Service Terms & Conditions

Last updated: November 22nd, 2019

 

1. General

Services are provided by HETIKUS EMEA SUBSIDIARY S.L. (hereinafter referred to as “HETIKUS”), a Spanish company with registered address at Calle San Lorenzo, 11, 2nd Floor, 28004, Madrid, Spain, and C.I.F. (tax identification code) B85985489, and registered in the Trade Register of Madrid, Tomo 27.980, Folio 149, Sección 8ª, Hoja M-504259, Inscripción 1ª.

The Site and its original content, features, and functionality are owned by HETIKUS and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

1.1 Purpose

These Service Terms and Conditions of use (“Service Terms and Conditions of Use”) shall govern the use of the website www.hetikus.com and related platform (“Site”), which belongs to HETIKUS. The purpose is to provide information about the activity of the Company and enable the use of the services offered by HETIKUS (“Services”), consisting in the creation of a regulatory technology platform.

These conditions regulate and list the rules to be taken into account with reference to the user hiring services as a User. By accessing the Services, the User agrees to these Service Terms and Conditions of Use. Consequently, please read them carefully before using the Site.

In order to accept the Terms and Conditions, and therefore use the platform, the User declares that he/she is at least sixteen (16) years of age and has sufficient capacity to be bound by these Service Terms and Conditions. The User also commits to use the Services and the information contained therein properly, and to comply with the applicable legislation.

 

2. How does the service work?

In order to comprehend the use of our services, find below all the steps needed to use the HETIKUS platform properly.

 

2.1 Registration

To access the full functionality of the Service, you must create an account with which your Personal Data or other information will be associated (a “HETIKUS Account”). Once the registration form has been filled out, the User must agree to the Privacy Policy and the Service Terms and Conditions.

You will be asked to proportionate your billing details and other pertinent information, in accordance with the Privacy Policy.

The User must activate a username and password in order to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with HETIKUS and the rest of the users of the Services. Every account is personal and non-transferable, as established on Section 6 (User’s obligations).

 

2.2 Creating an Account

By creating a HETIKUS Account, the User agrees to:

  • Provide true, accurate, current, and complete information about yourself, your business, enterprise, organisation as prompted by the Service’s registration form;
  • Maintain and promptly update the Personal Data to keep it true, accurate, current and complete;
  • Provide, if applicable, a valid payment method for paying any fees associated with the Service;
  • Use only the HETIKUS Account you created to access the Service;
  • Not allow your HETIKUS Account to be used by anyone else to access the Service;
  • Do not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.

If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, including organisations or entities, or if HETIKUS has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, HETIKUS may suspend or terminate your HETIKUS Account and refuse to allow you to use the Service at any time (Section 3). All Registration Data will be stored and used in accordance with the HETIKUS Privacy Policy.

The User must accept the Terms and Conditions in order to be able to use and access the platform, as established on Section 2.5.

 

2.3 Administrators

In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement. You may not share your account with anyone else.

Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator. The administrator must be appointed, the management of the account includes configuring administration settings, assigning access and use authorization, requesting different or additional services, providing usage and performance records, managing templates, accepting notices, disclosures and terms and conditions.

 

2.4. Account contested by 2 or more parties

In the case of an account being contested by 2 or more parties, HETIKUS will determine whom to grant ownership based on creation and payment history of the account.

 

2.5 Acceptance of the conditions

In accordance with the provisions of article 23 of Spanish Law 34/2002, of 11 July, on information society services and e-commerce. The hiring of services shall be confirmed by activating the “I accept the conditions of hire” button that shall appear before the user proceeds to complete the hiring process. This shall be after they have selected the services they are interested in and just before paying for the same or confirming their intention to hire.

When you use a Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.

Please note that by submitting content, creating a user account or otherwise providing us with your email address, postal address or phone number, you agree that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.

Upon your acceptance of these Terms and Conditions, we grant you a limited, non-exclusive and non-transferable license to access and use the Site for business purposes.

 

3. Termination of the contractual relationship

The termination of the contractual relationship may be ended by the User or by HETIKUS. This may take place in the following cases:

  • You may terminate your HETIKUS Account at any time by sending an email to cs@hetikus.com. If you terminate your HETIKUS Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to HETIKUS Account holders. Once we receive your cancellation email, it shall be analyzed and you shall receive response in the next 7 working days.
  • If HETIKUS does not receive payment from User’s payment method, the User agrees to pay all amounts due upon demand. Any amount not paid in the next 30 days, will be subject of financial charges equal to 1.5% of the unpaid balance. In case the User refrains from making the payment, HETIKUS reserves the right to terminate your HETIKUS Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
  • HETIKUS is an entity whose core values reflect compliance with the Law and respect of public order. The User is obliged to use the Site with lawful activities, and HETIKUS, not only will not be responsible for the use of the Site made by the User, but also, as established on Section 4, your HETIKUS Account will be terminated if we detect any unprofessional or unlawful activities, as well as those against public order, on the use of the Site.

