Vixiees Software Use Terms and Conditions
The following Terms and Conditions of Use (the "Terms") constitute the entire agreement between Vixiees Tech-Hub SL., its affiliates and/or subsidiaries, and/or related parties ("Vixiees"), who is the legitimate owner or authorized to market and use the "Vixiees" Software for access via the web or through the mobile application (the "Platform") located at Avd. Josep Tarradellas, 19, 1-3, 08029 - Barcelona (the "Address"), electronic address https://vixiees.com and https://app.vixiees.com (collectively, the "Site") and with contact email info@vixiees.com (the "Email"); and the individual and/or legal entity that accesses it. The use of the Platform, by anyone, confers the status of user (the "User") and implies full and unconditional adherence to these Terms.
- PURPOSE
Vixiees makes the Platform available to the User, whose main purpose is the creation, operation, and commercial exploitation of automations for sales teams, integrating, among others, the instant messaging platform "WhatsAppTM" (“WhatsApp”), the call and email platform GMail; and whose information is provided by Vixiees, or by persons directly or indirectly linked to it (the "Contents").
The User acknowledges that the Platform aims to provide services that facilitate the creation, sending, and management of WhatsApp automations, as well as manually responding to messages, supported by automations, which is hosted in the cloud (cloud means processing and data storage space and applications on physical servers that are in a Data Center), through the use of electronic digital devices, such as: computer, smartphone, tablet, etc. (the "Services").
Notwithstanding the foregoing, Vixiees does not guarantee the effective resolution of all the User's needs.
The Services are provided in the Software as a Service (the "SaaS") modality, which implies that the User receives the services in the cloud (as defined below), through monthly plans, with direct and recurring charges to credit cards, debit cards, or certain payment engines, as chosen by the User when registering on the Platform.
The Services available to the User, whose particulars are those established in the following section, according to the plan chosen when registering and signing up on the Platform, contain the following components: a. "Inbound". This component allows the User to identify specific keywords or messages to execute messaging flows, guiding the User's contacts to take useful and immediate actions directly in the WhatsApp conversation; b. "Outbound". This component allows the User to generate from single shipments to multiple message flows, initiating personalized conversations with the User's customers manually (through comma-separated values —"CSV"—) or when something happens, monitoring how responses arrive at all times; c. "Out of the box validation". This component allows the User to receive emails from their contacts through pre-designed modules that facilitate the obtaining of specific and validated contact information: emails, phones, etc.; d. "No Code until you need it". This component allows the User to create complex flows without needing to code. Advanced functions for the User's engineering and technology teams are contemplated without having to resort to these for the operation of the component; e. "Detailed analytics". This component allows the User to obtain detailed reports of send rates, error, opening, and reading of flows and individual messages, including the possibility of downloading CSVs for analysis by the User; and f. "Connect to the platforms you use". This component allows the User to obtain customer flow data in their system using Vixiees' webhooks; it is possible to connect the component to any platform using another automation tool. The User agrees to comply with all and each of the procedures indicated by the applicable laws regarding the acquisition of online or digital services; and, for its part, Vixiees commits to respect and enforce the User's rights and make correct use of the data collected for such purpose, in accordance with the Privacy Notice found on the Platform.
- CONTRACTUAL USE OF THE PLATFORM.
