General Terms of Use of the Quipu platform

Preamble

Use of the Platform, whether in its free version (Free trial) or paid version (when the client has a paid access account to the Platform), is subject to compliance with these GTU, which the user (hereinafter, the “user”) declares to have read, understood and accepted.

Likewise, use of the Platform implies acceptance of the General Terms of Contract (GTC) which will take place at the time of Subscription by the account Creator or its Administrator.

The aforementioned General Terms of Contract prevail over these GTU.

QUIPU reserves the right to modify or adapt these GTU at any time, notifying the client of each new version, who undertakes to stay informed of the changes made.

Article 1 — Access to the QUIPU Platform

1.1 General

Quipu only grants access to the Platform to persons specifically authorized by Quipu and its clients.

Quipu undertakes to implement all necessary means to provide the user with fast and reliable access to the Platform. A support service, in the case of use of the Platform under a paid contract, is available to the client under the terms agreed in the type of service subscribed.

For their part, the user acknowledges that the Platform is a highly complex tool, mainly in terms of computer technology, and therefore undertakes to bear any risks that may exist regarding the unsuitability or unavailability of the Platform.

Quipu may recommend that the user use precise technical parameters or certain configurations to use the Platform. The user is responsible for following up on the implementation of these technical parameters or recommendations, as well as for ensuring that their equipment is compatible with the Platform.

The user is solely responsible for their internet connection, as well as all related costs. Likewise, they declare that Quipu cannot be held responsible in the event of internet interruption, viruses affecting their data or programs, the massive use of access passwords to their Account and, in general, all damages caused by third parties.


1.2 “Free trial” Account as an option prior to subscribing to a paid Plan

Quipu offers the possibility of creating a free “Free trial” account for potential future clients who wish to try the Platform beforehand.

This free trial account is made available to users for a period of fifteen (15) days from its subscription and under the following conditions:

- Only one Free Trial Account may be created, and it cannot be renewed;

- Quipu may, at its own discretion and if requested by the user, allow the user to use the Free Trial Account for an additional period of 15 more days;

- The user authorized to use a Free Trial Account acknowledges that access to the Platform has the sole purpose of allowing them to test the Platform’s features prior to a possible subscription to the paid Service Plan. It is expressly prohibited to carry out processing or services for third parties using the Free Trial Account.

- Quipu’s liability shall in no case and under no circumstances be engaged during the user’s use of the Platform throughout the free period. Quipu shall not be liable for any compensation of any kind arising from the malfunction of the Platform during the trial period.

Quipu reserves the right to delete without prior notice any Free Trial Account that does not comply with the foregoing provisions or any other provision set out in these GTU or in the documents signed between the parties.

In the event that the Free Trial is not followed by Subscription to a paid Service Plan, Quipu will delete the Free Trial Account, as well as the associated data, within twelve (12) months from the closing of the Free Trial Account.

Once the paid Service Plan has been validated by the client, a confirmation of the contracting of the services, as well as of the invoice, will be sent to them by email (hereinafter, “Contract Confirmation”).

Article 2 — Use of the Platform

The user undertakes to make appropriate and lawful use of the Platform and Website, in accordance with applicable legislation and the provisions of this document.

Good use is understood to mean, without the following list being exhaustive, the following actions that the user must carry out:

- always provide accurate information, which must be updated as necessary to remain accurate;

- use the Platform in accordance with its purpose and cooperate in good faith with Quipu;

- implement the technical requirements and/or recommendations issued by Quipu;

- not share access to the Platform, as this right is strictly personal to the user;

- respect the rights of third parties and, in general, the laws and regulations in force regarding the use of the Platform;

- refrain from introducing malicious, disparaging, obscene, defamatory, deliberately misleading, illegal and/or immoral messages, information or data;

- not alter the integrity or performance of the Platform or the data contained therein;

- not attempt to gain any unauthorized access to the Platform or its associated systems or networks, nor intercept data;

- not damage Quipu's reputation, disparage the Website and the Platform, or defame Quipu, particularly on the Internet, including social media, acting with restraint and caution when making statements about Quipu or its employees;

- not engage in any conduct that could harm Quipu or allow users to access and use the Website and the Platform without authorization, including through the use of viruses, malicious code, programs or files;

- not copy or sell all or part of the Website and the Platform, nor exploit them for commercial purposes;

- not commit crimes, nor encourage others to do so;

- not send unsolicited advertising or promotional materials ("spam").

