Terms & conditions

Last updated: April 15, 2023

These Terms of Service ("Agreement") are a legally binding contract between the user or subscriber of the Services ("User" or "you") and Taohirata SL, a Spanish company with registered office at Valencia, Calle Borrull 26, 46008 Spain. ("FullStackBigData", "Full Stack Big Data", "we" or "us").

By registering for the Services or by accessing or using the Services or the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User," "you," or "your" shall refer to such entity. If you do not have such authority, or if you do not agree to the terms of this Agreement, you must not accept this Agreement and may not use the Services.

You acknowledge that this Agreement is a contract between you and FullStackBigData, even though it is electronic and not physically signed by you, and that it governs your use of the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.

1.- SERVICES

1.1.- Definition. The “Services” consist of a set of online analytical tools for business model improvement (“Company”) and physical and digital marketing located at https://fsbd.ai or another URL we designate (the “Website”), including tools for research and analysis, data building, investment optimization, automated domain performance monitoring, analysis and conversion tracking. Among other things, the solutions allow Users to optimize Internet advertising campaigns, obtain information related to the digital market, generate comparisons and analysis about domains, and access a wide range of resources, including, but not limited to, an online platform and its application programming interface (“API”).

If you subscribe to the Full Stack Big Data API, the Services will also refer to the Full Stack Big Data API. The Full Stack Big Data API is an API that enables interoperability of software, applications, operating systems, utilities, or online services with the Website, or that may assist in displaying, downloading, or exporting information received from the Website. You may only access and use the Full Stack Big Data API for your internal business purposes, in accordance with the terms of this Agreement.

1.2.- Updates; Additional Services. The Services include all updates, modifications and enhancements that Full Stack Big Data chooses to make generally available to its users of the Services at no additional charge ("Updates"). All Updates will be subject to the terms of this Agreement. You may subscribe to additional Full Stack Big Data products and services, which will be subject to the terms of this Agreement, including any supplemental terms applicable to such additional products and services, or to separate terms and conditions that you must accept before subscribing to such additional products and services. If you subscribe to such additional services under such separate terms and conditions, such separate terms and conditions will apply to such separate services to the exclusion of the terms of this Agreement, except that Section 4.1 below will govern such additional subscription.

1.3.- Third Party Sites, Services and Products. The Services and this website may refer to or link to third party sites, products or services, including, but not limited to, artificial intelligence services. Any third party sites ("Third Party Sites") to which we link or to which you access are provided to you solely as a convenience and are not under our control. We are not responsible for the content available on any Third Party Site, and linking to or providing access to any Third Party Site does not imply our endorsement of any content or information on such Third Party Site. We are not responsible for monitoring any transaction between you and such Third Party Sites and we do not warrant, endorse, guarantee or assume responsibility for any such Third Party Sites. We may also provide you with the ability to use third-party services and products within the Services ("Third-Party Services and Products"), including, but not limited to, payment processing services, information and communication services, analytics services, mapping services, internet advertising platforms, advertising service providers, and artificial intelligence services. Your use of these Third-Party Services and Products may be subject to additional third-party terms of service and privacy policies, including, but not limited to, YouTube's Terms of Service, available at https://www.youtube.com/t/terms , Google Maps/Google Earth Additional Terms of Service, available at https://www.google.com/help/terms_maps/ , and Google's Privacy Policy, available at https://policies.google.com/privacy .

2.- DISPUTE RESOLUTION BY BINDING ARBITRATION.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You agree to attempt in good faith to resolve any dispute or claim that has arisen or may arise between us, arising out of or relating in any way to these Terms or your use of the Services or the Website (each, a “Claim”), through consultations between you and us, to be initiated upon written notice from either party to the other (the “Notice of Inquiry”). The Notice of Inquiry must describe the nature and basis of the Claim and set forth the specific relief sought (“Demand”). If such Claim cannot be resolved within thirty (30) days after receipt of the Notice of Inquiry, either party to the consultations may commence an arbitration proceeding upon written notice to the other party in accordance with this Section 2. Any notice to us under this Section 2 must be addressed to [email protected] (“Notice Address”). You agree to arbitrate all Claims between you and us that cannot be amicably resolved pursuant to the preceding paragraph. This arbitration agreement should be interpreted broadly. It includes, but is not limited to: (a) claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and (b) claims that could be asserted as class actions (and you agree to waive the right to participate in a class action pursuant to this Section 2). For the avoidance of doubt, references in this Section 2 to "Site operator," "we," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services or information available through use of the Site. This arbitration agreement does not preclude you from bringing an individual action in small claims court if your claims qualify, and so long as the matter remains in such court and proceeds solely on an individual (not class or representative) basis. In addition, this arbitration agreement does not preclude you from bringing matters to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Federal Trade Commission. You agree that, by entering into this arbitration agreement, you and we are each waiving our respective rights to a jury trial or to participate in a class or representative action, and that arbitration of disputes under this Section 2 will be conducted on an individual basis.THIS MEANS THAT YOU ARE LIMITING YOUR RIGHT TO APPEAL AND YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED, OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive any termination of this Agreement.

