Fracttal CMMS/EAM – Terms and conditions

TERMS AND CONDITIONS OF SERVICE FRACTTAL®

Date of last revision: September 6, 2018.

ATTENTION: THIS IS A CONTRACT. PLEASE READ THESE CONDITIONS BEFORE USING THIS Web Site and / or Mobile App. THIS AGREEMENT RULES YOUR COMMERCIAL RELATIONSHIP WITH FRACTTAL, AND THE USE OF THE SERVICES THAT FRACTTAL HAS PROVIDED YOU. YOU ARE REQUESTED TO ACCEPT THESE TERMS OF SERVICE AND MAY USE THE SERVICES AVAILABLE ON THIS Web Site and / or Mobile App ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT. THE USE OF THIS Web Site and / or Mobile App INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT USE THIS Web Site and / or Mobile App.

THESE TERMS OF SERVICE INCLUDE FRACTTAL’S PRIVACY POLICY LOCATED AT ww.fracttal.com/privacy-policy/ FORMING PART OF THESE TERMS AND CONDITIONS OF SERVICE. BY ACCESSING OR USING THIS Web Site and / or Mobile App, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, IN PARTICULAR FRACTTAL’S PRIVACY POLICY.

 

Acceptance of the Terms of Service

These Terms of Service (the “Agreement” or “Terms of Service”) are a legal agreement between you, whether natural or legal person (“you” or “user”), and FRACTTAL. and / or any of its subsidiaries (“FRACTTAL”), in relation to the services as defined below.

The Website and / or Mobile App https://www.fracttal.com and all other domains or sub-domains associated with FRACTTAL (the “Website and / or Mobile App”), including all information, graphics, documents of text, products and any other element, product or service offered within the Website and / or Mobile App available for your use, are subject to the terms and conditions set forth in this document. By accessing and using the Website and / or Mobile App, using any of the services of FRACTTAL and / or by downloading or purchasing any product from FRACTTAL, you accept these Terms of Service and all the terms and conditions contained therein and / or mentioned in this document.

If you DO NOT accept all these Terms of Service, you must NOT use this Website and / or Mobile App or the products and services of FRACTTAL. In addition, when you use any current or future FRACTTAL service, or visit any Website and / or Mobile App of FRACTTAL or its affiliates to obtain any of the products or services, either free or paid, whether or not included on the Web, will be subject to the guidelines and conditions applicable to such services or businesses.

 

These Terms of Service may be modified by FRACTTAL at any time. Please check these Terms of Service published on this Website and / or Mobile App regularly to ensure that you are aware of all updated terms governing the use of this Website and / or Mobile App.

FRACTTAL reserves the right to make changes or updates with respect to the content of the Website and / or Mobile App or the format of these, at any time without prior notice. FRACTTAL reserves the right to suspend or restrict access to the website or any part thereof for any reason at its sole discretion.

Access and use of the services offered is subject to the condition that you accept these conditions, the use of any of the products or services provided will be understood as acceptance.

Supplementary and / or complementary conditions may apply to certain Services or Products, such as policies for an event, an activity or a particular promotion. These supplementary conditions will be communicated to you in relation to the applicable Services. The supplementary and / or complementary conditions will be established in addition to the Conditions, and will be considered part of these, for the purposes of the applicable Services or Products. The supplementary and / or complementary conditions will prevail over the Conditions in case of conflict with respect to the applicable Services.

 

Obligations of users

You agree to use the website and / or Mobile App of FRACTTAL and the Services only for the purposes permitted by these Terms of Service, as well as any law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. FRACTTAL IS NOT RESPONSIBLE FOR ANY VIOLATION OF THE LAWS, RULES OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY IN YOUR NAME. IT IS YOUR RESPONSIBILITY TO ENSURE THAT USE OF THE WEB SITE AND / OR MOBILE APPLICATION, [FRACTTAL APPS], AND THE SERVICES DO NOT CONTRARY TO THE LAWS, RULES OR REGULATIONS. Specifically, you accept and warrant that by making use of the Website and / or Mobile App and / or the Services, your actions do not violate the laws, rules or regulations of i) the country, state or locality where you reside; or ii) the country, state, or location where FRACTTAL is located or operating.