Under these Terms, Vixiees authorizes and grants the User the use and enjoyment of 1 (one) use license of the Platform for personal use, which implies the registration and access of the same. Such granting is made under the modality "as is", temporary, non-exclusive, non-marketable, and non-sublicensable, for the acquisition of the Services. The Services that the User may acquire through the Platform (and chosen at the time of creating their username and password) are arranged in plans that contain an offer of services suitable to the tastes and needs of the User, which are described below: a. "Basic" plan, which includes: i. The possibility of managing up to 1,000 (one thousand) contacts; ii. An unlimited number of messages per contact; iii. A limited number of creation of flows and steps in the automation (flows and steps); and iv. Free technical support to link the Platform with application programming interfaces (APIs). b. "Scale" plan, which includes: i. The possibility of managing up to 2,500 (two thousand five hundred) contacts; ii. An unlimited number of messages per contact; iii. A limited number of creation of flows and steps in the automation (flows and steps); iv. Free technical support to link the Platform with application programming interfaces (APIs); and v. early access to improvements. c. "Enterprise" plan, which includes the possibility of managing more than 2,500 (two thousand five hundred) contacts, in addition to the features described in sections ii to v of the "Scale" plan. Electronic Contracting. The User acknowledges that the use and access to the Platform includes the ability to enter contracts to acquire the Services and/or to carry out electronic transactions. Therefore, the User acknowledges that electronic submissions constitute their acceptance and intention to be bound by and to pay for such services and transactions in a timely and appropriate manner. Such obligation shall be applicable to all records related to all transactions made through the Platform and the Services, including cancellation notices, use policies, contracts, and applications. Hosting. Vixiees will host the Licenses in the cloud of its choice (cloud means processing and data storage space and applications on physical servers that are in a Data Center of a third party). The hosting has adequate availability. Notwithstanding the foregoing, Vixiees will not be responsible for any downtime, total or partial absence of availability, or total or partial data loss. Data Accuracy. The User acknowledges that Vixiees will not conduct any investigation to validate the accuracy and truthfulness of the data provided by the User, so in case they present omissions, inaccuracies, or errors, releases Vixiees from any responsibility regarding any damage or harm that such acts may cause. Duration. It is understood that the subscription to the Services will have an indefinite duration until there is an instruction for withdrawal, blocking, or cancellation by the User, which must be requested in writing to the Email. However, and notwithstanding the foregoing, the charges corresponding to each Service will be generated according to the temporality specified for each one, as long as it is not canceled under the terms described in this paragraph. If the User cancels the Services, they must pay for the services that have been provided until the effective termination date. Termination. Vixiees, at its absolute discretion, may terminate the Services at any time, simply by a written notice. Price. The User will pay Vixiees for the chosen Services when entering the Platform. The price of the Services is as described below, understanding that they may vary from time to time, and at the sole discretion of Vixiees, so Vixiees will not be responsible for any detriment that such price alteration may cause the User. The price of the Services, according to the chosen Plan, is: a. "Basic" plan, with a price of €99 (ninety-nine euros) per month, VAT not included. b. "Pro" plan, with a price of €159.00 (one hundred fifty-nine euros) per month, VAT not included. c. "Enterprise" plan, which, being a plan designed according to the User's needs, the monthly subscription price of the "Enterprise" plan will be determined by the Vixiees sales team, subject to the User's acceptance. Payment Methods. The User undertakes to make the payment of the Services in the currency in circulation in Europe; in case the User wishes the charge for the Services to be made in the currency in circulation of another state, it will be subject to the corresponding payment engine. The charge for the Services, including any applicable tax, will be made through the "StripeTM" payment engine (“Stripe”), by means of a recurring monthly charge. Vixiees, for the convenience of the User, offers different payment methods that must be chosen when creating their User and password, being these: (i) Direct charge to a credit card; (ii) Direct charge to a debit card, both carried out through Stripe's payment engine; or (iii) By direct debit to the account indicated by Vixiees. The charges mentioned here will be made on a recurring monthly basis until there is a written notice from the User, where they request a change in the payment method or, if applicable, the cancellation of the Services; in which case, the User must comply with their payment obligation applicable to the monthly period where the desire to cancel was expressed. The User, as the sole responsible for the timely payment of the Services, undertakes to provide real, valid, and current data to the payment engine, where the recurring monthly charge will be made. Likewise, the User declares and guarantees in this act that the economic resources that will be invested for the payment of all and each of the obligations conferred in this document, come from sources and/or lawful activities. In case Vixiees, through the payment engine, cannot make the mentioned charge to the payment engine chosen by the User, Vixiees reserves the right to revoke or restrict the User's access to the Services until the payment is made in full. Any operational charge, or rate established by the services offered through third-party servers or portals (payment engines or banks), are completely regulated by terms and conditions set by such third parties or by applicable laws, so the User releases Vixiees from any responsibility regarding the form, time, and amount in which the charges are made, even when such charge is considered exceeded, undue, or violates any right of the User. In this way, the User undertakes to keep Vixiees at peace and safe at all times from any judicial process that may be filed due to the use of third-party servers or portals. Any change in the User's payment method must be made online. Such a change may cause a temporary interruption of access to the Services while the verification of the new information provided is carried out. The User acknowledges and accepts that Vixiees may use third-party collection services, for the purpose of collecting any outstanding debt for the Services, for which the User undertakes to collaborate in good faith for the total settlement of the debts. Billing. In case the User requires a fiscal voucher, it must be requested in writing to the Email so that it can be generated. It is an essential condition for the issuance of such voucher, that the User verifiably proves the payment of the Services in question. The User accepts that Vixiees may periodically contact them, via email to the email address associated with their registration account, with billing notices and other communications related to the Services, whether they are: i) Promotion of own products or third parties; ii) Service improvement; iii) Changes in the Services, etc.