The arbitration will be governed by the Spanish Arbitration Society ("SEA") under its then-current rules and procedures, including the SEA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "SEA Rules"), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other SEA Rules that conflict with the waiver of class arbitration and representative proceedings set forth below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the SEA Rules. The SEA Rules are available at http://www.sea-arbitraje.org . The arbitrator is bound by the terms of this Agreement and shall apply Spanish law. The arbitrator shall decide all issues, including, but not limited to, issues relating to the applicability and enforceability of this arbitration agreement.

Unless the parties to the arbitration agree otherwise, any arbitration hearing under this Section 2 will be held in Valencia. If your Claim is for €5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the SEA Rules. If your claim exceeds €5,000, the right to a hearing will be determined by the SEA Rules.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.

Except for the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 2 is invalid or unenforceable, the other parts of this Section 2 will still apply to the maximum extent possible. In the event that the foregoing prohibition on class arbitration or representative proceedings is found to be invalid or unenforceable, then the entirety of this Section 2 will be null and void. The remainder of the Terms, including without limitation Section 11.4 (Governing Law and Jurisdiction), will continue in effect.

You may opt out of this arbitration provision only by providing written notice to the Notice Address ([email protected]) within thirty (30) days of your acceptance of this Agreement, such notice to include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

If we make any change to this arbitration provision (other than a change in the notice address) during the term of your relationship with us, that change will not apply to any Claims against us initiated prior to the effective date of the change. The change will apply to all other claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the modified terms on the Site or by email, in each case at least thirty (30) days prior to the effective date of the changes.

YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THE ABOVE BINDING ARBITRATION PROVISIONS.

3.- USE OF SERVICES

3.1.- Visitors and Users. You may visit the Website as a visitor (not registered); provided that, in order to use the Services, you must register as a user. If you are a non-paying user, you will have access only to certain limited functionality within the Services that Full Stack Big Data chooses to make available on a trial basis for free (“Non-paying Services” or “Demo”). As a paying user, you will have access to certain additional features, which may include, but are not limited to, visualizations of processed data and the ability to filter your preferences and other settings (“Paid Services”).

3.2 Right to Use the Services. Subject to the terms and conditions of this Agreement, Full Stack Big Data hereby grants you permission to access and use the Services and the Website solely for your own internal business purposes in accordance with this Agreement and the limitations of the subscription plan you select when subscribing to the Services (“Subscription Plan”), which can be found at https://fsbd.ai or such other URL as we designate. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not and will not violate any applicable law or regulation. If you are under 18 years of age, you may not register or attempt to register for the Services.

3.3.- Restrictions. You may not, directly or indirectly, (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Services or any portion thereof available to any third party; (b) use the Services for any purpose or in any manner that is unlawful (including, without limitation, in violation of any data, privacy, anti-bribery or export control laws) or prohibited by this Agreement; (c) read or attempt to read or derive the source code of the Services or the software underlying the Services (except as permitted by law); (d) work around any technical limitations in the Services; (e) interfere or attempt to interfere with or disrupt the integrity, security, functionality or performance of the Services or its components; (f) use the Services in any manner that damages or impairs the Website or interferes with any third party’s use of the Services; (g) modify, translate, adapt, create or attempt to create any derivative work from the Services; (h) access the Services if you are a competitor of ours or use the Services to create a similar or competitive work; (i) hack or attempt to gain unauthorized access to the Services or their related systems or networks; or (j) use or launch any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. You agree to comply with Full Stack Big Data’s Content Policy at https://fsbd.ai or another URL we designate, and other policies that apply to your use of the Services. You will promptly notify Full Stack Big Data if you become aware of any unauthorized use or breach of security related to the Services. If you subscribe to the Full Stack Big Data API, in addition to the restrictions set forth above, you agree to (i) not send more than 10 queries per second from a single IP address or more than 10 concurrent queries from 1 User; and (ii) not to cache information received from the Services for more than one (1) month without Full Stack Big Data's express written consent. You may not use the Services if you are legally prohibited from receiving or using the Services under the laws of the country in which you reside or from which you access or use the Services.