 

Definitions:

  • FRACTTAL, “we”, “our” or “the company”: refers to FRACTTAL and / or any of its subsidiaries
  • “User”: Is who registers and creates a user account for the use of the website, our products and services, who must be of legal age, have the capacity to contract the service and be responsible for supervising the use that is make of our products and services.
  • “Web Platform” : It is the web system through which the user accesses his account, and can make use of our services.
  • “User Account”: The account created by the “User” through which you have access to the services and products of FRACTTAL.
  • “Products and services”: These are all services, applications, programs, codes, developments, integrations, configurations and any other solution made by FRACTTAL.

 

Service’s description

FRACTTAL allows you to collaborate on asset management and maintenance projects using a platform as a cloud-based service. Companies and people alike can use the platform from any location in a secure environment. Administrators can create and manage assets, assign tasks to their employees, upload relevant documents, and coordinate with collaborators to complete projects efficiently and effectively. Essentially, FRACTTAL provides companies with a platform to manage, communicate and collaborate in a virtual environment, based on the cloud in a secure and accessible way.

  

Use of the Services

You agree to use the Services only for the purposes permitted by these Terms of Service, as well as any law, regulation or generally accepted practices or guidelines according to the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services provided by any means other than the means provided by FRACTTAL or its authorized partners, or through automated means or to engage in any illegal activity that interferes or interrupts the Services (or the servers and networks that are connected to the Services).

 

 In addition, you agree on the following:

  • Not to interrupt or interfere with the account of any other user of the Website and / or Mobile App or the Services of affiliated or linked sites;
  • Do not upload, post or transmit through the Website and / or Mobile App or the Services any virus or other harmful, harmful or destructive files;
  • Do not use or attempt to use user accounts, passwords, or another user’s system;
  • Do not access or attempt to access any content that you are not authorized to access under the terms of this document;
  • Not to interrupt or interfere with the security of the Website and / or Mobile App, the Services, User Content, system resources, accounts, passwords, servers, or networks connected or accessible through this Website and / or Mobile App or any affiliate or related site.
  • Do not share your username and password to other people outside the contracting company of the services of FRACTTAL.

 

USER ACCOUNT

In order to make use of our Web Platform, mobile app, products and services, you must register and keep active a User Account (hereinafter “Account”), which has the nature of a personal and non-transferable. To obtain an Account you must be at least 18 years of age or a Legal Person with a Unique Tax Form and have the capacity to contract the services provided by FRACTTAL. The registration of the account requires you to communicate to FRACTTAL certain personal information, so we may request information such as: your name, address, mobile phone number, as well as at least one valid payment method. You agree to keep the information in your Account accurate, complete and updated. If you do not keep your Account information accurately, complete and updated,

You are responsible for all the activity that occurs in your Account and you agree to keep the username and password of your Account safe and secret at all times.

The Users, guarantee and are exclusively responsible for the veracity, accuracy, validity and authenticity of all information provided, provided and / or registered in our Platform, and incorporated into your Account, committing to keep it duly updated. FRACTTAL is not responsible for the fact that this information is not true, accurate and current.

FRACTTAL reserves the right to suspend or cancel accounts that are reasonably suspected to be used in contradiction to the terms in this document and / or to contain information that is false, inaccurate, outdated or incomplete.

You can also access our Website and / or Mobile App and / or Applications and the Service using a third party account with a Single Sign-On start, 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.

Please note that, if you choose to use your third party account to log in to our Website and / or Mobile App and / or Applications and use our Services or interact with other users of the Website, FRACTTAL is able to access all the data related to your third party account, including, but not limited to your list of friends, companies and “likes” or “likes” history, places you have visited, etc. This information that you provide is used for exclusive purposes of setting up your user account.

