Metricool, in compliance with the provisions of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter LISSEC), hereby notifies the User, prior to the rendering of services, of the procedures and obligations required for the execution of this agreement:
- The User undertakes to enter the personal details and any additional information required for the service to be provided.
Metricool guarantees, by means of the contents of the Conditions, to comply fully with applicable consumer protection legislation in order to protect the legitimate interests of users throughout the entire process of contracting the products, services, content and/or tools offered via the website.
2. THE PARTIES TO THE AGREEMENT
The present Conditions are subscribed by:
Metricool Software SL, (hereinafter Metricool), with registered offices at Calle Téllez 12, Madrid (Spain), for notification purposes, with VAT number ES B87527115. Metricool is a registered trademark in the Spanish Office of Patents and Trademarks with the number: M 3558609 (5).
The User, being the person that uses the website and/or the products, services, content and/or tools and who has entered his or her details in the form provided by Metricool in order to access any of the products, services, contents and/or tools offered via the website owned by Metricool. The User is solely and exclusively responsible for the authenticity of the data entered.
3. SCOPE AND PURPOSE
The present Conditions applying to the offer of services, as well as any other terms and conditions which may be applied, have the purpose of regulating the purchase and acquisition of the products, services, contents and tools provided by Metricool to the User via its website and constitute the legal framework within which the contractual relationship is established, whether via financial transaction or the free provision of goods or services (in accordance with the specific license agreements corresponding to the products, services, contents and/or tools).
The products, services content and or tools subject to this agreement will be those made available to users at the following website belonging to Metricool: http://metricool.com
All of the products, services, contents and/or tools will be subject, where applicable, to specific contractual conditions which will be available on the website. Similarly, the products, services, contents and/or tools which so require, will be subject to the terms and conditions of their respective end user license agreements.
These conditions and user license agreements are available for consultation, printing and saving by the User prior to executing the agreement.
4. ACCEPTANCE AND AVAILABILITY OF THE CONDITIONS OF USE OF THE WEBSITE
The present Conditions, along with any specific conditions that could apply, regulate the contractual relationships entered into by the User via the Metricool website. The User expressly accepts to abide, without reservation, by the version of these provisions published by Metricool at the moment in which the product, service, contents or tools are contracted. The User therefore undertakes to read the contractual conditions each and every time he or she contracts a product or service, as said conditions may have changed since they were last accessed.
The present Conditions are not exhaustive and other conditions specific to certain products, services, contents or tools available on the website may exist and will be available to the User where applicable.
By accepting the present Conditions the User declares:
- That he or she is legally entitled to execute agreements.
- That he or she has read and accepts the present Conditions.
The User will always have access to all contractual terms and conditions applying to the products, services, tools and content available on the website prior to the execution of the agreement. The User may contact Metricool by e-mail at: email@example.com with any questions relating to the present Conditions.
5. MODIFICATION TO THE CONDITIONS FOR CONTRACTING AND USING THE WEBSITE.
Metricool may, with due cause or reason, modify the present provisions. Due cause or reason is understood to be when such modifications are as a result of the:
- Increase to the range of products and services available to the User or improvements to existing products and services.
- Adaptation to technological advances of the products and services subject to the present conditions.
- Modification, substitution or update of the prices of the products and services offered via the website.
6. CONDITIONS FOR ACCESSING THE WEBSITE AND USING THE PRODUCTS AND SERVICES
Access to the Metricool website is free of charge, without prejudice to any specific pricing conditions that may apply to the acquisition of certain products or services or the use of certain content or tools.
The User undertakes and guarantees to use the website in accordance with applicable legislation, the Conditions established in the present agreement and respecting accepted moral standards.
To this end, the User undertakes to:
- Not use the services, products, content and/or tools that Metricool has made available, for illegal purposes or purposes expressly prohibited by these provisions or the effects of which may infringe upon the rights or interests of Metricool or third-parties.