- USE AND ACCESS TO THE PLATFORM
To access the Services, it is necessary to be of legal age and provide the required information to create an account, so it is the User's responsibility to keep the information truthful, accurate, updated, and available. The lack of updating of their account will result in the inability to access and use the Services, as well as the suspension or cancellation of it. The User is solely responsible to Vixiees, and any third party, regarding their conduct when accessing, consulting, and providing information on the Platform and the consequences that may arise from use, for illegal purposes or effects contrary to the purpose of the Platform, its content, whether or not made by Vixiees, published or not under its official name; as well as those consequences that may arise from use contrary to the content of these Terms that is harmful to the interests or rights of third parties, or that in any way may damage, disable, or deteriorate the Platform and prevent the normal enjoyment of other users.
- USE OF OTHER PRODUCTS AND SERVICES
The components or functions of the Services, including those involving the purchase and download of additional products or services, require different software or other license agreements or terms of use, so the User must read, accept, and bind themselves to those terms of use established, independently, as a condition to be able to use these components or particular features of the Service.
- IMPRECISIONS OF THE PLATFORM
The Content of the Platform and/or the Services provided may contain inaccuracies and/or typographical errors. Vixiees does not guarantee the accuracy of the Content and reserves the right, at its sole discretion, to correct any error or omission in any part of the Platform and/or the Services and to make any changes in features, functionality, or Content at any time. Vixiees, as well as any person related and/or affiliated with Vixiees, including, without limitation, directors, agents, representatives, administrators, employees, shareholders and/or agents, past or present, or allies, will not be responsible for errors or omissions in the Contents of the Platform.
- STAY ON THE PLATFORM
The User is solely responsible to Vixiees, and any third party, regarding their conduct when accessing, consulting, and providing information on the Platform and the consequences that may arise from use, for illegal purposes or effects contrary to the purpose of the Platform, its content, whether or not made by Vixiees, published or not under its official name; as well as those consequences that may arise from use contrary to the content of these Terms that is harmful to the interests or rights of third parties, or that in any way may damage, disable, or deteriorate the Platform and prevent the normal enjoyment of other Users.
- RESPONSIBILITY REGARDING CONTENTS
Correct Use of the Contents.
The User commits to: a) Use the Platform and its Contents according to applicable laws and public order, refraining from any act that undermines, deteriorates, disables, or damages the image and/or information disclosed by Vixiees or in any way injures rights or interests of third parties, directly or indirectly linked to it; b) Not to copy, disseminate, modify, reproduce, distribute, or use in any way with or without profit motives the contents and elements used on the Platform unless with the express and written authorization of Vixiees; c) Not to modify or manipulate the brands, logos, commercial notices, trade names, and distinctive signs in general of Vixiees, of the Platform, or of the persons linked to Vixiees (unless with their written authorization); d) To delete, circumvent, or modify the Contents and elements used on the Platform, as well as technical protection devices, or any mechanism or procedure established on the Platform. Excluded from the previous points is that information generated through the Platform for the use and management of the User, which may be printed and/or copied for the interests that best suit them. In case the User is a legal entity, it will adhere to the provisions of the current legislation. The User acknowledges and accepts that the use of the Platform and the Contents is at their sole and exclusive risk, so Vixiees will not be, at any time and under any circumstances, responsible for any defect or problem that may arise in the computing equipment (hardware) or computer programs (software) that the User uses to access or navigate in any part of the Platform.