 

User content

The user account holders in FRACTTAL can upload data, information, materials and documents to be stored and associated to the user accounts in the Website and / or Mobile App (“User Content”). Subject to these Terms of Service, your user content may be used in any manner that has been authorized by you. It is your sole responsibility to determine what additional limitations, if any, are placed on the use of Distributed User Content within your work group. If you obtain unauthorized access to information created or used by other people outside your working group in conjunction with the FRACTTAL Service, you have no right to use such information in any way.

FRACTTAL does not control edit or disclose information about you or your user account, including any user content, without your prior permission, except as specified in these Terms of Service or in the Privacy Policy (https: // www. fracttal.com/politica-de-privacidad/).

FRACTTAL does not review, inspect, edit or monitor User Content stored by you or any other user of the Services, including, without limitation: viruses, worms, “Trojan horses” or any other similar or destructive contaminating feature. FRACTTAL reserves the right, solely in its own discretion, to refuse, eliminate or disable access to user content stored on FRACTTAL servers that may be considered illegal or may violate the terms of these Terms of Service, even if it has no obligation to do it in any way.

You are solely responsible for protecting the information on your computer or your other devices, for example, by installing antivirus software, updating your applications, protecting your files with a password, and preventing third party access to your computer . You understand that users of FRACTTAL services may store User Content that may become unusable due to viruses, software malfunctions or other causes. FRACTTAL is not responsible for the damages that any user may incur through the exchange and use of such User Content.

 

Your Passwords and Account Security

You must choose a personal and non-transferable password. User Accounts can not be “shared” or used by more than one individual. After accepting these Terms of Service and your user account registration has been accepted by FRACTTAL, your User Account will be established. You are solely responsible for any activity that occurs with your user account, whether or not said use is authorized by you.

Please read our Privacy Policy (https://www.fracttal.com/politica-de-privacidad/), which describes how FRACTTAL collects, uses, discloses, manages and stores your personally identifiable information (“Personal Information”) ). You accept and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with any user account you use to access the Services. In addition, you can not use another person’s user account without the permission of the account holder.

FRACTTAL is not responsible for any damage caused or related to the theft or misappropriation of your username, password, User Content, the disclosure of your username or password, or your authorization to any other person to use your name of user or password. However, you could be responsible for the losses suffered by FRACTTAL by another user or any third party due to the appropriation and use of your user account. If you are aware of any unauthorized use of your User Account, please notify [email protected] immediately  .

 

Access to the Network and Devices

You are responsible for obtaining access to the data network necessary to use our products and services. The rates and data rates and messages of your mobile network may apply if you access or use the Web Platform from a wireless device and you will be responsible for those rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform.

The income you make to our site or your use of our products or services through applications or platforms of third parties, correspond to contractual relationships with third parties, of which FRACTTAL can not be held responsible.

 

Communicate with other users

The Website and / or Mobile App, the Applications and Services may allow you to communicate with other users through third-party applications or VMA. You should be aware that when you disclose any information through these means it can be accessed by third parties. The use of any personally identifiable information and your choices regarding the use of this information are subject to FRACTTAL’s Privacy Policy.

 

User Content Security

FRACTTAL will make all reasonable efforts to guarantee access to its user content only to authorized persons. However, no restricted access system can be made completely impenetrable. Although FRACTTAL strives to ensure that all data on the Website and / or Mobile App is safe, you acknowledge and agree that it may be possible for an unauthorized third party to access to view, copy, modify and distribute the stored data and files. on the Website and / or Mobile App or Services.

