or bitcoins.
13. Use our Services to run “Minecraft” or similar servers.
14. Use our Services to operate an “open proxy” or any other form of Internet proxy service that is capable of forwarding requests to any End User or third party-supplied Internet host.
15. Use our Services, or any interfaces provided with our Services, to access any Napptive product or service in a manner that violates the Terms or other terms and conditions for use of such Napptive product or service.

Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on 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 disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Napptive may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Napptive.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” Napptive and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Napptive nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Kingdom of Spain. To resolve any doubt or divergence that may arise between the parties with respect to compliance or interpretation of the clauses of this Agreement, both parties, by mutual agreement, submit to the jurisdiction and competence of the Courts and Tribunals of Madrid, Community of Madrid, with the other party renouncing to his own jurisdiction if it is different.

Limitation of Liability

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

Indemnification

You agree to indemnify and hold harmless Napptive, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Napptive and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Napptive, or by the posting by Napptive of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Napptive may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assignments.