Vixiees has the right to carry out, during defined temporal intervals, promotional campaigns to promote the registration of new members on the Platform. Vixiees reserves the right to modify the terms and conditions of the Services, as well as to proceed to the exclusion of any of them. Vixiees declares that all Contents, and elements used on the Platform, are duly registered and protected under the corresponding authorities and laws in Spain. The User is obliged to respect all rights contained in the Copyright Notice established on the Platform.
Platform and Contents Unrelated to the Platform and Vixiees' Contents. Vixiees may exercise its right to publish any informational material and/or sites or subsites owned by third parties, linked or not to Vixiees, that it considers of interest to the Users. Notwithstanding the foregoing, Vixiees disclaims all responsibility for the access and/or use made by the Users of the information contained therein and/or the use, origin, and destination of the information derived from different links (link, hyperlink, link). Any publication made within the Platform, by the Users, does not generate an obligation to pay third parties for reasons of promotion, publication, and/or handling of information and/or image unless there is a contract previously signed with Vixiees.
Denial and Withdrawal of Access to the Platform and the Contents.
Vixiees reserves the right to deny or withdraw access to the Platform, or its Contents, at any time, without any responsibility for Vixiees and without prior notice to the User or Users who completely or partially breach the conditions established herein and/or who perform actions or acts tending to: 1. "Harass" or otherwise harass or annoy other Users; 2. Impersonate as a representative or employee of Vixiees, making false or otherwise erroneous statements of their link with Vixiees; 3. Collect or store personal data of other users in connection with prohibited conduct and activities; 4. Forge headers or manipulate identifiers of the Platform, in order to hide the origin of the Contents; 5. Upload, post, email, transmit, or otherwise provide any content for which you do not have the right to transmit, under the terms contained in current legislation, or protected by confidentiality agreements and non-disclosure; 6. Upload, post, email, transmit, or otherwise provide materials that contain computer viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of software, hardware, or telecommunications equipment connected to the Platform; 7. Use the Platform in a manner that could damage, disable, overload, or alter Vixiees' servers or network connections; 8. Disregard requirements, procedures, policies, or standards of networks connected to the Platform that could interfere with the use and enjoyment of the Platform by any third party; and 9. Unauthorized access to accounts, computer systems, or networks connected to Vixiees' servers, through hacking attacks, password decryption, or any other method to obtain or try to obtain materials or information by any means not intentionally offered through the Platform.
The User agrees to indemnify and hold Vixiees and its officers, agents, employees, partners, suppliers, and licensors harmless against any claim or demand, as well as to cover the reasonable fees of lawyers, promoted by any third party against Vixiees due to the content that the User submits, posts, transmits, or provides in a manner other than intended on the Platform.
The foregoing, without prejudice to Vixiees' right to take the necessary legal actions to claim damages that such actions by the User could cause them.
Responsibility Regarding the Contents.
Vixiees assumes no responsibility arising from, but not limited to: (i) The use that the User may make of the materials of this Platform, or of the Contents, or of the linking websites, whether prohibited or allowed, in violation of the intellectual and/or industrial property rights of web content or third parties; (ii) The eventual damages and losses to the User caused by a normal or abnormal functioning of the search tools, of the organization, or location of the Contents and/or access to the Platform and, in general, of the errors or problems generated in the development or instrumentation of the technical elements that the Platform facilitates to the User; (iii) The contents of those pages that the User may access from links included in the Platform, whether authorized or not; (iv) The acts or omissions of third parties, regardless of the relationship that such third parties could have with Vixiees; (v) the access of minors to the Contents, as well as the sending of personal information that they could make; (vi) the communications or dialogues in the course of the debates, forums, chats, and virtual communities that are organized through or around the linking Platform, nor will it be liable, therefore, for any damages and losses that the User may suffer as a result of such communications and/or dialogues; etc. Responsibility Regarding Technological Failures. Vixiees will not be responsible in any way when there are: (i) Errors or delays in accessing the Platform at the time of entering data in the request form, the slowness or impossibility of receipt by the recipients of the request confirmation or any anomaly that may arise when such incidents are due to problems on the Internet network, fortuitous event or force majeure or any other unforeseeable contingency unrelated to Vixiees; (ii) Failures or incidents that may occur in communications, either by being deleted or by incomplete transmissions, so that it is not guaranteed that the Platform services are constantly operational; (iii) Of the errors or damages produced to the Platform by improper use of the service by the User; (iv) Of the non-operability or problems in the email address provided by the User for the sending of the request confirmation. In any case, Vixiees commits to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution of the incident. Likewise, Vixiees has the right to carry out during defined temporal intervals, promotional campaigns to promote the registration of new members in its service. Vixiees reserves the right to modify the e-commerce conditions, as well as to proceed to the exclusion of any of the terms contained therein.
