Terms and Conditions of Services

1. SCOPE

• These general terms and conditions (“General Conditions“) apply to the registration and creation of an account on this website: neosmart.ai (the “Website“) and, if applicable, to the access or contracting of any of the services (the “Services“) offered through this website by NEOSMART CORP, S.L. (“Neosmart“), a Spanish company, domiciled at Vía de las Dos Castillas, 33, Ática. Edificio 7 – 3ª planta, 28224 Pozuelo de Alarcón, Madrid, Spain and NIF B13661897.
• Any person accessing, contracting and/or using the Neosmart Services is hereinafter referred to as the “User“. (Website Registration); ; 7 (Intellectual Property and Terms of Use); 8.1. (Data Protection); 9 (Website Availability and Support); 10 (Representations and Warranties); 11 (Limitation of Liability); 12 (Duration); 13 (Miscellaneous); 14 (Applicable Law and Jurisdiction).
• Hereinafter referred to collectively as the “Parties” and individually as a “Party“.
• The User acknowledges that he/she is of legal age and/or has sufficient legal capacity to be contractually bound by these General Terms and Conditions. In the event that the User acts on behalf of a legal entity, the User guarantees that he/she has sufficient powers to bind the legal entity to these General Terms and Conditions.
• For certain specific services, Neosmart may establish additional special conditions that will complement these General Conditions (the “Special Conditions“). In the event of a conflict between these General Conditions and the Special Conditions established for a specific service, the Special Conditions shall prevail with respect to that service.
• By checking the acceptance box or performing any action involving electronic confirmation (e.g. clicking an acceptance button) when registering on the Website, the User signifies his or her consent and acceptance of these General Terms and Conditions, which is equivalent to an electronic signature. The User’s electronic signature shall be considered as proof of his or her acceptance and consent to the General Terms and Conditions and of his or her agreement to comply with them.

2. SERVICES

• Neosmart offers through this Website informative and educational content in various areas, access to which is conditioned to the type of plan or product selected by the User during the registration and contracting process. Neosmart may offer free content, access to which is conditional upon the User’s registration and the creation of an Account on the Website.
• Neosmart reserves the right to modify the available Services, suspend or discontinue their availability, as well as their features and prices, at any time and without prior notice.
• The contents provided as part of the Services are for informational and educational purposes only, and should not be construed as professional advice or a guarantee of specific results. Neosmart assumes no responsibility for the use made by the User of the content offered, and recommends that specialized professionals be consulted in the event that specific advice is required. The User is solely responsible for evaluating the adequacy, accuracy, completeness and usefulness of any information or content provided on this Website.
• Neosmart strives to provide accurate, up-to-date and quality content. However, it does not guarantee the accuracy, completeness or suitability of the content for any specific purpose. The Company shall not be liable for any damages or injury arising from the use of the content offered on this Web Site.

 

3.1. Website Registration

The use of the Services shall be subject to the User passing the registration process and creating an account (the “Account“)

To proceed with the registration:

• The User shall provide the required information, which may include, among others, identification and contact data and access credentials.

• The User must accept these General Terms and Conditions in order to register.
• Neosmart may perform certain procedures to confirm the identity of the User and the creation of the Account on the Website. The User shall follow the steps for Account confirmation via cell phone or email .
• By creating the Account, the User will be entitled to access the free informative and training content of the Website reserved for registered users, receive the Neosmart newsletter with updates, news and relevant information about the Services through electronic means and/or may also select to contract paid Services that are available.

The User shall be responsible for maintaining the security and confidentiality of his or her access credentials, and for preventing their unauthorized use by third parties. In the event of loss or fraudulent use of the access credentials, the User must notify Neosmart so that it can implement the necessary measures to protect the Account.