 

Technical support

FRACTTAL maintains a support portal for all users on its Website and / or Mobile App, which contains frequently asked questions and useful information about the product and its use. In addition, FRACTTAL will provide technical support for its services and applications. In order to receive technical support from FRACTTAL, the user requesting such assistance must request such support using the support service function on support @ fracttal.com. The user must describe the nature of the problem to be solved, as well as the provision of information about the user (name, address, etc.). FRACTTAL will make reasonable efforts to respond to such requests in a timely manner. The user will cooperate with FRACTTAL in the search for the solution by providing the necessary information to help FRACTTAL to diagnose or solve the problem. Although FRACTTAL can not guarantee that a technical support problem will be resolved, FRACTTAL will make reasonable efforts to carry out technical support services in a professional manner.

 

Rates and Payments.

All rights and privileges set forth in this Terms of Service document are subject to the payment of the tariff applicable by FRACTTAL to its applications and services. The Payment for the Service will be according to the prices agreed between you and FRACTTAL.

FRACTTAL offers multiple options plans for users, with different amounts and features of functionality for each plan (“Service Plan”). Payment, if applicable, will be made in advance on a monthly or annual basis and is not refundable. There will be no refunds or credits for partial months of Services. For example, if you cancel your subscription to your Service Plan in the middle of a calendar month, you will still be responsible for paying the applicable fees for the rest of that month, similarly if you opt for an annual plan.

The rates do not include taxes, encumbrances or obligations imposed by the tax authorities; You are responsible for paying any applicable taxes. You acknowledge that the amount billed each month may vary for reasons that include: monetary conversion, promotional offers, changes in the characteristics of your account or changes in the amount of applicable taxes, and you expressly authorize us to charge you for such variable amounts.

In case of non-payment for any reason, FRACTTAL reserves the right to immediately deny User access to the Products and Services.

 

Information and materials provided by you

All materials, documents, communications or information submitted, sent through, or stored on this Website and / or Mobile App by you will be subject to these Terms of Service and the Privacy Policy (https: //www.fracttal. com / privacy-policy /). The security of the information is very important for FRACTTAL.

 

Term / Termination

The duration of these Terms of Service (“Term”) will begin when you start using this Website and / or Mobile App or Services and will continue in perpetuity unless otherwise resolved by FRACTTAL or by written notice. FRACTTAL reserves the right to modify, suspend or discontinue the Services or any part thereof, at any time. Without prejudice to any other right, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described in this document. In case of termination or expiration of these Terms of Service, the use of this Website and / or Mobile App and of the Services or Products provided by the company, including, without limitation, must cease immediately.

Upon termination of this agreement you will no longer be authorized to use this Website and / or Mobile App or the services in any way.

 

Links to other sites and third-party materials

This Website and / or Mobile App may provide links to other websites and / or products and services of third parties that are not under the control of FRACTTAL (collectively, “Third-Party Materials”). FRACTTAL will not be responsible in any way for the content of such third-party materials. FRACTTAL provides such links only for the convenience of the users of this Website and / or Mobile App and the Services. The inclusion of any link to any third-party material does not imply any recognition by FRACTTAL of the contents, products and / or services of said third-party materials.

 

Language of the Terms of Service

When FRACTTAL has provided you with a translation of the Spanish version of these Terms of Service into another language, you agree that the translation is provided solely for your convenience and that the Spanish version of these Terms of Service are those that will govern your relationship with FRACTTAL If there is any contradiction between the Spanish version of these Terms of Service and the translation, the Spanish version will prevail.

 

Intellectual property

Copyright, trademarks and other proprietary rights in the Website and / or Mobile App, the content (including, but not limited to, software, services, audio, video, text and photographs) and / or FRACTTAL Services and / or / or its licensors mentioned or not expressly mentioned here are reserved. It is expressly prohibited to copy, republish, make available to download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-license, reverse engineer, or create derivative works based on the content, Website and / or Mobile App, products or services of FRACTTAL.

FRACTTAL waives any right over trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties are the property of their respective owners. FRACTTAL exempts itself from any ownership interest in intellectual property rights other than its own.

