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Terms and conditions of service Fracttal

 

 

Last update: July 5, 2023.

We have updated our terms and conditions to include information about Fracttal Hub.
Learn more about Fracttal Hub!

* This agreement was originally drafted in the Spanish language. In case of discrepancies between the original and a translated version, the original in Spanish language will prevail over the others.

 

 

1circle Welcome to FRACTTAL

Welcome to FRACTTAL, a Cloud Service Software (SaaS), hereinafter referred to as "PLATFORM" or "FRACTTAL" owned by FRACTTAL Tech S.L, a company domiciled in Spain and with tax identification number B-42756734.

 

FRACTTAL is a SaaS for maintenance management (CMMS) and business asset management (EAM) that, with the mobility of an APP and the immediacy of the Internet of Things, offers its CLIENTS control of all the assets of their business in one place.

2circle Definitions

The relationship between the CLIENT, the USERS, THE WEB SURFERS and FRACTTAL within the platform is regulated by these terms and conditions of use, taking into account the following:

 

WEB SURFER: This is the general person who does not meet the condition of CLIENT or USER and only enjoys viewing the platform through the internet.

 

CLIENT: This is the legal/moral person that accepts the commercial service proposal of Fracttal Tech S.L or any of its subsidiaries or parent company.

 

USER: This is the person authorized by the CLIENT, who is registered in FRACTTAL and has a username and password. You must be of legal age, have the capacity to use the service and be responsible for supervising its use.

 

USER ACCOUNT: This is the account created for the USERS of the CLIENT, through which USERS have access to FRACTTAL.

3circle Acceptance of the terms and conditions

At the time that a USER enters their data and accesses or uses the platform, they acknowledge that they have read and understood the Terms and Conditions of Use AND that they are obliged to comply with their provisions and all laws and regulations regarding their use, access and connectivity. If the USER does not accept any of the Terms and Conditions, they should not connect, register, access or use FRACTTAL in any way. 

 

The terms constitute a contract with FRACTTAL.

4circle Fracttal Hub

Fracttal Hub is an application by FRACTTAL that aims to simplify and streamline integrations for CLIENTS. This allows for faster implementation times and project execution. If the CLIENT chooses to avail themselves of these services, they will be granted access to and enjoyment of Fracttal Hub in exchange for a recurring monthly payment. To acquire this service, the client must already have FRACTTAL ONE.

 

The minimum contract duration for this service is 24 months, during which the CLIENT agrees not to terminate the relationship governed by these Conditions before the expiration of 24 months from the start of the service.

 

In the event that the CLIENT decides to unilaterally and prematurely terminate the relationship within the agreed minimum term, FRACTTAL may charge the CLIENT and make the total agreed price for the service due and payable. Similarly, the CLIENT is obliged to pay the full value of the service for early termination in cases of service suspension or cancellation due to non-payment during the minimum term.

 

Once the minimum term has expired, the service integration will automatically renew on an annual basis unless the CLIENT expresses their intention to discontinue using the services. In such cases, the CLIENT must send written notice to FRACTTAL at least 30 days prior to the effective termination date of the relationship.

5circle Rights granted to the user

The USER authorizes FRACTTAL to:

 

1) Use the processor, bandwidth and storage hardware of their device to facilitate the operation of FRACTTAL.

 

2) Have their contact data in the terms established in this document and in the data processing policy available at: https://www.fracttal.com/en/privacy-policy, in order to facilitate the operation of FRACTTAL.

6circle Our security policies

FRACTTAL adopts the necessary measures to protect the security of the information or protection of the CLIENT's data. In the event of changes being detected in the information registered in FRACTTAL, in the event of any irregularity or simply as an identity protection measure, FRACTTAL may contact the USER to corroborate the changes to try to avoid possible fraud or risks of information leakage. 

7circle Services and technical support level agreement

Once the CLIENT has acquired the FRACTTAL services, the Service Level Agreement (ANS) and the support scheme will be sent to them, with the schedules and ways of handling technical incidents that their USERS present with the use of FRACTTAL.
Download the service level agreement here.

 

The USER can request technical support, using the help desk function at support@fracttal.com. FRACTTAL will make reasonable efforts to respond to such requests in a timely manner. FRACTTAL cannot guarantee that a technical support problem will be resolved, however, we will make reasonable efforts to carry out technical support services in a professional manner.

8circle User obligations and restrictions on use

The USER has the following obligations and restrictions of use:

 

  • Do not share your username and password with other people outside the Contracting Company of FRACTTAL services, nor use or attempt to use user accounts, passwords, or the system of another user.
  • Provide only true and accurate information about your personal data.
  • Do not interrupt or interfere with the account of any other user of the Website and/or Mobile App or the Services of affiliated or linked sites.
  • Do not upload, post or transmit through the Website and/or Mobile App or the Services any virus or other harmful, disruptive or destructive files.
  • Do not interrupt or interfere with the security of the Website and/or Mobile App, the Services, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this Website and/or Mobile App or any affiliated or related site.
  • Do not access (or attempt to access) any of the Services provided, by any means other than the means provided by FRACTTAL or its authorized partners, or through automated means.
  • Do not violate the physical or computer security measures that FRACTTAL has, in order to prevent or restrict access to the PLATFORM.
  • Do not print, reproduce, distribute or publish content hosted on the PLATFORM, such as images, logos, texts, recommendations, comments and any other content on the PLATFORM.
  • Do not create a browser, framework (framing), or graphical user interface around FRACTTAL.