3.2. Registration

The registration process to enjoy the Services through the Website will be carried out as follows:

• The User will have to select in the Web Site his interest for the registration from different accesses of the Site. Once accessing the registration page, the User will have to fill in the requested fields and continue until the process is completed.
• In order to complete the registration, the User must register on the Website, following the steps indicated in section 3.1. above and will not be considered registered until receiving a confirmation email.
• By completing the Registration process, the User must provide truthful information and accept these General Conditions.
• Neosmart will send the User a confirmation of the contract by e-mail to the address provided by the User during the registration process.

• Neosmart reserves the right to deny access to Users at its sole discretion.

4. PRICE AND PAYMENT TERMS

• The Services provided by Neosmart are free of charge.
• Neosmart reserves the right, at its sole discretion, to modify the prices of the Services, including in the case of periodic subscriptions, at any time and without prior notice. Such modifications shall be effective for new contracts as of the time of contracting, as well as for Users who have active Services with prior authorization and acceptance of the established prices.
• Neosmart reserves the right to withhold or suspend access to the contracted Services in the event of non-payment or non-compliance with the General Conditions by the User.

5. RIGHT OF WITHDRAWAL

• The User does not have the status of consumer because there is no economic consideration, therefore the right of withdrawal does not apply.

6. CANCELLATION OF THE ACCOUNT

• In case the User wishes to delete his/her Account, he/she should send an email to hello@neosmart.ai, requesting the cancellation of the registration. In a period not exceeding 48 working hours will proceed to the effective cancellation of the Account, and the User may request information on the status of the processing through the same contact address.
• In this regard, upon cancellation of the Account, the User will lose access to the Services associated with the Account, which will be automatically cancelled, and all data and content related to the Account may be deleted. However, the cancellation of the Account will not give rise to refunds for the contracted services, except in cases of cancellation in accordance with the provisions of Clause 5.
• In the event that the User wishes to use the Services again after cancelling his or her account, he or she must initiate a new registration process and accept the General Terms and Conditions in effect at that time.
• The cancellation of the account does not release the User from any outstanding financial responsibilities or contractual obligations.

7. INTELLECTUAL PROPERTY AND TERMS OF USE

• Neosmart is the owner (or the lawful licensee) of all intellectual and industrial property rights related to all components of the Services, including the Website and any material or element made available to the User in compliance with these Terms and Conditions, including, but not limited to, all data, source and object code, scripts, interfaces, designs, concepts, documentation, content (images or photos) or other supporting materials and any information that Neosmart may provide to the User as part of the Services.
• Without prejudice to the foregoing, Neosmart grants the User the right to use the Website, the Services and all the contents or elements included therein on a non-exclusive, non-sublicensable and non-transferable basis and in accordance with these General Terms and Conditions, exclusively for personal use or internal purposes. The publication of the contents on the Website does not entail the assignment, waiver or transfer, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights that may exist to the User.
• The User shall refrain from any action or omission that implies contravening the applicable legislation, morality and public order, these General Conditions or infringe the rights of third parties and, in particular, but not exhaustively, shall refrain from:
  • Access or use the Website and/or the Services for illicit purposes, harmful to the rights and freedoms of third parties, or that may damage, harm or impede in any way, access to the same, to the detriment of Neosmart and/or third parties.
  • Use the Services, in whole or in part, to promote, sell, hire, disseminate advertising or information of their own or of third parties.
  • Any action that incites or promotes the commission of criminal, xenophobic, terrorist or degrading acts based on age, sex, religion or beliefs; or of a pornographic, obscene or violent nature or that violate the law, morality or decency.
  • Take any action that prevents or hinders other users from accessing the Website, its contents, or the Services.
  • Employ any type of computer virus, code, software, computer program, computer or telecommunications equipment, which may cause unauthorized damage or alteration of Neosmart’s content, programs or systems or other users’ computer files and equipment; or unauthorized access to any of the content of the Website or the Services.
  • Remove or modify in any way the protection or identification devices that are present on the Web Site, or the symbols that are incorporated into creations object of intellectual or industrial property existing on the Web Site.
  • Reproduce in whole or in part the Web Site or its contents, whether or not they involve acts of unfair competition or confusion.
  • Use trademarks, trade names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorization of its owner or licensee.
  • Perform any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and Services or the economic exploitation thereof, without the prior written authorization of Neosmart or, where appropriate, of the third party owner of the corresponding intellectual and industrial property rights.
  • Create different Accounts on the Website or perform any action in order to unduly benefit from discounts and promotions.
• In case of violation of any of the terms of use set forth in this Clause, Neosmart reserves the right to suspend or terminate the User’s account, without prior notice, in addition to any other legal action it may have at its disposal according to law.