 

Guarantees and legal notices

All content and / or services are provided “as is” and “as available.” FRACTTAL expressly disclaims any compensation or warranty of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or as to the operation of this Web Site and / or Mobile App of the services or the contents. You acknowledge that any information sent electronically may be intercepted in the transmission. FRACTTAL does not guarantee that the Website and / or Mobile App, the content or the servers that make this Website and / or Mobile App are free of viruses or other harmful elements. Except as agreed by FRACTTAL in writing. In the case of Contractors, agents,

The use of the services or the downloading or other use of any of the products through the website is done at your own discretion and risk and with the acceptance that you will be solely responsible for any damage to your computer system, loss of data, or other damages resulting from such activities. FRACTTAL assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the website or in connection with any of the services or products offered through the Website and / or Mobile App. No advice or information, whether oral or written, obtained by you from FRACTTAL or from the website will create any guarantee that is not expressly stated in the terms of service.

This Website and / or Mobile App may contain references to specific products of FRACTTAL and services that may not be available in a specific country. Said reference does not imply or guarantee that said products or services will be available at any time to a particular country. In no case shall FRACTTAL or any of its subsidiaries be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, income, data, information or business interruption, loss of data), under any theory of responsibility, resulting from, that arises from or in connection with the use or impossibility of using this Website and / or Mobile App or the content, products, services, declarations or actions of third parties,

Any judicial appeal filed against FRACTTAL belonging to or in relation to this site must be notified to FRACTTAL in writing to the Email: [email protected]

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

 

Guarantee

You hereby warrant that: (I) all information provided by you to FRACTTAL in relation to the service is true, accurate, correct and up-to-date; (II) you have all the power and authority to accept the terms of service; (III) is of legal age to enter into a binding contract with FRACTTAL; (IV) that will seek all government approvals necessary to effect these conditions of service; (V) that you must carry out all your obligations under these Terms of Service, in accordance with applicable laws; and (VI) your editorial, text, graphic, audiovisual or other content that is available to users of this Website and / or Mobile App and that is not provided by FRACTTAL, or this Website and / or Mobile App (1) does not infringe any intellectual property rights of third parties (2) does not constitute defamation; slander or obscenity; (3) does not result in any consumer fraud or causes harm to third parties; (4) does not promote violence or contains expressions of hatred; (5) does not violate any law, statute, ordinance or regulation; or (6) does not contain adult content or promotes illegal activities.

 

Feedback

It is possible that you want to send us suggestions or comments regarding any product, materials, software or information provided by FRACTTAL (hereinafter “Feedback”). You accept that any communication is and will be totally voluntary and may not create commercial, intellectual property or confidentiality obligation for FRACTTAL. However, FRACTTAL will not disclose the source of any information without prior notice to the party providing it. FRACTTAL will be free to disclose and use such comments as it deems appropriate, complete and without obligation of any kind. The foregoing, however, must comply with the privacy policies published on this Website and / or Mobile App.

 

Notifications and Claims Procedure for copyright infringement.

It is FRACTTAL’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide the FRACTTAL Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying FRACTTAL and its affiliates that their copyrighted material has been infringed.)

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright;
  • A description of the registered work that you claim has been infringed;
  • A description of where the material you consider infringing is located on this Website and / or Mobile App;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An affidavit of yours, that the information mentioned in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

The notification to the Copyright Agent of FRACTTAL for claims of infringement of copyright on this Website and / or Mobile App must be made to the E-mail:  [email protected]

 

