Last update: August 4, 2022.
* This agreement was originally drafted in the Spanish language. In case of discrepancies between the original and a translated version, the original in Spanish language will prevail over the others.
Welcome to FRACTTAL, a Cloud Service Software (SaaS), hereinafter referred to as "PLATFORM" or "FRACTTAL" owned by FRACTTAL Tech S.L, a company domiciled in Spain and with tax identification number B-42756734.
FRACTTAL is a SaaS for maintenance management (CMMS) and business asset management (EAM) that, with the mobility of an APP and the immediacy of the Internet of Things, offers its CLIENTS control of all the assets of their business in one place.
The relationship between the CLIENT, the USERS, THE WEB SURFERS and FRACTTAL within the platform is regulated by these terms and conditions of use, taking into account the following:
WEB SURFER: This is the general person who does not meet the condition of CLIENT or USER and only enjoys viewing the platform through the internet.
CLIENT: This is the legal/moral person that accepts the commercial service proposal of Fracttal Tech S.L or any of its subsidiaries or parent company.
USER: This is the person authorized by the CLIENT, who is registered in FRACTTAL and has a username and password. You must be of legal age, have the capacity to use the service and be responsible for supervising its use.
USER ACCOUNT: This is the account created for the USERS of the CLIENT, through which USERS have access to FRACTTAL.
At the time that a USER enters their data and accesses or uses the platform, they acknowledge that they have read and understood the Terms and Conditions of Use AND that they are obliged to comply with their provisions and all laws and regulations regarding their use, access and connectivity. If the USER does not accept any of the Terms and Conditions, they should not connect, register, access or use FRACTTAL in any way.
The terms constitute a contract with FRACTTAL.
The USER authorizes FRACTTAL to:
1) Use the processor, bandwidth and storage hardware of their device to facilitate the operation of FRACTTAL.
2) Have their contact data in the terms established in this document and in the data processing policy available at: https://www.fracttal.com/en/privacy-policy, in order to facilitate the operation of FRACTTAL.
FRACTTAL adopts the necessary measures to protect the security of the information or protection of the CLIENT's data. In the event of changes being detected in the information registered in FRACTTAL, in the event of any irregularity or simply as an identity protection measure, FRACTTAL may contact the USER to corroborate the changes to try to avoid possible fraud or risks of information leakage.
Once the CLIENT has acquired the FRACTTAL services, the Service Level Agreement (ANS) and the support scheme will be sent to them, with the schedules and ways of handling technical incidents that their USERS present with the use of FRACTTAL.
The USER can request technical support, using the help desk function at firstname.lastname@example.org. FRACTTAL will make reasonable efforts to respond to such requests in a timely manner. FRACTTAL cannot guarantee that a technical support problem will be resolved, however, we will make reasonable efforts to carry out technical support services in a professional manner.
The USER has the following obligations and restrictions of use:
STEP 1: In order to use our Web Platform, mobile app, products and services, the CLIENT must request a USER ACCOUNT, which is personal and non-transferable.
STEP 2: For the registration of the USER ACCOUNT, FRACTTAL will request data such as: name, address, mobile phone number, as well as at least one valid payment method. THE CUSTOMER undertakes to keep the information in his Account accurate, complete and up-to-date. FRACTTAL reserves the right to suspend or cancel accounts that are reasonably suspected to be used in contradiction to these terms and/or because they contain information that is false, inaccurate, outdated or incomplete.
STEP 3: Finally, THE CLIENT and their USERS must choose a personal and non-transferable password and accept these terms and conditions of registration, in order to enjoy their USER ACCOUNT. The CLIENT accepts and understands that they are responsible for maintaining the confidentiality of all USERS and passwords associated with any USER ACCOUNT that they use to access the Services.