8. PROTECTION OF PERSONAL DATA

• Personal data will be collected and processed by Neosmart in accordance with the Privacy Policy.
• In the event that the Services are contracted by a legal entity and Neosmart is deemed to act as a processor of personal data under the applicable data protection regulations, a corresponding processor agreement may be requested from Neosmart by contacting hello@neosmart.ai.

9. WEB SITE AVAILABILITY AND TECHNICAL SUPPORT

• Neosmart undertakes to make all reasonable efforts to ensure the continuous availability of the Website and the Services. However, the User acknowledges that, from time to time, interruptions may occur that affect the availability of the Website or the Services. Neosmart will endeavor to notify the User in advance of scheduled interruptions whenever possible.
• In case of technical problems or unforeseen interruptions, the User may contact Neosmart’s technical support team via email to the User support channel Neosmart is committed to respond and address technical issues within a reasonable timeframe.
• Neosmart is committed to making periodic updates to the Website and Services in order to improve their operation, security and performance. These updates may include bug fixes, user interface improvements and other modifications. Such updates and bug fixes will be made proactively by Neosmart. The User will benefit from the updates by accessing the Website and Services at no additional charge.
• Neosmart assumes no responsibility for technical problems resulting from User actions, unauthorized use of the Website by third parties or circumstances beyond Neosmart’s reasonable control.

10. REPRESENTATIONS AND WARRANTIES

• Neosmart represents and warrants that it is the owner or rightful holder of all intellectual property rights in the Website, the Services and that their use by the User does not infringe any intellectual property rights of any third party. Neosmart shall, at its option, and at no cost to the User: either acquire the rights of third parties so that the User may use the Services without infringing the rights of third parties; or replace the component or content that infringes the rights of the third party. Neosmart further agrees to defend, indemnify and hold the User harmless from any liability arising from any actions, claims, demands or suits by a third party against the User that any or all parts of the Website or the Services infringe such third party’s copyright.
• Neosmart does not offer any guarantee that the contents, materials or other elements provided as part of the Services will ensure specific results for the User, since their purpose is exclusively informative, and the User is solely responsible for their use or destination. Neosmart shall not assume any responsibility for the way in which the User uses said materials.
• Neosmart does not warrant that the Website will be error-free, that it will operate uninterrupted or that it will meet all User expectations.
• The User understands that Neosmart is not responsible for the availability of the Internet, access or technological infrastructure necessary to access and use the Website. The User assumes responsibility for ensuring his or her own Internet access and appropriate equipment.

11. LIMITATION OF LIABILITIES

• To the extent permitted by law, Neosmart shall not be liable for any loss, damage or claim arising from the use of the Website and the Services (including, events beyond Neosmart’s control, such as interruptions of third party services or force majeure events), except in cases of Neosmart’s fault or negligence or arising from contractual or defective breaches of these Terms and Conditions.
• To the extent permitted by law, Neosmart shall not be liable to the User for indirect, incidental, special or consequential damages, including, but not limited to, lost profits, lost profits, or any other similar damages, arising out of the use or inability to use the Services. In any event, Neosmart’s total liability to User for any claim related to the Services shall be limited to the amount paid by User to Neosmart in the twelve months prior to the event giving rise to the liability.
• Neither Party shall be liable to the other for any failure to perform its obligations under the Agreement to the extent that such failure or delay is the result of a cause or circumstance beyond the reasonable control of the affected Party which could not have been avoided or overcome by acting reasonably and prudently (such as, but not limited to, fires, floods, strikes, labor disputes or other industrial disturbances, war – declared or otherwise, blockades, legal restrictions, riots, insurrections, governmental regulations and availability), but not limited to, fires, floods, strikes, labor disputes or other industrial disturbances, war – declared or not -, blockades, legal restrictions, riots, insurrections, governmental regulations and the unavailability of means of transportation) (“Force Majeure“). The affected Party shall: a) immediately notify the other Party and provide it with full information about the Force Majeure; b) use its best efforts to overcome the Force Majeure; and c) continue to perform its obligations to the extent possible.