Repeat infraction policy

In compliance with the Digital Millennium Copyright Act, it is the policy of FRACTTAL to suspend user accounts of users that are considered by FRACTTAL, exclusively at their discretion, repeat offenders. Repeat offenders are the users of our Website and / or App Mobile and / or Applications, identified by their user names or other unique identifier, which has received FRACTTAL more than one notification DMCA takedown published under the direction of that user, of our Website and / or Mobile App and / or Applications. Please note that FRACTTAL may terminate the access of a repeat infringer to our Website and / or Mobile App and / or App at its sole discretion. Nothing may prohibit or restrict FRACTTAL from the termination of a user account or the access of a user to our Website and / or Mobile App and / or Applications at any time and for any reason. You acknowledge and agree that the particular circumstances surrounding each claimed infringement case may require a response from FRACTTAL adapted to that specific situation. Consequently, FRACTTAL expressly reserves the right to suspend any user account and access to the Web, FRACTTAL App and services of any user if, in its sole discretion and for any reason, we believe that the circumstances relating to the violation of the intellectual property of third parties motivates such action. You acknowledge and agree that the particular circumstances surrounding each claimed infringement case may require a response from FRACTTAL adapted to that specific situation. Consequently, FRACTTAL expressly reserves the right to suspend any user account and access to the Web, FRACTTAL App and services of any user if, in its sole discretion and for any reason, we believe that the circumstances relating to the violation of the intellectual property of third parties motivates such action. You acknowledge and agree that the particular circumstances surrounding each claimed infringement case may require a response from FRACTTAL adapted to that specific situation. Consequently, FRACTTAL expressly reserves the right to suspend any user account and access to the Web, FRACTTAL App and services of any user if, in its sole discretion and for any reason, we believe that the circumstances relating to the violation of the intellectual property of third parties motivates such action.

 

Contests, raffles, auctions, and Promotions

From time to time, FRACTTAL may carry out promotions through the Website and / or Mobile App, including, without limitation, auctions, contests and sweepstakes that may be subject to additional terms and / or rules.

 

Software

FRACTTAL may offer certain types of software, to be used in conjunction with the Services, for downloading from or through this Website and / or Mobile App. Said software license is subject to the terms of the license agreement applicable to the end user. Both the software and the attached documentation available through this Website and / or Mobile App are copyrighted works of FRACTTAL. You must accept the terms of the applicable end-user license agreement before using such Software.

Unless expressly provided otherwise in the user license agreement or as agreed by FRACTTAL in writing, you may not use, copy, publish, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sub-license, decompile, disassemble, create derivative works, reverse engineer or transfer the program under license, or any subset of the Web, its products or services. Any unauthorized use will result in immediate and automatic termination of this license and may result in criminal and / or civil proceedings.

Guarantees, where applicable, regarding said software will only be applied as expressly established in the applicable end user license agreement. FRACTTAL expressly disclaims all representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement with respect to the software.

Notwithstanding the foregoing, FRACTTAL does not guarantee that: o the Services or the Software is adapted to your needs; the Services or the Software will be uninterrupted, secure, or error-free; the results that can be obtained from the use of the Services or Software will be effective, precise or reliable; the quality of any of the Services or the Software acquired or accessible by you through the Website and / or Mobile App meets your expectations; Any error in the Services or the Software, or any defect in the Website and / or Mobile App, Services or Software will be corrected.

 

Service and software updates

You acknowledge and agree to the condition that the Services will be updated and modified from time to time. These modifications can be bug fixes, improved functions, new modules, changes in the user interface, compliance with new regulations, etc. Such changes and modifications can be made without prior notice.

If you download the software or use the services of FRACTTAL, you can download and / or automatically apply subsequent updates of the said FRACTTAL Software. These updates are designed to improve, reinforce and further develop the software and can take the form of bug fixes, enhanced features, new software modules and completely new versions. You agree to receive such updates (and allow FRACTTAL to deliver these to you) as part of your use of the Software.

 

Public Sections

This Website and / or Mobile App may contain pages or sections that may be visible to all visitors of this Website and / or Mobile App, including but not limited to forums, chats, guest books, comments and image galleries, (“Publicly Edited Sections”).

Discretion should be used in the introduction of personal identification information in public sections, since they can be collected by third parties. The use of personally identifiable information contained in the Public Sections and their options regarding the use of this information are subject to the Privacy Policy published on this Website and / or Mobile App.