 

4. Restrictions on the use of the Site

The User must use their account and the services complying with law and public order. Concretely, you shall not:

  • Access the Site by any means other than through interfaces provided by us and as otherwise expressly authorised under these Terms and Conditions.
  • Avoid, remove, deactivate, bypass or otherwise weaken any of the security measures taken by HETIKUS, our service providers or any third parties.
  • Process sensitive data and/or those relating to payment details. This may only happen with a prior written approval.
  • Use any tool to manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
  • Use, display, copy or otherwise any individual element within the Site, the total or partial layout and design, or the intellectual property rights and other proprietary rights of the Company.
  • Attempt to access, downloads or otherwise use, upload content, create new links, or referrals in the Site through the use of any device or mechanism. We will only allow the use of our software and/or search agents.
  • Interfere with the access of any user, host or network.
  • Duplicate, reproduce, copy, sell, trade, resell nor exploit for any commercial purpose the Site, totally or partially.
  • Misrepresent your affiliation with any person or entity, neither stalk or harass other users, or share improper or offensive materials.
  • Use our functionalities to monitor the availability, performance or functionality of our Services or the Site, or for bench marking or other competitive purposes.

To summarize, Users must not use our Site in a manner contrary to the rights and legitimate interests of the Company or any other third party. Neither, they should disrupt, overload or damage the Site. If you find out any kind of unlawful practice, please write to us at the email given on Section 17. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

 

5. Fees and Payments

5.1 Fees for Services

You agree to pay to HETIKUS any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service.

Where applicable, you will be billed using the billing method you select through your account management page. If you have chosen to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify HETIKUS of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

 

5.2 Subscriptions

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal by contacting us at cs@hetikus.com.

User may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription by sending an email at cs@hetikus.com. Once we receive your cancellation email, it shall be analyzed and you shall receive response in the next 7 working days.

 

5.3 Taxes

Unless otherwise stated, you are responsible for any taxes (other than HETIKUS’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay HETIKUS for the Services without any reduction for Taxes.

If HETIKUS is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide HETIKUS with a valid tax exemption certificate authorised by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.

HETIKUS will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from HETIKUS Europe UC for business reasons, and are located in a different European Union member state from HETIKUS Europe.

If you are required by law to withhold any Taxes from your payments to HETIKUS, you must provide HETIKUS with an official tax receipt or other appropriate documentation to support such payments.

 

5.4 Price Changes

HETIKUS may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. HETIKUS will provide you with reasonable prior written notice of any change in fees (30 days) to give you an opportunity to cancel your Subscription before the change becomes effective.

 

5.5 Overage Fees

Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue, and the User will be penalized with finance charges equal to 1.5% of the unpaid balance. As described on Section 3, failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.

 

5.6 No refunds

The User will timely pay all fees according to the hired service. User’s payments are non-refundable except as expressly provided in these terms.

Charges for per-use purchases and standard subscription plan charges will be billed in arrears unless otherwise specified in the Subscription plan.

 

6. User’s obligations

Please, note that the HETIKUS Account (“account”) of each User shall be personal and non-transferable. The User is obliged to inform HETIKUS of any changes to his/her personal data and is responsible for preventing unauthorized access and/or use of the account by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.

In any case, the User shall be responsible for using the Services properly and safekeeping the account and shall refrain from using the account for illicit purposes or for any purpose that violates these Service Terms and Conditions.

By registering, Users are accepting the established Terms and Conditions, and accept to use the platform for lawful means, as explained on Section 4.

 

7. User content and submissions

The Services allow you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Services is subject to the following terms:

  • Content submitted to the Services by End Users of Customer accounts is owned and controlled by the Customer. HETIKUS maintains a limited, non-exclusive and nontransferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display End User Content for the limited purposes of (i) providing the Services and associated Customer and End User support; (ii) displaying the End User Content to the Customer and other End Users; and (iii) analyzing and improving the Services.
  • You acknowledge and agree that you have all required rights to submit User Content without violation of any third-party rights. You understand that HETIKUS does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless HETIKUS for all claims resulting from User Content you generate. We reserve the right, at our own expense, to assume the exclusive defence and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

 

8. Legal compliance

You acknowledge, consent, and agree that HETIKUS may access, preserve, and disclose your information and/or any User Content you submit to the Services, if required to do so by law or in a good faith belief. Access, preservation, or disclosure is permitted by HETIKUS’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons:

  • To comply with legal process.
  • To enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof.
  • To respond to claims that any content violates the rights of third parties.
  • To respond to your requests for customer service; and/or
  • To protect the rights, property, or personal safety of HETIKUS, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