In the event of a breach of the above, Quipu reserves the right to immediately suspend access to the customer's Account without compensation and without any prior notice. The Website may also contain links to other websites that are not operated by Quipu (hereinafter 'Other Websites').

Quipu exercises no control over Other Websites and is not responsible for their content or for any damage they may cause you through their use. However, it reserves the right to remove such links if by any means it becomes aware that any irregularity or illegality is being committed on the linked site.

Article 3 — Responsibilities

Quipu implements the necessary technical measures and means to ensure the security of connections, content and the Personal Data of customers or users. Quipu provides the right to use the Platform, which constitutes an obligation of means. However, to date, testing and experience may not cover all possible uses.

Quipu cannot guarantee that the Platform will operate without any interruption or malfunction, or that there will be no anomalies or errors, which may be corrected, and it may be the case that the Platform is not compatible with the user's equipment or that there is a configuration different from those expressly approved by Quipu.

The user or customer shall be solely responsible for:

- their access to and use of the Platform, as well as any damage caused by viruses on their equipment;

- obtaining and maintaining all the equipment necessary to access the Platform, ensuring that this equipment is compatible with it;

- errors that occur due to their providers.

In no event shall Quipu be responsible for the content hosted on the Platform regarding third-party End Providers or their services.

Quipu reserves the right to interrupt access to the Platform at any time in the following cases:

- to carry out an update, or perform technical maintenance, improvement and/or repair work that contributes to its proper functioning; Quipu will do everything possible to notify the user of such interventions;

- in the event that the servers are unavailable for any reason whatsoever;

- in the event of non-payment, breach of these conditions and/or the GTC, or third-party actions that may affect the security of the Platform and Quipu's content.

In the event of a temporary interruption of the Platform for the reasons mentioned above, Quipu shall not be liable for the payment of any type of compensation to users or customers.

Article 4 — Intellectual property

Quipu, as the owner of all rights to the Platform, holds all intellectual and industrial property rights thereto.

Quipu expressly reserves the exploitation rights it holds over the licensed Platform, expressly including the rights of reproduction, transformation, public communication and distribution in all possible forms of exploitation.

Likewise, "QUIPU" is a trademark registered by Quipu with the Spanish Patent and Trademark Office, and therefore any use of it or of any similar identifying sign that may cause confusion about its origin or ownership by third parties without prior express authorisation is prohibited.

The Website https://getquipu.com and all URLs where Quipu offers its services are domains registered by Quipu. Likewise, the Intellectual Property rights relating to the software and the contents of the Website belong to Quipu or to its licensors.

Consequently, the total or partial reproduction of the Website is expressly prohibited. Nor is it permitted to publish, manipulate or distribute the content of the Website without the express authorisation of Quipu or the legitimate owner, where applicable.

Article 5 — Termination

Should the user fail to comply with these Terms of Use, Quipu reserves the right to remove access to their account or delete it.

Likewise, Quipu reserves the right to take any legal action that may be appropriate to make the user cease the improper conduct that goes against Quipu's interests, reserving any action to obtain the corresponding compensation.

Article 6 — Protection of Personal Data

Quipu collects and processes the data that customers voluntarily provide in order to access and use the Platform, as well as data relating to users' preferences and traffic, in accordance with the Privacy Policy and its Cookie Policy.

In accordance with the Privacy Policy, the information collected by Quipu is subject to automated processing intended mainly to manage the Platform, the contracted service Plans, the provision of said services and their support, the creation of commercial and marketing offers, as well as to strengthen and improve products and content and the very experience of customers or users.

In accordance with the applicable regulations in force regarding the protection of personal data, the customer has the rights of access, rectification, deletion, restriction and portability of data and, where applicable, to object to their processing. The customer may exercise their rights at the following address privacy@getquipu.com, proving their identity or that of their representative at all times; in the latter case the representative must present the power of attorney granted by the customer.

Article 7 — Applicable law

These Terms of Use are governed by Spanish law.

To resolve any doubt or discrepancy that may arise between the parties regarding the fulfilment or interpretation of the clauses of this document, both parties, by mutual agreement, submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona, waiving their own jurisdiction if different.

In the hypothetical case that there are translations in different languages of these Terms of Use, in the event of conflict between them, the Spanish version shall prevail.

Barcelona, June 2023.

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