FRACTTAL reserves the right to modify and / or delete any message sent to the Public Sections, in its sole discretion, at any time and for any reason, including, but not limited to, material that FRACTTAL ‘considers:

(A) may constitute defamation, invasion of privacy, or be obscene, pornographic, abusive or threatening;

(B) may infringe any intellectual property or other right of any entity or person;

(C) may violate any applicable law or promote illegal activities;

(D) announces or otherwise solicits funds or is a solicitation of goods, services, advertisers or sponsors or otherwise engages in commercial activity;

(E) interrupt the normal flow of dialogue or otherwise act in a way that affects the ability of other people to perform activities in real time through the FRACTTAL websites;

(F) includes programs that may contain viruses, worms, Trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications;

(G) violate any policy or regulation established from time to time regarding the use of this Website and / or Mobile App or any network connected to this Website and / or Mobile App; or

(H) contains links to other sites that contain the type of content that falls within the descriptions listed in (A) through (G) above.

 

Illegal or prohibited use

It is forbidden to use this Website and / or Mobile App or the Services for purposes that are illegal, prohibited by these Terms of Service, or in any way interfere or attempt to interfere in the proper functioning of this Website and / or Mobile App. It is forbidden to use this Website and / or Mobile App or Services in any way that may damage, disable, overload or deteriorate the Website and / or Mobile App or the Services, or that interfere with the use of third parties and the enjoyment of this Website and / or Mobile App or Services. You agree not to use any third party software that intercepts or collects information through the Website and / or Mobile App or the Services. You may not obtain or attempt to obtain any material or information by any means that is not intentionally made available by FRACTTAL to all users of this Website and / or Mobile App or the Services. You may not institute, assist or participate in an attack against any FRACTTAL server or attempt to disrupt the FRACTTAL servers. Any attempt on your part to damage the servers of FRACTTAL or undermine the legitimate operation of FRACTTAL is a violation of criminal and civil laws and, FRACTTAL reserves the right to claim damages from any user to the maximum extent permitted by law . assist or participate in an attack against any FRACTTAL server or try to disrupt the FRACTTAL servers. Any attempt on your part to damage the servers of FRACTTAL or undermine the legitimate operation of FRACTTAL is a violation of criminal and civil laws and, FRACTTAL reserves the right to claim damages from any user to the maximum extent permitted by law . assist or participate in an attack against any FRACTTAL server or try to disrupt the FRACTTAL servers. Any attempt on your part to damage the servers of FRACTTAL or undermine the legitimate operation of FRACTTAL is a violation of criminal and civil laws and, FRACTTAL reserves the right to claim damages from any user to the maximum extent permitted by law .

 

Compensation

You agree to indemnify and hold harmless FRACTTAL, its affiliates, officers, directors, agents and employees, from any expense, loss, claim, damage, fine, sanction or liability, including reasonable attorneys ‘and other professionals’ fees, to be paid under of any judgment, judgment, court order or agreement, to the extent that they result from any claim, suit, action, arbitration or other proceeding initiated by third parties, including the evaluation, claim or demand by a governmental agency or entity, arising from your breach of these Terms of Service.

 

Privacy

FRACTTAL respects your privacy and the use and protection of your personal information. Please see our Privacy Policy (https://www.fracttal.com/privacy-policy/) for more information.

 

Links to this Website and / or Mobile App

Making links to this Website and / or Mobile App is allowed as long as it complies with the following rules. You may have a link to the home page of this Website and / or Mobile App or to any other page of this Website and / or Mobile App. However, the use of in-line linking or hot-linking or frames (frames) is not allowed. FRACTTAL does not endorse or sponsor links to its websites, products or services unless expressly authorized by FRACTTAL. You must not use the intellectual property of FRACTTAL including, but not limited to, trademarks, trade names, copyrights without written permission in advance FRACTTAL. In addition, you agree to remove the link at any time at the request of FRACTTAL.