- Abstain from any activity that could damage, overload, harm or impede the normal functioning of Metricool’s website. Similarly, and in accordance with applicable legislation, the User undertakes to refrain from illicitly or fraudulently obtaining site contents or stealing or plagiarising said contents.
- Not to use the products, services, contents or tools for illicit purposes, or for any end which could be prejudicial to Metricool. The User shall not modify, copy, distribute, publish, grant or sell any information or image in any way related to the products, services, contents or tools offered by Metricool through its website content.
The User shall hold Metricool harmless in the event of damages caused to third-parties as a result of the User’s rightful or wrongful use of the products, services, contents or tools available on the website.
To this end, the User accepts sole and exclusive for any liability that may arise from the circumstance described in the previous paragraph. Similarly, the User will meet legal costs and compensation that could arise from legal proceedings resulting from the User’s failure to comply with that established in the preceding clauses or in any other applicable legislation.
Metricool, in order to guarantee the rights established in these Conditions and fulfilment of applicable legislation, may:
- Appoint administrators to supervise the service, respecting, in all circumstances, the User’s right to privacy.
- Temporarily interrupt website services without prior warning and at any time for technical or legal reasons.
- Modify the conditions governing the offer of products, services, content or tools for technical or legal reasons.
- Modify the content of products, services, content or tools on the website without prior notice, should it see fit for business reasons. It also reserves the right to refuse access, without prior notice, to the products, services, content or tools to any User who contravenes the present Conditions.
- Remove or replace any information that may be illegal or simply offensive from the products, services, contents or tools offered via the website.
- Report to the competent institutions any suspected illicit conduct, activity or data of which Metricool is aware.
7. THE PARTIES’ OBLIGATIONS
- Metricool’s obligations
Metricool undertakes to fulfil the following contractual obligations which arise from the commercial relation with the User as a consequence of his or her contracting the products, services, content or tools:
Provide the User, in good faith and with maximum guarantees, the product, service, content and or tool requested by the User in accordance with the present Conditions, and the end user license agreement where applicable.
Expressly inform the User of the existence of the present Conditions prior to the execution of the agreement.
Specifically, precisely, clearly and unequivocally inform the User prior to the execution of the agreement of the specific characteristics of the products, services, content or tools requested, as well as of the prices and any applicable taxes.
Make available to the User the text of the Conditions. Similarly, and for those products, services, content and/or tools that require, any applicable specific terms and conditions derived from the user license agreement of the item in question.
Give the User confirmation that the transaction has been successful, except in the case of those products that are executed immediately, within 24 hours of payment (where required) and acceptance of the applicable conditions by the User.
Send the User the receipt of payment or invoice for the products or services contracted from Metricool, should such products or services require purchase.
Comply with applicable consumer rights regulations and legislation with respect to the return of products and services by the User, as specified in the sections concerning returns in the present Conditions.
- The User’s obligations
The user undertakes to:
Fulfil the obligations established in the present Conditions, as well as the specific conditions established on the website at:http://metricool.com, concerning the products, services, content and tools offered by Metricool.
Complete the registration forms with true and accurate information, where such information is a mandatory requisite for accessing Metricool’s products, services, contents or tools.
Complete the forms required for the purchase of products, services, content and tools with true and accurate information, as such information may be necessary for these items to be delivered and/or invoiced.
Use the products, services, content and tools in accordance with the specifications laid out in the Conditions and solely for the purposes established in the end user license agreement.
Provide, in the case of purchasing products, services, content and tools, the financial details required by Metricool, and pay all sums due in accordance with the method of payment and the established prices published by Metricool with respect to each product or service at the moment they are contracted.
Refrain from sending messages which could impede or interfere with the normal operation of the services offered by Metricool. In any event, the User will be solely responsible for the messages he or she composes and sends, as well as the data he or she provides.
8. LIABILITY OF THE PARTIES
- Metricool’s liability for the functionality of the website.
Metricool will only be liable for loss or damages incurred by the user as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to willful misconduct on the part of Metricool.