3.4.- Usage Data. You understand and agree that we may monitor your use of the Services, as well as the use of the Services by all of our users, and that we may use the information collected on an aggregated and anonymous basis. You agree that we may use and publish such aggregated and anonymous information, provided that such information does not identify you. In addition, we may use information that you submit to the Services without identifying you in order to improve the Services.

3.5.- Access to Beta or Demo Versions. Full Stack Big Data may provide you with access to new features, tools, resources and related information that may contain ideas about new tools and features and are not yet generally available to our users (“Beta Version” or “Demo”). Full Stack Big Data may suspend, limit or terminate access to a Beta or Demo Version at any time. You agree that Beta or Demo Versions are confidential information of Full Stack Big Data and you will not disclose any information about any Beta or Demo Version to any third party or use the Beta or Demo Version except for your internal testing and evaluation purposes and otherwise in accordance with this Agreement. You agree that Full Stack Big Data has no obligation to make any portion of any Beta or Demo Version generally available in a new release of the Services and that Full Stack Big Data makes no representations or warranties, whether express or implied, regarding the performance, availability, functionality or general release of any Beta or Demo Version.

3.6.- Promotional Giveaways. From time to time we may offer promotional giveaways for the Services, subject to specific rules that we will announce at the time of such promotional giveaway. You are solely responsible for any and all income tax consequences that may arise from such giveaway and agree that any winnings are conditioned upon your submitting to us all properly completed tax forms required by applicable law.

3.7.- Privacy. By using the Services, you authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy or another URL we designate, which forms an integral part of this Agreement. If you choose to use third party services and products (via API or otherwise), a customer management tool, or other tools within the Full Stack Big Data Services that give Full Stack Big Data access to personal data contained in your content, you agree that you are the data controller of such personal data, and that the Data Processing Agreement or another URL we designate will apply to Full Stack Big Data’s processing of such personal data on your behalf. Any capitalized terms not otherwise defined in the General Data Protection Regulation shall have the same meaning as in this Agreement. In the event of a conflict between this Agreement and the General Data Protection Regulation, the General Data Protection Regulation shall prevail. You acknowledge that the Services are not designed to process or manage sensitive information and agree not to use the Services to collect, manage or process sensitive information. We will not have, and specifically disclaim, any liability that may result from your use of the Services to collect, process or manage sensitive information.

4.- REGISTRATION AND ACCOUNT

4.1.- Registration. To register as a User of non-paid services or paid services, you must create a user account (“User Account”) by following the registration procedures and instructions set forth on the Website. There is no cost to create the User Account; however, to access the functionality within the paid services, you will be required to provide billing details. Each User Account is intended and designed to be used by an individual user, unless otherwise stated in your Subscription Plan. If your Subscription Plan includes multiple users (“Authorized Users”), you may give access to your User Account only to that number of Authorized Users as specified in your Subscription Plan, provided that each Authorized User agrees to abide by this Agreement. As a User of paid services, you may add Authorized Users to your User Account by submitting a request or another URL we designate through your User Account and paying the applicable fees for additional paid services. Authorized Users as described on the Website. If Full Stack Big Data detects repeated access to the same User Account from multiple locations, devices, or IP addresses in excess of the limits covered by your Subscription Plan, Full Stack Big Data may immediately suspend or terminate such User Account at its sole discretion. Except as permitted by Full Stack Big Data, User Accounts are not transferable.

4.2.- User Responsibilities. You are solely responsible for (a) each Authorized User's compliance with the terms of this Agreement; (b) maintaining accurate account information at all times, including a valid email address and billing information, if applicable, and updating such information as necessary; and (c) obtaining, maintaining and supporting at your own expense all hardware, software and services necessary to access the Services, including, but not limited to, Internet service providers, telecommunications providers and web browsers. You are also responsible for maintaining the security of all of your User Accounts, including, but not limited to, your user login, password and API key, and for all activity that occurs under your User Accounts. The API key is a form of access token provided by Full Stack Big Data and can only be associated with one User Account.