The CLIENT can also access FRACTTAL using a third-party account with Single Sign-On, such as a Facebook, Twitter, Gmail or Outlook account. By doing so, you authorize FRACTTAL to collect your profile and the activity of your personal information from that third-party social network, including, but not limited to, your list of friends, companies and history of "likes" and places you have visited. The information provided will be used for the exclusive purposes of setting up your user account.
FRACTTAL is not responsible for any damage caused by or related to the theft or misappropriation of the username, password, User Content, the disclosure of the username or password, or the authorization that the CLIENT provides to any other person to use your username or password.
The CLIENT could be responsible for the losses suffered by FRACTTAL, by another user or any third party due to the appropriation and use of a user account. If the CLIENT or their USERS become aware of any unauthorized use of their USER ACCOUNT, please immediately notify email@example.com.
FRACTTAL USER ACCOUNT holders can upload data, information, materials and documents (“User Content”), to be stored in the software. User Content may be used in any manner authorized by the USER ACCOUNT holder.
FRACTTAL does not review, inspect, edit or monitor User Content stored by the account holder or any other user of the Services, including, without limitation: viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. FRACTTAL reserves the right and at its own discretion, to reject, delete or disable access to user content stored on FRACTTAL servers that may be considered illegal or could violate the terms of these Terms of Service.
FRACTTAL charges its CUSTOMERS the price described in the commercial proposal. The information regarding the value of the prices, the form of payment and the reimbursement conditions, if any, may be obtained by consultation of each CUSTOMER with the commercial advisor assigned or the person that FRACTTAL has allocated for this purpose.
The CLIENT will be informed of the prices that are applicable, including costs, expenses and taxes, and will be subject to adjustments at any time. In these cases, the corresponding information will be sent to the CLIENT, so that he can decide whether or not to accept said adjustments, before they come into force.
If within FRACTTAL, THE CLIENT has the option to pay for the services shown on the Platform through different payment gateways, they will also be subject to their Terms and Conditions. All aspects related to the use of the means of payment, such as its date of issue, expiration, quota, blocks, etc., will be subject to what has been agreed between the CLIENT and the issuing financial or banking entity.
THE CLIENT AND THE USER must not:
(a) use the PLATFORM to resell the services of the Platform or to share access time or allow third parties to exploit FRACTTAL.
(b) provide system passwords or other login information to any third party outside of their company.
(c) access the Platform to build a product using similar ideas, features, functions or graphics of the Platform, or to copy any ideas, features, functions or graphics of the Platform.
In the event that of suspecting of any breach of the requirements hereof, CLIENT USERS' access to the PLATFORM may be suspended.
The CLIENT shall take reasonable measures to prevent unauthorized access to the Platform, including, but not limited to, protecting their passwords and other login information. The CLIENT must notify FRACTTAL immediately of any known or suspected unauthorized use of the Platform.
FRACTTAL guarantees the functionality of the Software object of this license of use, provided that it is used in accordance with the technical specifications and conditions of use. The Software may not undergo modifications in its functionalities by the CLIENT.
FRACTTAL will not be responsible for damage to the Software caused by viruses, electrical failures, computer damage or improper handling and/or loss of information by the USER. Nor for possible failures that occur due to deficiencies in the CLIENT's facilities, breakdowns in the company's network, power surges, lack of maintenance of computer equipment and servers, including any anomalies that are not directly attributable to FRACTTAL.
FRACTTAL does not guarantee the occurrence of any future event or risk on any of the CLIENT's assets, since through FRACTTAL the CLIENT only has the possibility to manage and obtain analysis of its assets, in accordance with the data provided, being a responsibility of the media in the rendering of the service and not in the result.
The CLIENT: Acknowledges and agrees that computer-based systems are not infallible to potential failures, damage, viruses, cyberattacks, and/or unlawful tampering; These are all risks intrinsic to technology-enabled services. Despite the aforementioned, FRACTTAL does everything within its reasonable reach and puts in its best efforts to prevent the occurrence of said risks, however, it is impossible to guarantee the total elimination of them in the provision of its services.