10circle User content

FRACTTAL USER ACCOUNT holders can upload data, information, materials and documents (“User Content”), to be stored in the software. User Content may be used in any manner authorized by the USER ACCOUNT holder.

 

FRACTTAL does not control, edit or disclose information about the USER ACCOUNT of its CLIENTS without their prior permission, except as specified in these Terms of Service or in the Privacy Policy (https://www.fracttal.com/en/privacy-policy).

 

FRACTTAL does not review, inspect, edit or monitor User Content stored by the account holder or any other user of the Services, including, without limitation: viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. FRACTTAL reserves the right and at its own discretion, to reject, delete or disable access to user content stored on FRACTTAL servers that may be considered illegal or could violate the terms of these Terms of Service.

11circle Rates and payments

FRACTTAL charges its CUSTOMERS the price described in the commercial proposal. The information regarding the value of the prices, the form of payment and the reimbursement conditions, if any, may be obtained by consultation of each CUSTOMER with the commercial advisor assigned or the person that FRACTTAL has allocated for this purpose.

 

The CLIENT will be informed of the prices that are applicable, including costs, expenses and taxes, and will be subject to adjustments at any time. In these cases, the corresponding information will be sent to the CLIENT, so that he can decide whether or not to accept said adjustments, before they come into force.

 

If within FRACTTAL, THE CLIENT has the option to pay for the services shown on the Platform through different payment gateways, they will also be subject to their Terms and Conditions. All aspects related to the use of the means of payment, such as its date of issue, expiration, quota, blocks, etc., will be subject to what has been agreed between the CLIENT and the issuing financial or banking entity.

12circle Acceptable use and unauthorized access

Acceptable use

 

THE CLIENT AND THE USER must not:

 

(a) use the PLATFORM to resell the services of the Platform or to share access time or allow third parties to exploit FRACTTAL.

 

(b) provide system passwords or other login information to any third party outside of their company.

 

(c) access the Platform to build a product using similar ideas, features, functions or graphics of the Platform, or to copy any ideas, features, functions or graphics of the Platform.

 

In the event that of suspecting of any breach of the requirements hereof, CLIENT USERS' access to the PLATFORM may be suspended.

 

Unauthorized access

 

The CLIENT shall take reasonable measures to prevent unauthorized access to the Platform, including, but not limited to, protecting their passwords and other login information. The CLIENT must notify FRACTTAL immediately of any known or suspected unauthorized use of the Platform.

13circle Representations and limitation of liability

FRACTTAL guarantees the functionality of the Software object of this license of use, provided that it is used in accordance with the technical specifications and conditions of use. The Software may not undergo modifications in its functionalities by the CLIENT.

 

FRACTTAL will not be responsible for damage to the Software caused by viruses, electrical failures, computer damage or improper handling and/or loss of information by the USER. Nor for possible failures that occur due to deficiencies in the CLIENT's facilities, breakdowns in the company's network, power surges, lack of maintenance of computer equipment and servers, including any anomalies that are not directly attributable to FRACTTAL.

 

FRACTTAL does not guarantee the occurrence of any future event or risk on any of the CLIENT's assets, since through FRACTTAL the CLIENT only has the possibility to manage and obtain analysis of its assets, in accordance with the data provided, being a responsibility of the media in the rendering of the service and not in the result.

 

The CLIENT: Acknowledges and agrees that computer-based systems are not infallible to potential failures, damage, viruses, cyberattacks, and/or unlawful tampering; These are all risks intrinsic to technology-enabled services. Despite the aforementioned, FRACTTAL does everything within its reasonable reach and puts in its best efforts to prevent the occurrence of said risks, however, it is impossible to guarantee the total elimination of them in the provision of its services.

13.1circle Disclaimer

The service integration will be provided by FRACTTAL with due care, diligence, and expertise, and in accordance with the methods deemed appropriate from a technical standpoint. In the event of any deficiencies in Fracttal Hub (and other integration tools owned by FRACTTAL), FRACTTAL commits to making all efforts to resolve them in a timely and efficient manner. The CLIENT acknowledges and accepts that computer-based systems are not immune to potential failures, damages, viruses, cyber-attacks, and/or illegal manipulations; all of these are inherent risks associated with technology-supported services.

 

By accepting these service conditions, the CLIENT confirms their understanding and acceptance that the use of Fracttal Hub on their computers is subject to the requirements mentioned in the "INTELLECTUAL PROPERTY - FRACTTAL HUB" section. If the client does not wish or is unable to meet the requirements for installing the application, they will not be able to fully utilize Fracttal Hub.