5.- FEES AND PAYMENT

5.1.- Fees. Users of paid services will be charged the fees set forth in the applicable Subscription Plan or as otherwise agreed to with Full Stack Big Data in a written ordering document or other writing signed by Full Stack Big Data and you (the “Fees”). At the end of the trial period for paid services, you will automatically be charged the Fees for paid services as set forth in the Subscription Plan. You agree to pay the Fees monthly or annually in advance in accordance with your Subscription Plan, or as otherwise agreed between you and us, by credit card or other payment method accepted on the Website. If you choose to pay for services on an invoice basis, you agree to pay all undisputed invoices as set forth in the written ordering document. You agree that we may charge interest at 3% per month on overdue invoices, or the highest rate permitted by law, and you are responsible for reasonable attorneys’ fees and collection costs arising from our efforts to collect overdue amounts. If you fail to pay an invoice, we reserve the right to cancel your subscription and access to the Services, and any data associated with your subscription or the Services. You may access your Subscription Plan details, including any prepaid amounts, by accessing your User Account. Any fees and bank charges will be borne solely by you. Except as otherwise set forth in our Cancellation and Refund Policy or another URL we designate (“Cancellation Policy”), all payment obligations are non-cancellable and all Fees paid are non-refundable. If you demonstrate a pattern of repeated registrations for paid Services followed by cancellation and request for refund, we may, in our sole discretion, withhold additional registrations and/or refuse additional refunds.

5.2.- Taxes. All Fees do not include taxes, which we collect as applicable. You agree to pay all taxes applicable to your use of the Services, other than taxes based on our gross revenue or net income. If you are located in the European Union, all Fees do not include VAT and you represent that you are registered for VAT in your member state. Upon request, you will provide us with the VAT registration number under which you are registered in your member state. If you do not provide us with a VAT registration number before your transaction is processed, we will not issue refunds or credits for any VAT charged. If you are subject to goods and services tax, all Fees do not include goods and services tax. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive full payment as if there were no deduction or withholding.

5.3.- Change in Fees. We reserve the right to control the number of Users using your User Account. You agree to pay the additional Fees if you exceed the limits of your Subscription Plan. You also agree to pay the Fees applicable to any additional Services you or any Authorized User add or any changes you or any Authorized User make to your Subscription Plan during your subscription term. Such additional Fees will take effect as of the date of such addition or change and may not be reduced during the term of your Subscription Plan. If you are a paying Services User, we may change the Fees and introduce new charges applicable to your use of the Services, which (unless otherwise agreed in writing with Full Stack Big Data) will take effect as of the first day of your subscription term renewal. We may also increase the Fees upon notice if we make changes to the Services at your request.

6.- PROPERTY AND INTELLECTUAL PROPERTY

6.1.- Proprietary Rights. You agree that all right, title and interest in and to the Website, the Services, the Full Stack Big Data API, the technology underlying each of them, all modifications and any work product we create in connection therewith, and all intellectual property rights in each of the foregoing, including, without limitation, patents, copyrights, trademarks, database rights, moral rights, know-how rights and trade secrets (and any licenses relating to any of them) throughout the world, whether or not registered or capable of registration, and whether subsisting in any specific country or countries or elsewhere in the world, are and will remain the sole and exclusive property of Full Stack Big Data, its licensors or affiliates. Except for access to the Services, no other rights are granted to you with respect to the Website or the Services. Full Stack Big Data reserves all rights not expressly granted in this Agreement.

6.2.- Full Stack Big Data Marks. FullStackBigData®, SmartTao®, Taohirata®, Telcogital®, Digital Rivals®, Digital Analytics®, Digital Interests®, Digital ADS Budget®, FSBD Competitors®, FSBD Interests®, FSBD Ads Optimizer®, FSBD P & L®, FSBD Feed Financial®, FSBD Forecast® and all other Full Stack Big Data Marks (the “Full Stack Big Data Marks”) are trademarks or service marks of Full Stack Big Data or its affiliate. All other marks and logos are the property of their respective owners. You may not use the Full Stack Big Data Marks, including in meta tags or any “hidden text,” without our prior written permission. You may not use the Full Stack Big Data Marks in any manner that disparages Full Stack Big Data or its products or services or portrays Full Stack Big Data in a false, competitively adverse, or poor light. Your use of the Full Stack Big Data Marks is subject to the usage guidelines that Full Stack Big Data makes available from time to time. You agree not to challenge the ownership of the Full Stack Big Data Marks or register or attempt to register any confusingly similar marks in any jurisdiction for any reason.

6.3.- Attribution. You hereby grant Full Stack Big Data, its affiliates, resellers, and other partners who resell and/or distribute the Services on behalf of Full Stack Big Data (“Partners”) to end users permission to use your name, logo, and other proprietary marks for Full Stack Big Data and its partners, for promotional, informational, and advertising purposes. You may revoke your consent by submitting a request or another URL we designate.