Fracttal Tech S.L guarantees that it is the owner of the Software and the Platform and each and every one of its components, and that it possesses and will maintain all the power and authority to grant the rights to use the Platform as a whole.
The CLIENT and their USERS of the PLATFORM acquire a limited, non-exclusive, non-transferable and revocable license to use the FRACTTAL service, protected by the intellectual property regulations that regulate the matter.
You may not copy, publish, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create derivative works, reverse engineer, or transfer the Licensed Program, or any subset of the Web, its products or services. Any unauthorized use will result in the immediate and automatic termination of this license, and the application of the corresponding legal actions.
Fracttal Tech S.L reserves the right to make changes and improvements to the PLATFORM at any time through new versions, which may include new functionalities, correct possible errors, modify and improve its appearance, and add security elements. CLIENTS will be given prior notice of these updates by email and notices on the PLATFORM.
The brand, logo, commercial motto and all other identifiers related to FRACTTAL are the property of FRACTTAL Tech S.L and its subsidiaries, whether or not they are registered. No right, license or interest in the FRACTTAL trademarks or the THIRD PARTY TRADEMARKS are granted for the use of FRACTTAL.
FRACTTAL may contain links to third party websites ("THIRD PARTY SITES"). The USER acknowledges that FRACTTAL has no control over such THIRD PARTY SITES and acknowledges and accepts that FRACTTAL is not responsible for their availability or for the services, content, advertisements, products or any material available on them.
If the USER, CLIENT or the NETWORK BROWSER considers that FRACTTAL has infringed their copyrights, they may send the respective communication to our Copyright Agent through the following email: firstname.lastname@example.org.
FRACTTAL reserves the right to suspend the operation of the Services, this Website and/or Mobile App, or any part of it. You agree that neither FRACTTAL nor its third-party providers will be liable to you in any way for the termination, suspension, interruption or delay of any of the services and products on this Website and/or Mobile App.
The validity of these terms and conditions is for the time of use of FRACTTAL by the CLIENT and their USERS or the BROWSERS ON THE NETWORK. In the event that the Terms and Conditions must be modified to comply with legal requirements, the modifications may take effect immediately, or as required by law and without the need for prior notice.
Any claim related to FRACTTAL and its use will be governed by the legislation and dispute resolution mechanisms established in the service contract that the CLIENT has with Fracttal Tech S.L or any of its subsidiaries. Any claim that a WEB SURFER wants to present regarding the PLATFORM and its use will be governed by Spanish legislation.
Unless otherwise agreed, the dispute will be submitted to the review of the Parties to seek a direct settlement, within a term not exceeding 30 business days from the date on which either party communicates in writing to the other party the existence of a difference and an explanation of it. Controversies that cannot be resolved directly between the parties will be resolved using the following:
Conciliation or mediation: This will be carried out before an Arbitration Conciliation Centre, located at the address of Fracttal Tech S.L or any of its subsidiaries, upon request for conciliation raised individually or jointly by the parties. If within 60 business days from the start of the conciliation process, which shall be understood as from the date of the first summons to the parties made by the conciliation centre, the parties do not reach an agreement to resolve their differences, within the following 30 calendar days, it must go to an Arbitration Court located at the address of Fracttal Tech S.L, made up of an arbitrator appointed by the Arbitration Centre.
Copyright © 2022 FRACTTAL Tech S.L. All rights reserved. This Website and/or Mobile App and the accompanying products and documentation are the intellectual property of FRACTTAL Tech S.L and/or its licensors and are protected by copyright laws and international intellectual property treaties. FRACTTAL and the related logo, and all related product and service names, design marks and slogans are trademarks and/or registered trademarks of FRACTTAL Tech S.L. All other product and service marks contained in this document are trademarks of their respective owners. Any use of the trademarks or logos of FRACTTAL or third parties without the prior written consent of FRACTTAL Tech S.L or the owner of the applicable trademark is strictly prohibited.