- REQUESTED DATA
The User acknowledges and accepts that, for the fulfillment of the purpose of the Platform, it will be necessary for Vixiees to collect personal data and sensitive personal data, in order to include it in formats, listings, databases, or other physical, digital, and/or electronic means, to carry out the proper registration of them and offer the Services. Vixiees is not responsible for the consequences that may arise from the omission, conscious or unconscious, made by the User in this regard. For this reason, by accepting these Terms, the User expressly waives any type of claim, demand, lawsuit, or legal procedure before any Mexican or foreign authority against Vixiees, as well as any person related and/or affiliated with Vixiees, including, without limitation, directors, proxies, representatives, administrators, employees, shareholders, and/or agents, present or past, for any act that may arise, or could arise, from the use of the Platform and the Services, or any service derived from such use. 9. PERSONAL DATA In compliance with the terms provided in the LFPDPPP, Vixiees, as responsible for the processing of your personal data, informs the User that the information that the User provides on this Platform will be treated in accordance with the indications in the Privacy Notice contained on the Platform. To use or enjoy some of the Contents, it is necessary for the User to previously provide Vixiees with certain personal data ("Personal Data"). By accessing the Platform, or any of the Contents where Personal Data are required, the User is authorizing Vixiees to carry out analyses and studies based on them. The User is obliged to provide true and reliable Personal Data. In case the User provided false or confusing information, Vixiees assumes no responsibility for the results that such acts cause to the User, having the faculty to deny access to the Platform and its Contents, without prejudice to being able to require the indemnifications that may correspond. 10. HANDLING OF DATA AND INFORMATION All the information that the User provides, during their access to the Platform, is strictly confidential and will be handled only by Vixiees' internal staff. As referred to in the Privacy Notice, the Personal Data of the Users may have as a primary or secondary purpose the promotion of services, so the User, in this act, authorizes and expresses their acceptance in the use of their data for statistical, promotional, and marketing purposes, as well as any other established in this document or in the aforementioned Privacy Notice. 11. DATA INDICATORS The information that the User provides on the Platform, real or historical, is processed and ordered, to generate data indicators, which Vixiees may use to make decisions pertinent to its business, always statistically and not individualized. The User, in this act, authorizes Vixiees access to the information provided and generated on the Platform, under the terms of this document and the Privacy Notice. 12. INFORMATION PROVIDED BY THE USER The User acknowledges and agrees that Vixiees may, during the validity of the Services, depend on or use data, material, or other information delivered by the User, and that for this, they do not require independent investigation or verification, so Vixiees will be authorized to rely on the accuracy and completeness of such information to provide the Services. The User is responsible for the information they share with third parties and to whom it is shared, so they release from this act any present or future responsibility to Vixiees. Also, all the information that the User publishes by any other means immediately and forever loses the character of secrecy and confidentiality, releasing Vixiees from all responsibility regarding its use and disclosure, subject to the terms and conditions established in the Privacy Notice, when applicable. 13. RESPONSIBILITY AND QUALITY IN THE PROVISION OF SERVICES The User acknowledges that the Platform is a technological tool that is a means for the User to develop a specific activity, so they accept that Vixiees does not guarantee the quality, suitability, and/or availability of the services provided or requested through the use of the Platform and/or through its use. The User expressly recognizes and accepts all and each of the risks derived from the use of the Platform, releasing Vixiees from any present or future responsibility that could be presented. In this sense, Vixiees will not be responsible to the User, or any person related to them, for any type of damage or claim derived from deficiencies in the Services, or for any error, omission, and/or falsehood in the information provided by the User, whether through the Platform or any other means. 