6.4.- Feedback. You are under no obligation to provide Full Stack Big Data with any ideas, suggestions, comments or other feedback relating to the Website, the Services or Full Stack Big Data (“Feedback”). If you choose to provide any Feedback, you agree that such Feedback is non-confidential and that we have all rights to use and incorporate such Feedback into the Services, or any other products or services, without payment or attribution to you.

6.5.- Claims of copyright infringement. If you believe that your work has been used in connection with the Website or Services in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify Full Stack Big Data at [email protected] or contact Full Stack Big Data at: Taohirata SL, Av. d'Aragó, 30, 46021 Valencia. Attn: General Counsel. You may submit a notification pursuant to the Intellectual Property Law (for more details) in writing: identify the copyrighted work that you claim has been infringed (or if there are multiple copyrighted works, then a representative list of such works); identify the content on the Website or Services that you claim is infringing in sufficient detail so that Full Stack Big Data can locate it; your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; your statement that the notification is accurate and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; information reasonably sufficient to permit Full Stack Big Data to contact you, i.e., address, telephone number, and email address; and your physical or electronic signature. Upon receipt of notification containing all of the information set forth above, Full Stack Big Data will take whatever action, in its sole discretion, it deems appropriate, which may include notification to the alleged infringer, removal of the disputed use from the Website or Services, or termination of the account.

7.- TERM; TERMINATION

7.1.- Term. Unless otherwise indicated in writing by Full Stack Big Data, this Agreement commences on the first day you visit the Website and remains in effect as long as you access or use Full Stack Big Data's services or the Website.

7.2.- Subscription Term and Renewal. If you are a Paid Services User, your initial subscription period will be specified in your Subscription Plan and, unless otherwise agreed in writing by Full Stack Big Data, your subscription will automatically renew for the same period on the then-current terms. You may prevent subscription renewal by sending us a notice of non-renewal or such other URL as we designate, prior to the last day of the then-current subscription period.

7.3.- Subscription Cancellation. You may cancel your subscription at any time in accordance with the terms of our Cancellation Policy by submitting written cancellation notice or another URL we designate and providing the information requested in the cancellation policy. Cancellations of subscriptions to paid services will become effective at the end of your prepaid subscription period; cancellations of unpaid services will become effective within 7 days of our receipt of your request, including the information required in accordance with the cancellation policy. Except as otherwise set forth in the cancellation policy, cancellation does not entitle you to a refund of any prepaid or unused Fees and you agree to promptly pay all unpaid Fees due through the end of the applicable subscription period. Notwithstanding anything to the contrary herein, Full Stack Big Data reserves the right to terminate your subscription upon immediate notice for any reason, provided that if Full Stack Big Data terminates your paid subscription, Full Stack Big Data agrees to refund any prepaid but unused Fees covering use of the Services after the effective date of cancellation.

7.4.- Deregistration. You may delete your User account at any time by submitting a request or another URL we designate. If you delete your User account, Full Stack Big Data may delete all of your data and information stored on Full Stack Big Data's servers and Full Stack Big Data will not assume any liability for the deletion or loss of such data or information. Even if you delete your User account, you agree to pay all Fees incurred prior to deregistration until you pay them in full.

7.5.- Termination for Cause. Either party may terminate this Agreement for cause, as to any or all of the Services: (i) upon thirty (30) days' notice to the other party of a material breach if such breach remains uncured at the expiration of such notice period, or (ii) immediately, if the other party is the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors. We may also terminate this Agreement for cause (i) upon thirty (30) days' notice if we determine that you are acting, or have acted, in a manner that has or may adversely reflect upon or affect us, our prospective clients, or our customers; or (ii) immediately without notice, if you breach Section 10 of the Agreement. If you terminate this Agreement for cause, we will promptly refund any unused Prepaid Fees covering use of the Services after the effective date of termination. If we terminate this Agreement for cause, you will promptly pay all unpaid Fees due through the end of the applicable subscription term and no refund will be owed to you.