Similarly, Metricool will not be held liable for damages incurred by the user in the event of the impossibility of offering the service subject to the present general agreement conditions due to accident, force majeure or other causes not attributable to Metricool.
Neither will Metricool be liable for the malfunction of the website where such malfunction is due to maintenance work, incidents, malfunction of the terminal or lack of sufficient resources for supporting the systems essential for the use of the service.
Metricool will take the measures necessary to ensure a rapid response, but Metricool will not be held responsible for delays attributable to telecommunication services nor does it guarantee delivery times for product, services or where applicable, contents or tools.
- User’s liability.
The User will be solely liable for the consequences of the communication of false data or data corresponding to third parties.
In the event of failure by the User to comply with the applicable obligations arising from the agreement, Metricool reserves the right to take any corresponding legal action as well as restricting access to products, services, content and tools.
9. LIMITATION OF LIABILITY
Metricool makes every effort to ensure that the information that appear on its website is true and up-to-date. However, errors or omissions may occur, and for this reason, the User should not consider information to be accurate without first checking the accuracy of the information with Metricool. None of the information or content on this website should be considered as an indubitable fact. Metricool cannot control how the User utilizes the information or content offered on this website and will therefore not be held responsible for deeds, acts or damages, whether direct or indirect, suffered by the User or third-parties which could be the consequence or arise from the use of said information or content.
To this end the User holds Metricool harmless from any liability arising from interruptions when acquiring products, content and tools, or disruptions to the provision of services due to force majeure or circumstances beyond its control. To this effect, elements beyond its control include (i) the modem, (ii) the User’s IT systems, (iii) Internet browsing software, (iv) viruses, (v) telephonic and electrical connections, (vi) ADSN, and any other transport or telecommunication infrastructure used by the User.
Metricool will not be held responsible for any damages or losses caused to the user by third-party products. Users uses third-party products entirely at their own risk, under their respective terms, conditions and legal notices for which Metricool is not responsible
10. PERSONAL DATA PROTECTION AND E-COMMERCE
Access to the website by the User and the acquisition of products and services and the use of tools or content via the website implies the processing of personal data. Complying with legislation governing the processing of personal data and information society services and electronic commerce is of the utmost importance to Metricool.
In general, users of the website will have no need to provide any personal data whatsoever. However, to access products, services contents or tools, users will in some cases, need to provide certain personal details. Metricool guarantees that such data will be treated confidentially and in accordance with legislation governing the protection of personal data and information society services and electronic commerce.
Metricool complies with applicable data protection legislation, and has taken the administrative and technical steps necessary to guarantee the security of the personal data that it collects.
The User is hereby informed and gives consent for his or her data to be included in automated data files belonging to Metricool and which are registered in the Spanish General Data Protection Register, and for said data to be processed as the consequence of the consultation, request or purchase of any service or product or any other transaction or operation carried out with the aim of accessing information or services provided by Metricool on its website or to maintain the contractual relationship, as well as to receiving marketing information by any means including email concerning other products or services offered by Metricool or any third party dedicated to providing IT security with whom Metricool may have signed promotional and/or distribution agreements, or Web services such as newsletters.
The User also gives his or her express consent for the aforementioned personal data to be transferred to Metricool’s International Representatives and or Authorised Distributors, solely and exclusively for the purposes established in the above paragraph and in accordance with the Organic Law on the Protection of Personal Data and in Instruction 1/2000 on the International Transfer of Personal Data
The User declares that all the data he or she provides will be true and accurate and undertakes to inform Metricool of any changes to said data.
In the event that the User provides the details of a third-party, Metricool shall not be held responsible for complying with the principles of information and consent, and it shall therefore be the User that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
The User has the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship, such as the processing of the data for marketing purposes. If at the time of registering as a user or when registering a product, the User does not agree to any of the data processing conditions indicated in the present policy, with the exception of those required to maintain the contractual relationship, the User may contact Metricool to exercise his/her right to object to such processing of the data. The means by which the User may contact Metricool are as specified in the paragraph below.
Similarly, and in compliance with the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, Metricool and its International Representatives will only send marketing information by e-mail or other electronic means to those users who have given their express consent to receiving communication concerning products or services offered by Metricool or by any third party dedicated to providing IT security services with whom Metricool may have signed promotional and/or distribution agreements, or to subscribing to Web services such as newsletters
Metricool informs the User that he or she can choose, as provided for in the present Legal Notice, not to allow his/her data to be used for sales or advertising purposes and can unsubscribe from the mailing list by following the instructions at the bottom of all e-mails or by sending an e-mail to firstname.lastname@example.org.
Our website metricool.com (the “website”) uses technology called “cookies” in order to gather data on use of the website.
The purpose of this cookies policy is to inform you clearly and accurately about the cookies used on our website (the “Cookies Policy”). If you would like more information about the cookies we use on the website, you can send an email to the following address: email@example.com.
A cookie is a file that is downloaded to your device (computer or mobile device) in order to store data that could be updated and retrieved by the entity in charge of its installation.
The information collected by cookies can include the date and time of website visits, the pages viewed, the time spent on our website and the sites visited immediately before or after.
Types of cookies used on the website
Our website uses the cookies described below:
Persistent login cookies
These cookies are sent to your computer and managed exclusively by us in order to improve the functioning of the website. The data collected is used to improve the quality of our service and your user experience. These cookies are stored in your browser for longer, allowing us to identify you as a frequent visitor to our website and adapt the content in order to offer you content that adapts to your preferences.
Third-party analytics cookies
Similarly, this website uses Intercom, a web analytics services provided by Intercom, Inc., a San Francisco based company headquartered at 98 Battery Street, Suite 402, San Francisco, CA 94111 USA, United States (“Intercom”). Intercom uses “cookies”, which are text files placed on your computer to help the website analyze how visitors use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Intercom on servers in the United States.
Intercom will use this information on our behalf to track your use of the website, compile website activity reports and provide other services related to the website activity and internet usage. Intercom could transfer this information to third-parties when required by law or if these third-parties process information on behalf of Intercom.
By browsing and staying on our website, you agree to the use of the cookies listed above and under the terms and conditions set out in this Cookies Policy.
Disable and block cookies
In any case, we hereby inform you that as cookies are not necessary in order to use our website you can block them or disable them by enabling the option in your browser that allows you to reject installation of all or some cookies. The majority of browsers can warn you about the presence of cookies or automatically reject them. If they are rejected, you can continue using our website, although some of the services could be limited and therefore, your experience of our website will be less satisfactory.
Withdraw my consent
For more information about deleting, disabling or blocking cookies, go to http://www.aboutcookies.org/default.aspx?page=2 How to delete cookies.
Unless you have changed your browser setting, our system will create cookies as soon as you visit our website. Bear in mind that all internet browsers allow you to change these settings. For more information about how to change your cookie settings in the following browsers, we include the corresponding links:
Through its website Metricool uses cutting-edge technology to guarantee data protection. Metricool guarantees that products and services are purchased in a secure environment. The user can check that the environment is secure by checking that a locked padlock is displayed on the browser status bar or that an “s” is added to the end of http in the address bar.
Metricool can store and use the IP address of the users of this site in order to analyze trends, manage the website and track overall usage of the website.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Metricool holds the intellectual and industrial property rights over the elements that comprise the website, such as the trade names, trademarks, designs and symbols. These include, but are not limited to, the copyrights on logos, colour combinations, the choice and form of presentation, web page source code, menus, browser buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the web page related to products and services provided by Metricool.
The User undertakes to respect the intellectual and industrial property rights of the website and of the products, contents and tools. To this end, the User will refrain from copying, reproducing, distributing, making available or publicly communicating website content, without prior written authorisation Metricool. In this event, the User will always act in accordance with the following conditions:
Any total or partial reproduction of the website, or of the tools or contents, must include the Metricool copyright notice: “© Metricool 2015. All rights reserved”. Similarly, in case of reproduction and/or distribution of content belonging to third-parties which appears in this website, the corresponding copyright warnings of these third-parties must also appear.
The content of this website may not be modified unless prior written authorisation from Metricool has been granted. Such content may be used for information purposes only and not for commercial aims or for distribution, public communication, transformation or de-compiling.
Metricool reserves the right to revoke authorisation to use the content of its website at any time. In such cases, those concerned must cease to use the utility. Metricool will not be responsible for any third-party information to which part or all of the contents of its website have been added.
None of the images or graphics on Metricool’s website may be used separately from the rest of the images that appear with them or from the corresponding text, where relevant.
It is not permitted to distribute or publish the content of the website together with information that promotes:
- Pornography and/or prostitution.
- Child abuse.
- Arms trading.
- Any other illegal content.
The prices and tariffs corresponding to the purchase of products and services by the user will be those that appear in Metricool’s website (metricool.com) in the moment that the User accesses the product or service and commences the purchase process. Similarly, the conditions concerning shipping costs and taxes will those specified on the corresponding web page.
Metricool reserves the right to modify tariffs and price lists published on its website should it see fit. In any event, any such changes will not apply to products and services contracted prior to the modification, with the exception of concepts related to the renewal of products and/or services.
Methods of payment for the services will be as specified in the corresponding conditions at the time they are contracted and will always be available to the User prior to their being contracted. Metricool reserves the right to cancel the services contracted by the User in the event that the latter does not respect the methods of payment stipulated, or does not pay for the products and/or services.
14. DURATION OF THE AGREEMENT
The contractual obligations derived from the contracting of the products, services, contents or tools by the users from Metricool will remain in force for the period of time stipulated in the corresponding specific conditions or in the terms and conditions of the product’s end user license agreement available to the User beforehand.
The present Conditions and any corresponding specific conditions shall remain in force for as long as they are published on the aforementioned website and will apply from the moment the User uses the website and/or begins to contract any of the products, services, contents or tools.
Metricool reserves the right to unilaterally modify the Conditions, without prejudice to the conditions under which products have been acquired prior to such modification, with the exception of cases in which users have acquired a new product version, or if services have been modified by Metricool, in which case, the terms and conditions in force at the moment of the change or modification will apply.
15. TERMINATION OF THE AGREEMENT
Metricool reserves the right to terminate the products, services, contents and/or tools contracted via this website at any time, and without prior notice should the User fail to comply with the general and specific contractual conditions or, where applicable, the End-User License Agreement for the product or service in question.
The User will have a period of thirty (30) days, as of the date of receipt of the product, within which time he or she may terminate the contract subscribed with Metricool without specifying the reason and without any penalty whatsoever. Notwithstanding the foregoing, in the case of support and/or technical assistance products, no refund will be made once the service has been used regardless of the time passed. Additionally, no refunds will be made, under any circumstances, of the Money-Back Guarantee service should the User have purchased it.
To exercise the aforementioned right, the User must inform Metricool in writing, by email sent to the Customer Service email address at firstname.lastname@example.org, within the appropriate time period.
In this event, Metricool will reimburse the User the amount paid within fourteen (14) days of the receipt of the written notification from the User. Such reimbursement will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any costs as a result of such reimbursement.
16. APPLICABLE LEGISLATION AND JURISDICTION
The present contractual conditions are governed by applicable Spanish legislation.
In the event of any doubt or disagreement about the interpretation of the provisions herein or their effects, the only competent authority will be the Madrid Courts of Justice. The User expressly renounces any other jurisdiction that may correspond to him or her.
All notifications, requests, petitions and other communication carried out by the parties with respect to the present general terms and conditions must be written and sent by registered post or burofax to the other party at their postal address.
18. SEVERABILITY OF CLAUSES
Should any provision of this agreement prove to be, become or be declared null and void or unenforceable, the remaining provisions shall be unaffected and shall remain fully valid and effective.