Terms and Conditions

1. Introduction and Company Information

The website and/or application through which the Service is provided, hereinafter the “Website”, “Application”, “Platform” or “Service”, is owned by The Internet Company Group S.L, a company incorporated in accordance with Spanish legislation, with registered address at Avenida de Cerdanyola, nº 75, 1º, Sant Cugat del Vallès, Barcelona, holder of CIF number B21684139.

The Company makes the Website, Application, Platform and/or Service available to you so that you can learn more about us, know the services we provide and, where applicable, contact and contract with us.

2. Purpose and Scope of Application of the Terms of Use

These Terms of Use constitute, together with the Privacy Policy and the Cookies Policy, the legal framework that regulates the use of the Website, Application, Platform and/or Service. These Terms of Use will be available to you in English so that you can consult, archive or print them at any time.

To learn about any matters regarding the processing of your personal data by the Company, please visit our Privacy Policy and our Cookies Policy. Both policies will also be available to you in English so that you can consult, archive or print them at any time.

The Company may use third-party cookies on the Website, Application, Platform and/or Service. To learn more about the type of cookies used, their purpose and how to configure your browser if you do not want cookies to be used, please visit our Cookies Policy.

These Terms of Use, as well as the Privacy Policy and the Cookies Policy, have been prepared in accordance with the provisions of current applicable regulations, including, among others, Law 34/2002 on Information Society Services and Electronic Commerce, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, repealing Directive 95/46/EC.

3. Access to the Website, Application or Platform and Acceptance

Access to the Website, Application or Platform is free, except for the cost of connection through the telecommunications network provided by the Internet access provider you have contracted. You may freely browse the Website, Application or Platform and access it as many times as you wish. To access and browse the Website, Application or Platform, you do not need to register, except where registration is required to contract or use certain services.

The use of the Website, Application or Platform gives you the status of user, hereinafter the “User”, and implies your full and unreserved acceptance of these Terms of Use, as well as the Privacy Policy and the Cookies Policy. Furthermore, you agree not to use the Service for illegal purposes.

By accessing and browsing the Website, Application or Platform, you declare under your responsibility that you are of legal age and that you have the necessary legal capacity to access and use it, also declaring that you fully understand and accept these Terms of Use without reservation.

For legal reasons, we may archive the electronic documents in which purchases or subscriptions are formalized. You may access these documents at any time by requesting them at support@w3.biz.

4. Conditions of Use of the Website, Application or Platform

The User agrees to use the Website, Application, Platform and/or Service in accordance with these Terms of Use, current legislation and good faith. The User shall be liable to the Company and to any third party for any damages arising from use contrary to these Terms, applicable law or good faith.

5. Description of the Service

Through the Service, the Company allows Users to subscribe to and use digital services, tools, features and functionalities made available through the Website, Application or Platform.

The language in which the contract between the Company and the User will be concluded will be the language made available during the contracting process or, where applicable, the language corresponding to the country of origin.

The purchase or subscription process in the online service will generally be as follows:

• The User must register on the Website, Application or Platform with a username and password.
• At the time of registration, the Service may begin with a trial plan, if offered.
• Once the trial period has elapsed, the account may be limited and the User may need to subscribe to one of the available plans to continue using the Service.
• After purchasing or subscribing to the Service, the User may have access to an administration panel or user account area.

Depending on the Service contracted, the administration panel or user account area may include:

• A section with the list of items, projects, resources or content created through the Service, with the option to edit, delete or check the details.
• A section for plans and payments to consult invoices and cancel the subscription.
• An analytics, reporting or statistics section, where applicable.
• A “My Account” or account settings section to change account preferences.

Once the purchase or subscription to the Service has been made, it will be confirmed by sending an email, within a maximum period of 24 hours, to the address indicated by the User. The confirmation may include the contracted Service, how to cancel the subscription, the amount, applicable taxes, the payment method and the applicable Terms and Conditions.

5.1 Subscription

The Service subscription may vary depending on the selected plan and may be automatically renewed for the same period of time until terminated. Unless you cancel your subscription, you authorize us to charge the corresponding subscription fee to your selected payment method.

You may cancel your subscription to the Service at any time and you will continue to have access until the end of your billing period, unless otherwise provided in these Terms or required by applicable law.

6. Price and Taxes

The prices of the products or services offered through the Service are indicated in euros (€), unless otherwise stated. The Value Added Tax (VAT) in force at the time of purchase may be levied on the price of the products or services.

In any case, the transaction may be exempt from or not subject to VAT depending on the User’s country of residence or the capacity in which the User acts. For this reason, in some cases the final price of the order may differ from the one initially shown.