7.6.- Suspension. Full Stack Big Data reserves the right to monitor compliance with this Agreement. Full Stack Big Data may, without prejudice to our rights under this Agreement or applicable law, suspend any or all of the Services, effective immediately upon notice (which may be electronic) if (a) Full Stack Big Data determines in good faith that your use of the Services violates any applicable law, the terms of this Agreement, or the rights of any third party; (b) we are prohibited by court order or by order of other governmental authority from providing access to the Services; or (c) we reasonably determine that the Services are being used for any abusive, illegal, or fraudulent activity and that the Services are subject to a security incident, denial-of-service attack, or other event affecting the security of the Services or any Content. Such suspension may apply to specific jurisdictions, lines of business, a specific customer or customers, or a group of users. If you are a Paid Services User, Full Stack Big Data will use commercially reasonable efforts to give you thirty (30) days after notice of suspension to back up your data stored on the Services, after which we may completely delete it from our servers. If you have any amounts owed that remain unpaid for ten (10) days following receipt of notice of nonpayment, or if we are unable to process payment through your billing account on file, we may suspend your access to any or all of the Services, provided that we do not suspend the portion of the Services for which you are reasonably and in good faith disputing the applicable charges and cooperate diligently to resolve the dispute. If the Services, or any portion thereof, are suspended for nonpayment, we may charge a reactivation fee to reinstate the Services. Nothing in this section limits our right to terminate this Agreement for cause described above.

7.7.- Suspension and Termination of Unpaid Services. We may suspend, limit or cancel unpaid services for any reason, at any time and without notice. We may cancel your subscription to unpaid services due to your inactivity.

7.8.- Effect of Termination. Upon expiration or termination of this Agreement, including by cancellation, or if you deregister your User account, all of User's rights with respect to the use of the services will immediately terminate. User acknowledges and agrees that Full Stack Big Data may delete all User data and information stored on Full Stack Big Data's servers within a reasonable period of time (not less than thirty (30) days) after expiration or termination of the Agreement or deregistration of your User account, provided that Full Stack Big Data may retain copies of such data and information to the extent required by law, for archival purposes or created by automatic computer backups and archived as part of normal computerized filing systems, maintaining the necessary technical and organizational measures.

7.9.- Survival. Upon termination of this Agreement for any reason, all provisions relating to indemnification, warranty, liability and limits thereon, and any provisions which expressly or by their nature must survive such termination in order to achieve their purpose, shall survive termination and shall no longer be required to survive in order to achieve their purpose.

8.- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

8.1.- Disclaimer of Liability. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. FURTHER, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY SITE TO WHICH THE WEBSITE OR SERVICES ARE LINKED.

8.2.- Limitation of Liability. With the exception of the indemnification obligations set forth herein, in no event shall either party and their respective affiliates, officers, directors, employees or agents be liable for any indirect, incidental, special, punitive or consequential damages or loss of profits, revenues, data or business opportunities arising out of or related to this Agreement, whether an action is in contract or tort and regardless of the theory of liability arising out of or related to this Agreement or the use of the services or the Website. Our maximum aggregate liability to you for any damages arising out of or related to this Agreement is limited to (a) fifty euros (€50) or (b) the amounts you have paid us under this Agreement within the preceding three (3) month period. You understand and agree that if you do not agree to this limitation of liability, we will not provide the services to you. Any cause of action you may have hereunder or with respect to your use of the Site or our Services must be commenced within one (1) year after the claim or cause of action first arises. The limitation of liability set forth in this paragraph shall apply to the fullest extent permitted by law.

8.3.- Disclaimer of warranty regarding third party sites, services and products. Full Stack Big Data and its affiliates disclaim any liability with respect to Third Party Sites, your access to Third Party Sites and the Third Party Services and Products you use and for any claims arising from Full Stack Big Data's authorized use of your Content.

9.- INDEMNITY.

You agree to defend, indemnify and hold harmless Full Stack Big Data and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (a) your breach or other violation of this Agreement, (b) your Content, (c) your use of and access to the Services and the Website, or (d) your violation of applicable law or any third party rights, including but not limited to any privacy, intellectual property or other proprietary right. This defense and indemnification obligation shall survive the termination of this Agreement and your use of the Services and the Website. Full Stack Big Data reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Full Stack Big Data in defending such matter.