 

9. Third parties links and services

The Services may provide:

  • Information and content provided by third parties;
  • Links to third-party websites or resources, such as sellers of goods and services.
  • Third-party products and services for sale directly to you. HETIKUS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that HETIKUS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

 

10. Warranties, disclaimers and limitation of liability

The services and its contents, whether provided by HETIKUS, its licensors, its vendors or its users, and other information on or accessible from the services are provided without any warranty, representation, condition or guarantee of any kind, either expressed or implied. This includes (but not limits) to any implied warranties, representations, conditions or warranties of quality, merchantability, fitness for a particular purpose, or non-infringement, all of which are disclaimed to the fullest extent permitted by Law. HETIKUS does not warrant that:

  • The use of our Services do NOT guarantee compliance with the legislation applicable to the User. Please, note that we provide all the mechanisms for our User to adapt our platform to their needs. If you have any doubt about how to customise our platform to your needs, contact us at cs@hetikus.com.
  • The information available on the services is free of errors.
  • The functions or features (including but not limited to mechanisms for the downloading and uploading of content) will be uninterrupted, secure, or free of errors. Defects will be corrected.
  • The services or the server(s) that make the services available are free of viruses or other harmful components. In no event shall HETIKUS or its affiliates, licensors, vendors or any of their respective employees or other representatives be liable to you or any other person or entity for any indirect, special, incidental, consequential, or punitive damages (including damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the services, any materials, information, or recommendations appearing on the services, or any link provided on the services, whether for not HETIKUS has been advised of the possibility of such damages and whether based upon warranty, contract, tort, strict liability, violation of statute, or others.
  • This exclusion of liability shall apply to the fullest extent permitted by Law. In any event, our aggregate liability will not exceed the amount paid for the product or service to which the claim relates. HETIKUS does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the services or any website featured or linked to through the services, and HETIKUS will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
  • HETIKUS will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if the remedy fails of its essential purpose and to the fullest extent permitted by Law.

 

11. Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 10. Accordingly, some of the above limitations may not apply to you.

 

12. Indemnity

You agree to indemnify, defend, and hold HETIKUS and its respective officers, directors, employees, members, shareholders, or representatives (and all successors and assigns of foregoing) harmless from and against any claim or demand, including without limitation, reasonable attorney’s fees and disbursements, made by any third party in connection with or arising out of the use of the services, your connection to the services, your violation of the terms or Privacy Policy, your violation of an applicable law, your submission, posting, or transmission of user content to the services, and/or your violation of any rights of another.

We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

 

13. Other legal texts of your interest

In order to obtain more information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms. Related to privacy, please read carefully our Cookie Policy, so you understand the use of your data collection.

In addition, in order to comprehend the measures taken by HETIKUS to monitor its performance, find here the Service Legal Agreement (“SLA”).

 

14. Changes on Terms and Conditions

HETIKUS informs the User of the Services that these Service Terms and Conditions of Use may be modified or amended at any time. Therefore, HETIKUS will provide the User with reasonable prior written notice of any change.

If the User does not want to agree to any changes made, he/she should stop (as your sole remedy) using that Service. By continuing to use the Services, the User indicates the acceptance of the updated terms.

 

15. Miscellanea

The illegality, invalidity, nullity, or unenforceability of any of the sections stated on the Terms and Conditions will not affect the validity of its other provisions. Such sections are to be replaced or integrated into others.

If HETIKUS fails to respond to a breach of the Terms and Conditions, that fail will not waive our right to act with respect to subsequent or similar breaches.

These Terms and Conditions are an agreement between the User and the Company. Both have relied on or will have any right or remedy based upon any statement, representation, warranty or assurance other than those expressly stated in this document.

HETIKUS may provide translations of these Terms and Conditions, as well as other legal texts. Translations are provided for informational purposes, and if there is a conflict between translations, the Spanish version will have prevalence.

 

16. Applicable law and jurisdiction

In compliance with the Regulation (EU) no. 524/2013 of the European Parliament and of the Council, of 21 May 2013, if you are acting as a Consumer, you may submit an extrajudicial complaint using an extrajudicial mechanism. Find more information in the following link: http://ec.europa.eu/consumers/odr/

These Service Terms and Conditions are governed by the Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

In the case of any conflict in the interpretation or application of the contractual conditions, the competent courts correspond to the place where the obligation is fulfilled. The competent court shall be the one of Villa de Madrid, Spain under the Spanish legislation.

 

17. Contact us

If you have any doubt, please contact us via email to legal@hetikus.com.

HETIKUS EMEA SUBSIDIARY, S.L.
Calle San Lorenzo 11 2nd floor.
Madrid, 28004, Spain