Purchases made by persons or entities exempt from VAT payment must indicate this by sending their VAT/NIF number by email to support@w3.biz, where applicable.

7. Payment Method

Online payment for the purchased or subscribed Service may be made by credit card, debit card or any other payment method made available through the Service.

The Company informs credit and debit card holders that transactions are carried out through a secure payment gateway, using SSL technology or equivalent security mechanisms to help guarantee the security of data transmission.

8. Right of Withdrawal and Refunds

8.1 Right of Withdrawal

The User has the right to withdraw from the contract within 14 calendar days from the date of subscription or contracting, without the need to provide any justification, where applicable under consumer protection regulations.

To exercise the right of withdrawal, the User must contact our support team through the official communication channels.

8.2 Refunds

The User may request a refund of the amounts paid within a period of 14 calendar days from the date of contracting, in accordance with our refund policy and applicable regulations. Once processed and accepted, access to the Service will effectively end.

The contracted Service is personal and non-transferable, so it may not be assigned to other users. If a refund is not requested within the indicated period, the User will retain the right to use the Service until the end of the contracted period.

9. Validity of Offers

The services offered through the Service, and their prices, will be available for purchase while they are included in the catalog of services displayed through the Website, Application or Platform.

In any case, the Company reserves the right to make the modifications it deems appropriate to the Service, being able to update products, services, features and functionalities depending on the market, technical needs or business decisions.

The Company reserves the right to change prices without prior notice.

We inform you that despite the updates made to the prices of the Service, they may contain errors. We will promptly correct any errors that appear, but such errors will not be binding on the Service.

10. Security

As indicated above, the purchase procedure, as well as the transmission of personal data and payment information, is carried out through secure systems and encrypted channels, where applicable, using SSL protocol or equivalent security measures.

We aim to guarantee the security of the Service in accordance with current technological standards. However, the Company cannot guarantee the full future security of the Service. In any case, we undertake to implement appropriate corrective measures to address any possible security breach as soon as reasonably possible.

You agree to notify the Company immediately by email at support@w3.biz of any situation that could lead to the impersonation of a User’s identity, unauthorized access to an account or any security incident related to the Service.

11. Modifications and Nullity

We may update the Terms and Conditions of the Service in the future, as well as the features and functions of the Service itself.

We will inform you of changes to the Terms and Conditions by placing a notice in a prominent place on our Website, Application or Platform and/or by email, where appropriate.

If any clause included in these Terms and Conditions is declared, totally or partially, null, invalid or ineffective, it will only affect said provision or the part of it that is null, invalid or ineffective. The Terms and Conditions will remain in force in all other respects, and such provision, or the affected part thereof, shall be deemed not included.

12. Claims and Actions Derived from the Contract

To the extent permitted by law, this Service is governed by Spanish law.

In order to simplify the resolution of claims through civil proceedings and reduce costs, we do not exclude the possibility of submitting ourselves to equity arbitration before the Court of Arbitration of the Chambers of Commerce and Industry, where applicable.

In this regard, and according to the applicable regulations, the Company informs Users of the existence of a European online dispute resolution platform that facilitates the out-of-court resolution of disputes for contracts concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr

13. Intellectual and Industrial Property Rights

The Website, Application, Platform, Service and their contents are subject to protection under current national regulations on Intellectual and/or Industrial Property, as well as under applicable international conventions. The Company is the owner or has duly licensed all Intellectual and Industrial Property rights over the Website, Application, Platform, Service and their contents.

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of exploitation, whether or not for commercial purposes, of the Website, Application, Platform, Service or their contents, without the prior express consent of the Company, is expressly prohibited.

It is expressly forbidden to erase, alter or manipulate any identifying data relating to the ownership of Intellectual and Industrial Property rights over the Website, Application, Platform, Service or their contents.

The Company reserves all Intellectual and Industrial Property rights over the Website, Application, Platform, Service and their contents, also reserving the right to exercise any legal actions that may correspond to it in order to cease, prevent or prosecute any unlawful use thereof.

In no case and under no circumstances does access to or use of the Website, Application, Platform or Service by the User or third parties constitute or imply an assignment of any kind of Intellectual or Industrial Property rights by the Company.

In no case may the lack of requirement by the Company to cease the use of the Website, Application, Platform, Service or any unlawful content contrary to these Terms be understood as tacit consent by the Company to such uses or as a waiver of the exercise of any legal action that may correspond to it.