14. EXCLUSION OF WARRANTIES AND RESPONSIBILITIES The User is solely responsible for the use they make of the Platform and its Content. The User acknowledges that the information on the Platform and the Services is provided "as is", without any express or implied warranty of merchantability or fitness for a particular purpose. Vixiees does not guarantee the accuracy or completeness of the information, texts, graphics, links, or other elements contained in the Platform or Content. Vixiees does not guarantee the uninterrupted or error-free operation of the Platform and/or its Content. Since all the information referred to in the Platform and its Content is in the cloud, Vixiees does not control nor guarantee the absence of viruses in the Contents, nor the absence of other elements in the Contents that could produce alterations in the User's computer system (software and/or hardware) or in the electronic documents stored in their computer system. Any material downloaded or obtained in a manner other than intended on the Platform will be at the sole responsibility and risk of the User, regarding the damages that it could cause to the computer system of the device through which they make their connection and/or the loss of data derived from the download of that material. In no case, neither Vixiees nor its suppliers will be responsible for any damage derived from the use of the Platform or Content, or from not being able to use them (IN PARTICULAR, WITHOUT LIMITATION, DIRECT OR INDIRECT, MORAL, INCIDENTAL, EXCESSIVE, REMOTE AND/OR EVENTUAL DAMAGES, INJURIES, LOST PROFITS, INTERRUPTION OF COMMERCIAL ACTIVITY OR LOSS OF INFORMATION OR DATA AND/OR SECURITY BREACHES), even if Vixiees had been warned of such possibility. 15. USE OF COOKIES Vixiees informs the User that, through the use of cookies and similar technologies, it seeks to: i) Guarantee the best possible experience on the Platform; and ii) Provide the User with information about their service preferences and marketing, thus helping them to obtain the appropriate information. In case the User requires more information regarding the use of cookies and similar technologies, Vixiees makes available the Cookie Use Policy. 16. COMPATIBILITY OF ELECTRONIC DEVICES The User will be responsible for obtaining the devices or hardware that are compatible with the Platform and the Services, since Vixiees does not guarantee that these work correctly on any device. Similarly, the User agrees not to use devices, software, or any other means tending to interfere with the activities and/or operations of the Services or the Platform or with the databases and/or information contained therein. 17. MAINTENANCE OF THE PLATFORM To carry out maintenance work, Vixiees reserves the right to suspend access and/or modify the Content, as well as to delete or disable access to the Platform or the Services, without prior notice. Access to the Platform and the Services depends on the network availability that the User has, so Vixiees will not be responsible for any impossibility to access it, derived from circumstances that are outside Vixiees' control, as well as for fortuitous event or force majeure. Vixiees, when deemed necessary for the correct functioning of the Platform, may carry out patches, updates, bug fixes, and minor improvements to the Platform. 18. SUPPORT Vixiees offers the User technical support and basic guidance for the use of the tools and functionalities of the Platform, which may be via Online Chat, email, or any other means that Vixiees considers convenient and feasible, at the indefinite hours that it designates for such purpose, by prior notice. This service will have no additional cost. Likewise, the User who has requested Support, accepts and authorizes Vixiees to have full access to all the information provided on the Platform, without any limitation. In this sense and for the benefit of the User, Vixiees undertakes to keep full secrecy and confidentiality, regarding the information to which it has access. 19. INDUSTRIAL PROPERTY AND COPYRIGHT Vixiees authorizes the User to use the Platform, exclusively under the terms expressed herein, without implying that it grants the User any license or authorization, or any type of right other than the aforementioned, regarding Vixiees' Industrial Property and Copyright, understood as: all trademarks registered and/or used in Spain or abroad by Vixiees; all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, industrial secrets, commercial notices, rights reserves, domain names; as well as all types of patrimonial rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized or that may be recognized by the corresponding laws. The User acknowledges and accepts that Vixiees is the legitimate owner, or has the necessary rights, over the Platform, including Vixiees' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features contained therein (Vixiees' "Registered Trademarks"), regardless of whether those rights are registered or not, and anywhere in the world where those rights may exist, and that they are protected by laws and international treaties on industrial property and copyright. Therefore, the User accepts that Vixiees' Registered Trademarks may not be subject to copy, reproduction, modification, publication, upload, submission, transmission, or distribution in any way. Except for express indication to the contrary in this document, Vixiees does not grant the User any express or implied right under patents, copyright, trademarks, or trade secret information. The User acknowledges and agrees that the Platform, as well as all its designs, will always be, at all times, the property of Vixiees. Feedback. In case the User provides any feedback to Vixiees regarding the functionality and performance of the Platform (including the identification of possible errors and improvements), in this act, the User authorizes Vixiees to use, without restriction, all rights, titles, and interests over the expressed comments. The foregoing, without considering it as a moral right of the User to require participation or monetary retribution of any kind, or restriction in the use of such comments for its exploitation by Vixiees. 