 

End your relationship with FRACTTAL

These Terms of Service will continue to apply until terminated by you or by FRACTTAL. If you wish to terminate this legal agreement with FRACTTAL (that is, these Terms of Service), you may do so by notifying FRACTTAL at any time in writing to  [email protected]  FRACTTAL reserves the right to suspend these Terms of Service with you at its discretion, at any time, prior notice and without any responsibility of FRACTTAL.

 

Assignment

FRACTTAL may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time, with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without the prior written consent of FRACTTAL.

 

Access to the Service

If this Website and / or Mobile App is not available in any period or at any time, FRACTTAL will not have any responsibility. FRACTTAL does not give any guarantee as to the accessibility, performance or availability of the Website and / or Mobile App or the Services unless previously agreed in writing between the parties. Temporary suspension of access to this Website and / or Mobile App or Services that may occur without prior notice including, without limitation in the case of repair, maintenance, system failures, or for reasons beyond our control. 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 termination,

 

Overwhelming force

FRACTTAL will not be responsible for any breach, delay, error, loss of data or any other loss caused by events or conditions that are beyond the reasonable control of FRACTTAL.

 

Divisibility

These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is found to be invalid or unenforceable under the law applicable to any measure, then (a) such provision will be interpreted, or amended to the extent reasonably required to make it valid and applicable and consistent with the original intent underlying that provision; and (b) such invalidity or unenforceability shall not affect any other provision of this Agreement.

 

Applicable Law and Arbitration.

FRACTTAL has no responsibility nor assumes any risk if for any reason, a product or a service available on this Website and / or Mobile App generates infractions to the national legislation of any country. Those who access this Website and / or Mobile App do so on their own initiative and are responsible for compliance with their national laws.

Unless otherwise specified herein, these Conditions shall be governed and interpreted exclusively by virtue of Chilean law, excluding its conflict of law rules. The Vienna Convention on Contracts for the International Sale of Goods of 1980 (CISG) will not apply. Any dispute, conflict, claim or controversy, of whatever kind, that results from these Conditions or that are largely related to them, including those related to their validity, interpretation and enforceability (any “Dispute”), must be submitted forcibly to mediation procedures under the Mediation Regulations of the International Chamber of Commerce (“ICC Mediation Regulations”). If said dispute is not resolved within a period of sixty (60) days from the date on which the mediation request is formalized under the CCI Mediation Regulations, reference will be made to said dispute and will be resolved by an arbitrator arbitrator. . The arbitrator will be appointed by mutual agreement by the parties, and, in the absence of this agreement will be appointed by the Ordinary Justice. In this case, the arbitrator will have the status of a mixed arbitrator, that is, an arbitrator regarding the procedure and the right regarding the ruling. The designation must fall to a person who has served as a professor of the chairs of civil law or commercial law of the faculties of law of the University of Chile or the Pontificia Universidad Católica de Chile for at least two full years

The language of mediation and / or arbitration will be Spanish. The existence and content of the mediation and arbitration procedures, including the documents and reports submitted by the parties, the correspondence between the parties involved, the mediator’s correspondence, the orders and the awards issued by the sole arbitrator must remain in strict confidentiality and they shall not be disclosed to any third party without the express written consent of the other party, unless: (i) the disclosure to the third party is reasonably necessary to carry out the mediation or arbitration procedure; and (ii) the third party unconditionally accepts in writing to be subject to the obligation of confidentiality stipulated in this document.

Queries of any kind, or claims for any reason, will be made to  [email protected] Please read our Privacy Policy at https://www.fracttal.com/ privacy-policy /.

 

Copyright © 2018 FRACTTAL SpA. All rights reserved. This Website and / or Mobile App and the accompanying products and documentation are the intellectual property of FRACTTAL SpA 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 brands and slogans are registered trademarks and / or registered trademarks of FRACTTAL SpA. All other product and service brands contained in this document are trademarks of their respective owners. Any use of the brands or logos of FRACTTAL or third parties without the prior written consent of FRACTTAL SpA or the owner of the applicable brand is strictly prohibited.