10.- EXPORT RESTRICTIONS

Exportaciones, reexportaciones y transferencias de productos y servicios de Full Stack Big Data, incluida tecnología, software (incluido el código fuente), productos básicos, datos técnicos, tecnología relacionada y los productos directos de los mismos, incluido el sitio web y los servicios (los «Artículos de Full Stack Big Data»). ) están sujetos a las leyes y regulaciones de exportación y sanciones de Europa, incluidas aquellas administradas por la Oficina de Industria y Seguridad del Departamento de Comercio bajo sus Regulaciones de Administración de Exportaciones, la Oficina de Control de Activos Extranjeros del Departamento del Tesoro bajo sus regulaciones de sanciones económicas, y otras exportaciones y sanciones aplicables. leyes, restricciones y regulaciones de cualquier agencia o autoridad gubernamental europea y no europea (“Leyes de exportación aplicables”). No puede acceder, descargar, distribuir, usar, exportar, reexportar, liberar o transferir de otro modo los Artículos de Full Stack Big Data en violación de las Leyes de exportación aplicables. Usted acepta cumplir con todas las leyes de exportación aplicables y no proporcionar ni poner a disposición, directa o indirectamente, los artículos de Full Stack Big Data en violación de dichas leyes de exportación aplicables, o sin todas las aprobaciones necesarias, incluidas, entre otras, para el desarrollo, diseño y fabricación, o la producción de armas nucleares, químicas o biológicas de destrucción masiva, ni utilizará los Artículos de Full Stack Big Data para un uso final militar o un usuario final militar en China, Rusia o Venezuela. Los Artículos de Full Stack Big Data no pueden descargarse ni proporcionarse ni ponerse a disposición de otro modo, ya sea directa o indirectamente, (i) en Cuba, Irán, Corea del Norte, Siria, la región de Crimea en Ucrania o cualquier otro país sujeto a sanciones comerciales de Europa., a individuos o entidades controladas por dichos países, o a nacionales o residentes de dichos países distintos de los nacionales que sean legalmente admitidos como residentes permanentes de países no sujetos a tales sanciones; o (ii) a cualquier persona que esté en la lista de Nacionales Especialmente Designados y Personas Bloqueadas del Departamento del Tesoro de España. o en la Tabla de Órdenes de Denegación del Departamento de Comercio de España. Al aceptar este Acuerdo, usted acepta lo anterior y declara y garantiza que no se encuentra en, ni está bajo el control de, ni es nacional o residente de ninguno de dichos países ni en ninguna de dichas listas y que no compartirá los Artículos de Full Stack Big Data con cualquier persona cuyo estado se describe en los puntos (i) o (ii) anteriores.

11.- PROVISIONES GENERALES

11.1.- Confidencialidad. Toda la información confidencial divulgada por una parte («Parte Divulgadora») a la otra parte («Parte Receptora»), ya sea oralmente o por escrito, que sea designada por escrito como confidencial («Información Confidencial») será salvaguardada por la Parte Receptora. en la misma medida que la Parte Receptora salvaguarda su propia información del mismo tipo, pero utilizando al menos un grado de cuidado razonable. La Parte Receptora no utilizará Información Confidencial para ningún propósito fuera del alcance de este Acuerdo ni divulgará Información Confidencial a ningún tercero (excepto lo establecido explícitamente en nuestra Política de Privacidad). Las obligaciones de la Parte Receptora en virtud de esta sección no se aplicarán a la información que esté disponible públicamente sin culpa de la Parte Receptora, que ya esté en posesión de la Parte Receptora sin obligación de confidencialidad, obtenida legítimamente por la Parte Receptora de terceros que no están bajo obligación de confidencialidad, o de forma independiente. desarrollado por la Parte Receptora como lo demuestra la documentación escrita. Si, de conformidad con una orden judicial o gubernamental, se solicita a la Parte Receptora que divulgue Información Confidencial, la Parte Receptora notificará por escrito a la Parte Reveladora (si no está legalmente prohibido hacerlo) suficiente para permitir que la Parte Reveladora solicite una orden de protección y la Parte Receptora La Parte cooperará con la Parte Divulgadora en dicho esfuerzo.

11.2.- Asignación. No puede ceder ni transferir este Acuerdo, ni los derechos u obligaciones derivados del mismo, sin nuestro consentimiento previo por escrito. Podemos ceder este Acuerdo, total o parcialmente, sin restricciones. Cualquier cesión o transferencia que viole lo anterior se considerará nula y sin efectos. Sujeto a lo anterior, las disposiciones de este Acuerdo serán vinculantes y redundará en beneficio de las partes del mismo y de sus respectivos sucesores y cesionarios.

11.3.- Fuerza mayor. No seremos responsables del incumplimiento o retraso en el cumplimiento de nuestras obligaciones como resultado de cualquier condición más allá de nuestro control razonable, incluidos, entre otros, equipos o servicios de terceros, fallas de comunicaciones, acciones gubernamentales, guerras, actos de terrorismo, terremotos, incendios. , inundaciones u otros casos fortuitos, condiciones laborales, cortes de energía y perturbaciones de Internet.