12. DURATION

• These General Terms and Conditions shall enter into force upon acceptance by the User of the same. In particular, the commencement date of the agreement between the Parties shall be the date on which the User is notified of confirmation of registration on the Website and is provided with access to the Website and shall be of indefinite duration unless the Account is cancelled as provided for in these General Terms and Conditions.
• In relation to the contracting of Services, its duration will be established according to the type of product or services selected by the User during the contracting process. In the case of services subject to subscription, the subscription will have an initial duration that will be specified during the contracting process, which may be monthly, quarterly, semi-annually or annually, depending on the option chosen by the User. At the end of the initial subscription period, the subscription will be automatically renewed for periods of equal duration, unless the User cancels the subscription in accordance with the procedures set forth in Clause 4.8. of the General Terms and Conditions.
• In relation to other Services, the duration will be established in the Particular Conditions.

13. MISCELLANY

• Notifications. All communications between Neosmart and the User shall be made in writing and shall be made, preferably, through the User’s Account or by e-mail to the User’s address indicated in its Account and, from Neosmart, the address indicated in Clause 15.
• Assignment. Neosmart and User may not assign or transfer this Agreement without the prior written consent of the other Party. Any attempt to assign or transfer this Agreement, without such consent, shall be void.
• The headings of the clauses are set forth for illustrative purposes only and shall have no legal effect.
• Partial Invalidity. If any provision of these General Terms and Conditions is determined to be unenforceable or invalid, the remaining provisions of these General Terms and Conditions shall not be affected and shall remain in full force and effect.
• Modifications. Neosmart reserves the right to modify these General Terms and Conditions and the Special Conditions at any time, notifying the User in writing at least thirty (30) days prior to the effective date of the new General or Special Conditions. In the event of modifications that adversely affect its access to or use of the Services, unless such negative effect is minor, the User shall have the right to terminate the agreement by notifying Neosmart prior to the effective date of the aforementioned modifications. Termination of the agreement by the User in these circumstances will not incur any penalty, except for the obligation to pay any amounts that are overdue and unpaid. If the User does not communicate his/her acceptance or rejection of the modifications proposed by Neosmart within the indicated term, it will be understood that the User tacitly accepts the proposed modifications if he/she continues to use the Services. Neosmart undertakes to keep a record of previous versions of the General or Particular Conditions, and to provide the User with access to these previous versions upon request.
• Failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. A waiver of any right or provision shall be effective only if in writing and signed by a duly authorized representative of both Parties.

14. APPLICABLE LAW AND JURISDICTION

• This Agreement and its execution shall be subject to Spanish law.
• In the event of any dispute over the interpretation or application of these Terms and Conditions, the Parties shall negotiate in good faith in an attempt to resolve such dispute or claim.
• However, in the event that the discrepancy or claim is not resolved, the Parties shall submit to the courts or tribunals of the city of Madrid, unless the User is a consumer, in which case, the Parties shall submit to the courts or tribunals of the User’s domicile.
• In addition, the European Commission offers a platform for alternative dispute resolution, which can be accessed by any consumer at the following link. However, the User accepts that Neosmart is neither obliged nor committed to participate in or follow any alternative dispute resolution procedure.

15. CONTACT; USER SERVICE CHANNEL

• The User and any user of the Website may contact Neosmart through the following contact details:

– E-mail: hello@neosmart.ai