14. Responsibilities and Guarantees

The User must use the Website, Application, Platform, Service and their contents in accordance with these Terms of Use, current legislation and good faith. Any use of the Website, Application, Platform, Service or their contents contrary to these Terms, the law or good faith is expressly prohibited, regardless of whether such use has an economic purpose.

The User will be responsible for any damage or harm caused to the Company or to third parties arising directly or indirectly from any use that the User makes of the Website, Application, Platform, Service or their contents contrary to these Terms, the law, morality, public order or good faith.

For the Website, Application, Platform, Service and their contents to be accessible to the User, the Company may require services provided by third parties. It is possible that, despite the efforts made by the Company to keep the Website, Application, Platform or Service available and accessible to Users, its availability may be suspended, interrupted or canceled for reasons beyond the Company’s control.

Therefore, the Company does not guarantee the absence of interruptions or errors in accessing the Website, Application, Platform, Service or their contents, nor that they are updated or always displayed in their latest version. Consequently, the Company declines any responsibility for damages that may be caused to the User or third parties as a result of the suspension, interruption, lack of continuity, network outage or disconnection of the Website, Application, Platform or Service.

In no case and under no circumstances will the Company be liable for damages or losses caused to the User by causes not attributable to the Company, such as, by way of example and without limitation, natural disasters, force majeure, situations of extreme urgency, viruses, harmful components, browser malfunctions, network failures, computer intrusions or third-party attacks.

15. Links

Websites, platforms, forums, chats, blogs or external social networks that link to the Website, Application, Platform or Service must clearly inform that they do not have the authorization or supervision of the Company and that such linking does not entail, suppose or imply association of any kind between the Company and the websites, platforms, forums, chats, blogs or external social networks that link to the Website, Application, Platform or Service.

In any case, any link directed to the Website, Application, Platform or Service must be directed directly to the homepage, main page or official access point, covering the entire screen of the target page, so that the link is absolute and complete without the use of frames or similar mechanisms.

The Company does not respond in any case and under any circumstances for the content, information or data related to third-party websites, platforms, forums, chats, blogs or social networks that link to the Website, Application, Platform or Service.

It is expressly forbidden to link to the Website, Application, Platform or Service from websites, platforms, forums, chats, blogs or social networks contrary to the law, morality and good customs, especially those with pornographic, illicit, illegal content or content that infringes human rights.

On the other hand, the Website, Application, Platform or Service may contain links to third-party websites, platforms, forums, chats, blogs or social networks. The Company does not have the human and/or technical means to know or control all information and content that appears on third-party websites. Therefore, in no case will the Company be responsible for the content of linked sites, and under no circumstances may such links be considered effective knowledge of the content of the sites to which they link.

16. Data Protection

As established in its Privacy Policy, the Company undertakes to use User data, respect its confidentiality and use it in accordance with the purpose of the processing, as well as to comply with its obligation to store it and adopt all measures to avoid alteration, loss, processing or unauthorized access in accordance with the provisions of current legislation regarding the protection of personal data.

The Website, Application, Platform or Service incorporates appropriate safeguards and uses industry-standard technology to improve the security, integrity, completeness, accuracy and protection of the personal data collected, and has established reasonable precautions to protect such information from possible loss or misuse.

Its data protection and security rules are periodically reviewed and improved when necessary, and the Company strives to ensure that only authorized persons can access the information provided by the User.

To learn more about the management and processing of your data, please read our Privacy Policy and our Cookies Policy.

17. Duration and Modification

These Terms of Use will remain in force for as long as they are made available to Users. As soon as they are totally or partially modified or updated, these Terms will cease to be in force and the new Terms of Use will regulate the use of the Website, Application, Platform and/or Service.

The Company reserves the right to review, modify or update these Terms of Use at any time. In the event of any change to these Terms of Use for any reason, the Company will notify Users through the Website, Application, Platform and/or by email, where appropriate, so that they are duly informed and can consult the revised, modified or updated Terms of Use.

18. General

In no case and under no circumstances may the lack of exercise of its rights by the Company be understood as a waiver of them.

The headings contained in these Terms are merely indicative or informative, and therefore do not affect, qualify or expand their interpretation.

In the event that any of the clauses contained in these Terms is declared null, abusive or unenforceable, totally or partially, by a judicial or administrative body, said declaration will individually affect the clause in question, which shall be deemed not included, without the declaration of nullity, abuse or unenforceability being extended under any circumstances to the rest of the Terms, which will remain in force.

These Terms of Use, as well as the Privacy Policy and the Cookies Policy, are governed at all times by current Spanish regulations.

19. Customer Service