11.4.- Ley aplicable y jurisdicción. Sujeto a la Sección 2 (Resolución de disputas mediante arbitraje vinculante), indistintamente de donde se encuentre, este Acuerdo se rige por las leyes de España, la jurisdicción y lugar será Valencia, España. La ley aplicable no tiene en cuenta ningún conflicto de principios legales. La Convención de las Naciones Unidas sobre Contratos de Compraventa Internacional de Mercaderías no se aplicará a este Acuerdo.

11.5.- Avisos. Las notificaciones se las enviaremos a la dirección de correo electrónico registrada asociada con su cuenta. Para cambiar la dirección de correo electrónico registrada en su cuenta, debe notificar a Full Stack Big Data en [email protected]. Usted acepta recibir comunicaciones nuestras en formato electrónico. Todos los avisos dirigidos a usted se considerarán recibidos cuando se envíen. Podemos, pero no estamos obligados a hacerlo, proporcionar comunicaciones en formato papel. Los avisos legales que se nos envíen se enviarán a [email protected].

11.6.- Acuerdo completo. Este Acuerdo es el acuerdo completo entre usted y Full Stack Big Data con respecto a su uso del sitio web y los servicios y reemplaza todas las demás propuestas y acuerdos, ya sea en forma oral, escrita o electrónica. En caso de cualquier conflicto entre los términos de este Acuerdo y los términos del Sitio web o cualquier otro documento, prevalecerán los términos de este Acuerdo. Ningún término de ninguna orden de compra ni de la documentación de ningún pedido se incorpora ni forma parte de este Acuerdo. Si ha solicitado los Servicios a través de nuestro revendedor, los términos de este Acuerdo se aplicarán con exclusión de todos los demás términos y condiciones variables. Los revendedores no están autorizados a hacer promesas o compromisos en nuestro nombre, y no estamos sujetos a ninguna obligación hacia usted que no sea la que especificamos en este Acuerdo.

11.7.- Cambios. PODEMOS CAMBIAR LOS TÉRMINOS DE ESTE ACUERDO DE VEZ EN CUANDO PUBLICANDO EL ACUERDO ACTUALIZADO EN EL SITIO WEB. USTED PUEDE REVISAR LA VERSIÓN MÁS ACTUAL DE ESTE ACUERDO EN CUALQUIER MOMENTO EN https://fsbd.ai O EN UNA URL SUCESORA QUE PODEMOS DESIGNAR. LOS TÉRMINOS Y CONDICIONES REVISADOS ENTRARÁN EN VIGOR INMEDIATAMENTE DESPUÉS DE PUBLICAR EL TEXTO ACTUALIZADO EN EL SITIO WEB. SI USTED UTILIZA LOS SERVICIOS DESPUÉS DE DICHA FECHA, DICHO USO CONSTITUIRÁ LA ACEPTACIÓN DE LOS TÉRMINOS Y CONDICIONES REVISADOS. También nos reservamos el derecho de modificar los servicios de vez en cuando a nuestro exclusivo criterio. Si algún cambio a este Acuerdo no es aceptable para usted, o si algún cambio que realizamos en los servicios es una reducción material en la funcionalidad, usted puede, como único recurso para dicho cambio, dejar de usar los servicios y enviar una solicitud de cancelación a través del formulario https://fsbd.ai u otra URL que designemos.

11.8.- Languages. You agree that this Agreement is written in Castilian and/or Spanish, and that the Castilian and/or Spanish version of this Agreement and any related documents (including notices) shall prevail. Notwithstanding the foregoing, if you are located in a country whose laws require contracts to be in the local language to be enforceable, then the version of this Agreement that governs is the local language version produced by Full Stack Big Data within a reasonable time after your written request to us.

11.9.- No Waiver. No failure or delay by Full Stack Big Data in exercising any right or remedy shall constitute a waiver of that right or remedy or any other right or remedy. A waiver on one occasion shall not be a waiver of any right or remedy on any future occasion.

11.10.- Severability. If any court or other authority of competent jurisdiction determines that any provision of this Agreement is invalid, unenforceable or illegal, this will not affect the operation of this Agreement or affect the remaining provisions that are valid.

11.11.- Relationship of the Parties. This Agreement does not create or imply any agency, partnership or franchise relationship. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any right, benefit or remedy of any nature.

11.12.- No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person other than the parties and their respective successors and assigns any legal or equitable rights, benefits or remedies of any nature whatsoever under this Agreement.

11.13.- End Users of the Government of Spain. The Services and their underlying software are commercial computer software developed at private expense. If you are an agency, department or other entity of the Government of Spain, use, duplication, reproduction, publication, modification, disclosure or transfer of the Software or any technical data is restricted to only those rights customarily provided to the public as set forth in this Agreement.