20. OTHER PROVISIONS The User agrees that a printed version of these Terms, and of any communication sent and/or received electronically, will be admissible as evidence in any judicial and/or administrative procedure. 21. MODIFICATION OF THE TERMS AND CONDITIONS OF USE OF THE PLATFORM Vixiees reserves the right, at any time, to modify and/or renew unilaterally and without prior notice the terms and conditions of use of the Platform, with the obligation to post a message on the Platform containing a notice to the User that certain modifications have been made to the Terms. It will be the exclusive right of the User, to accept or reject such modifications. In case the User does not agree with the modifications made, they may send a cancellation and termination request for their account on the Platform, to the Email. Vixiees undertakes to make effective the cancellation of the account within a period not exceeding 30 (thirty) calendar days, from the date of receipt of the User's request. Likewise, Vixiees reserves the right, at any time and without prior notice, to delete or disable the User's access to the Platform. The User will always have the Terms on the Platform in a visible manner, and freely accessible for as many consultations as they want to make. In any case, the acceptance of these Terms will be a previous and indispensable step to the acquisition of any Service. 22. DIVISIBILITY In case any term, condition, or stipulation contained in these Terms is determined to be ineffective, illegal, or without effect, it may be excluded from the body of this document and the remainder will continue in force and effect as broadly as the law allows. 23. UPDATES Vixiees may review and update, at any time, these Terms, always keeping free access to any user who wishes to know it. Vixiees reserves the right to modify, at any time, the presentation and configuration of the Platform, as well as these Terms. Therefore, Vixiees recommends the User to read attentively each time they access the Platform. Notwithstanding the foregoing, the User will always have these Terms on the Platform, in a visible and accessible manner at any time. Some clauses of these Terms may be subject to terms and conditions expressly designated and found on the Platform or on certain websites. 24. RIGHTS. Any right not expressly conferred in this document is understood to be reserved to Vixiees. 25. APPLICABLE LAW AND JURISDICTION In everything related to the interpretation and compliance with what is established herein, the Parties agree to submit to the Federal Legislation of Spain and to the jurisdiction of the competent courts in the City of Barcelona; renouncing any other jurisdiction that, by reason of their present or future domiciles, might correspond to them. 26. DIGITAL, ELECTRONIC, OR ONLINE FORM The Parties agree that the form to perfect the agreement of wills between them is Digital, Electronic, or Online, where it will be sufficient to manifest their will by accepting these Terms, as well as providing personal data and banking information on the Platform or in the different applications of the licensors, without requiring the stamping of the signature on any document. 27. ACCEPTANCE OF THE TERMS The User acknowledges that, by accessing, subscribing, and using the Platform, the Services, and/or Contents or derivatives, they express their full and unconditional acceptance and, therefore, their adherence to the version of the Terms published at the time they access the Platform, in terms of the provisions of articles 1803 and 1834 bis of the Federal Civil Code, 80, 81, 89, and other related and applicable articles of the Commercial Code and applicable legislation for Spain. It is the sole and exclusive responsibility of the User, to read previously these Terms and their corresponding modifications, each time they access the Platform. If at any time, the User does not agree, totally or partially, with these Terms, they must immediately refrain from accessing and using the Platform and the Services provided. Therefore, with the acceptance of these Terms, the User expressly consents to subject themselves to them, thus entering into a Platform use agreement with Vixiees, so they declare having read the content of each and every one of the provisions and ratify its content. 28. TOTAL AGREEMENT The User acknowledges and accepts that Vixiees made available to them all the necessary information to understand the scope and characteristics of the Platform and the Services. Similarly, they declare that, prior to accessing the Platform, they analyzed its characteristics and, consequently, agree with it.
First issue date: December 7, 2022 Last update date: December 7, 2022.
For any other questions, you can write to us at: