Legal Notice and Terms of use

General Information about the Platform’s Owner

The owner of this website and related products and services is:

Company name: ENVIA IT, S.L.

VAT ID: B06972467.

Registered office: St. Diseminado Puente Culebra 24, 04738 Vicar, Almería (Spain).

Telephone: (+34) 877 930 177.

Email: [email protected]

Commercial Registry: Commercial Registry of Almería, volume 2139, folio number 133, sheet AL-59277.

Terms of Use of the Platform

1. Acceptance of Terms of Use

Welcome, and thank you for your interest!

ENVIA IT, S.L. ( “we”, “us” or “our“) is a company that offers a SaaS one-stop solution for comprehensive and intuitive event management, enabling professional event organizers to create, manage and promote their virtual, hybrid and in-person events and such other services, products, deliverables, capabilities and features as may be offered (the “Platform”). The Platform refers both to those sections that are open to the public and those sections that are restricted to clients that have purchased a subscription plan and use the Platform under license.

Your use of the Platform is governed by these Terms of Use, Privacy policy and cookies, which describe the personal information that we collect and how we use and share it. The use of the Platform under license is also subject to our Privacy policy and cookies ,where applicable, are an integral part of these Terms of Use and shall be understood in conjunction with them.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING, BROWSING AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE.

2. Access to and use of the Platform

The section of the Platform that is open to the public may be freely accessed, browsed and used by users over the age of 18.

Only users over the age of 18 can purchase a subscription plan under the terms of the Privacy policy and cookies to use the section of the Platform that is only available under license.

3. Conditions and restrictions of use

Users may access, browse and use the Platform to access, request and leverage any of the information, services and functionalities available on the Platform, subject to these Terms and the conditions of the Platform, where applicable.

The user undertakes to access, browse and use the Platform for the abovementioned purpose in accordance with the law and these Terms of Use, and in agreement with morals and generally-accepted good practices and public order.

If the user fails to comply with the above, ENVIA IT reserves the right to take all actions it deems necessary against any party involved without notice, in order to claim and defend its rights and prevent such unauthorised use, including, but not limited to, suspend your access and/or account in the Platform, using blocking technology and/or issuing legal proceedings.

In particular, but not limited to, the user agrees not to:

· Use the Platform in a way, for purposes or with effects contrary to the law, these Terms of Use, the rights of third parties, morals or generally-accepted good practices or public order.

· Use the Platform to or in a manner that interferes with or disrupts the Platform, its servers or systems and networks, or engages in any type of activity that may cause an unnecessary or disproportionate saturation of the Platform’s infrastructure, including, without limitation, by transmitting, installing or publishing viruses, malicious code or other harmful programs or files, causing damages, interruptions, inefficiencies or defects in its operation or in a third party’s device, obtaining or attempting to access to any materials or information not intentionally made available or provided for through the Platform.

· Advertise, promote or offer to sell or buy any products and/or services for any business purpose that is not specifically authorized, or that may compete with the brand(s) displayed on the Platform.

· Use any system or software for the purposes of extracting, without limitation, any content, element, material, feature, information or data from the Platform, whether for commercial purposes or otherwise (“web scraping”).

4. Intellectual Property rights

For the purposes of these Terms of Use and, in particular, of this Section, “Intellectual Property” shall mean, without limitation, patents, utility models, designs, distinctive signs, trademarks, trade names, corporate names, logos, domain names, copyrights and related rights, databases, software, hardware, circuits designs or outlines, trade secrets and know-how. When reference is made to Intellectual Property rights, these will include other ownership rights or rights with an equivalent effect in any part of the world and any right on them (registered or not or registrable or not), as well as applications, registrations, extensions and renewals in relation to any of these rights in any part of the world.

The Platform includes content, elements, materials, features or information (e.g., without limitation, visual interfaces, graphics, designs, compilations, computer code -including source code or object code- and trademarks) that are subject to Intellectual Property rights and laws (for the purposes of this Section, collectively, “Content“). The user understands and acknowledges that ENVIA IT holds the exclusive ownership or the appropriate licenses or title over the Intellectual Property rights of the Platform and its Content.

The user is hereby granted an authorization to access, browse and use the Platform and its Content, limited to the extent strictly necessary to allow such access, browse and use under the terms set forth in these Terms of Use. Nothing in these Terms of Use or the Platform shall be construed as granting, by implication or otherwise, any license or right to use any of ENVIA IT’s or any third-party’s Intellectual Property displayed on the Platform or its Content, without our prior written permission in each instance unless otherwise expressly set forth herein. ENVIA IT retains all rights on the Intellectual Property, the Platform and the Content not expressly granted herein.

5. Liability

We shall use our best efforts to always maintain access to the Platform but we cannot guarantee its permanent availability. For instance, we may be required to temporarily suspend access to all or part of the Platform, particularly for technical and maintenance purposes. In addition, we shall use our best efforts to keep all relevant information on the Platform accurate and up to date but we cannot guarantee this at all times.

In addition, the internet and telecommunication networks are not error-free and interruptions and failures can occur. These interruptions and failures are outside ENVIA IT’s control. We cannot provide guarantees in this regard and shall not be held liable for any damage that may relate to the use of the internet and telecommunication networks, such as, for instance, damages derived from internet malfunctions or from a defective transmission and/or reception of any data and/or information via the internet or from defects of your equipment or the communications network equipment. Any charges for internet access services are solely your responsibility.

In addition, ENVIA IT will make its best efforts to ensure the Platform is provided free of errors and viruses and to avoid incidents, and implements the security measures required by applicable legislation but ENVIA IT cannot offer further guarantees in this regard. To the extent permitted by applicable law, we exclude any and all damages caused, without limitation, by computer viruses or third-party hacks or intrusions or incidents.

Nothing that is set forth in this document shall limit or exclude our liability for willful misconduct, gross negligence or personal injuries or damages, nor any other liability that may not be limited or excluded by law. Without prejudice to the foregoing, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever (including, without limitation, any indirect damage relating to any loss of profit, revenue or goodwill), to the extent permitted by applicable laws. This provision shall not be interpreted as a limitation or exclusion of liability in those cases where it is not permitted by law.

6. Privacy

ENVIA IT’s Privacy policy and cookies apply to any personal information the user provides on or through the Platform. Please read ENVIA IT’s Privacy policy and cookies carefully for information relating to ENVIA IT’s collection, use and disclosure of your personal information.

In relation to personal data uploaded by users of the licensed section of the Platform for event management, ENVIA IT will act as a data processor, under the terms of the Privacy policy and cookies.

7.Contact information

You can contact us if you have any questions or complaints and to request information about our contents, services and for user support enquiries or any related issue at: [email protected]

8.Miscellanea

8.1. Modification of the Terms of Use. ENVIA IT may amend the content of these Terms of Use from time to time for the purposes of:

  1. adapting the Terms of Use to any regulatory or legislative provisions in force or in the process of being adopted;
  2. adapting the Terms of Use to any decision of a judicial body, a consumer agency or body, or of any other competent authority, which affects the Platform or its content;
  3. preventing abuses or damages or for security reasons; and
  4. making amendments to the wording of these Terms of Use (for instance, to correct grammatical or orthographic mistakes), to the extent that such amendments do not alter the content or meaning of these Terms of Use.

ENVIA IT will provide prior notice of any amendment to these Terms before they become applicable via a general notice in the Platform, unless ENVIA IT is legally obliged to make the amendments immediately. If users do not accept the new conditions, they are free to stop using the Platform. Otherwise, the proposed amendments will be deemed as accepted.

8.2. Severability. If, in any jurisdiction, any provision of these Terms of Use or their application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective without invalidating the remaining provisions of these Terms of Use and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid.

9.Applicable Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the user’s domicile.

For any discrepancies, claims or disputes arising out or in connection with these Terms of Use, both ENVIA IT and the user agree to submit to the jurisdiction of the Courts which have competence at that time. If you are a consumer, ENVIA IT and you agree to submit to the jurisdiction of the Courts of you domicile.