14circle License of use and intellectual property

Fracttal Tech S.L guarantees that it is the owner of the Software and the Platform and each and every one of its components, and that it possesses and will maintain all the power and authority to grant the rights to use the Platform as a whole.

 

The CLIENT and their USERS of the PLATFORM acquire a limited, non-exclusive, non-transferable and revocable license to use the FRACTTAL service, protected by the intellectual property regulations that regulate the matter.

 

You may not copy, publish, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create derivative works, reverse engineer, or transfer the Licensed Program, or any subset of the Web, its products or services. Any unauthorized use will result in the immediate and automatic termination of this license, and the application of the corresponding legal actions.

 

Fracttal Tech S.L reserves the right to make changes and improvements to the PLATFORM at any time through new versions, which may include new functionalities, correct possible errors, modify and improve its appearance, and add security elements. CLIENTS will be given prior notice of these updates by email and notices on the PLATFORM.

14.1circle Intellectual Property - Fracttal Hub

FRACTTAL is the owner of the copyright and economic rights over the integration (hereinafter referred to as the "Middleware" or "Fracttal Hub"), including, among others, all the software used, graphics, interfaces, and logos. FRACTTAL solely authorizes the CLIENT to use and enjoy "Fracttal Hub" without implying a transfer of ownership or domain rights over the application.

 

The license to use "Fracttal Hub" is non-transferable, and the CLIENT may not use the application to integrate two or more systems other than those of FRACTTAL. Additionally, the CLIENT agrees not to remove, hide, or alter any information regarding ownership (including copyright or industrial property rights) contained or added to the application. The CLIENT also agrees not to perform, or allow their personnel to perform, actions such as copying, decompiling, reverse engineering, attempting to obtain the source code, decrypting, modifying, or creating derivative products from Fracttal Hub or any services provided by the application or any of its components. Failure to comply with these provisions will result in FRACTTAL revoking the license granted to the CLIENT for the use of the application, without prejudice to pursuing any legal actions.

 

Fracttal Hub can be installed on the CLIENT's computers. In this case, FRACTTAL will provide the CLIENT with the application installer, which can be accessed using the provided username and password. Additionally, for the proper functioning of the application, the CLIENT must have certain third-party programs (such as Docker Desktop or Rancher Desktop and Amazon MWAA), each of which has its own terms of use that can be found on their respective websites (https://rancherdesktop.io - https://www.docker.com/products/docker-desktop/ https://github.com/aws/aws-mwaa-local-runner/blob/v2.5.1/LICENSE).

 

The CLIENT will freely and voluntarily choose, among the third-party programs that need to be downloaded, the one they prefer based on their technical criteria. Furthermore, the CLIENT must be aware of and agree to the terms of use of each of these external programs (such as Docker Desktop or Rancher Desktop and Amazon MWAA) before proceeding with their download and installation. FRACTTAL does not own or have any responsibility or control over the terms or conditions of use of third-party programs. FRACTTAL also has no explicit or implicit obligation to provide any technical or other support for such programs. In these cases, the CLIENT should contact the distributing entity or manufacturer of the program or the relevant service provider to obtain technical support and customer service related to the program, services, and products offered by that distributor or provider.

 

IMPORTANT: By accepting these terms and conditions of use for Fracttal Hub, the CLIENT confirms that they understand and accept that the installation and use of the application are subject to the aforementioned requirements. The CLIENT assumes all responsibility and risk associated with the installation and use of the application, as well as with any necessary third-party programs. If the client does not wish or is unable to meet the installation requirements mentioned above, they should not install the application.

 

The client waives and releases FRACTTAL, its employees, and directors from any liability, claims, damages, or losses arising from the installation or use of the application and the mentioned third-party programs.

 

FRACTTAL commits to ensuring that no other legally protected copyright will be violated during the execution of the integration. In the event that a third party makes a direct or indirect claim against the CLIENT for the use or exploitation of intellectual property related to the execution of the subject matter of this agreement, FRACTTAL will hold the CLIENT harmless and will pay any indemnifications, damages, costs, legal expenses, agency fees, attorney fees, and other amounts that may be paid as a result of such a claim, provided that the claim is attributable to FRACTTAL's conduct.

15circle Trademarks and trade names

The brand, logo, commercial motto and all other identifiers related to FRACTTAL are the property of FRACTTAL Tech S.L and its subsidiaries, whether or not they are registered. No right, license or interest in the FRACTTAL trademarks or the THIRD PARTY TRADEMARKS are granted for the use of FRACTTAL.

16circle Links to other sites and third-party materials

FRACTTAL may contain links to third party websites ("THIRD PARTY SITES"). The USER acknowledges that FRACTTAL has no control over such THIRD PARTY SITES and acknowledges and accepts that FRACTTAL is not responsible for their availability or for the services, content, advertisements, products or any material available on them.

 

THIRD PARTY SITES are governed by their corresponding Terms and Conditions of Use and Privacy Policy. 

17circle Notices and procedure for claims of copyright infringement

If the USER, CLIENT or the NETWORK BROWSER considers that FRACTTAL has infringed their copyrights, they may send the respective communication to our Copyright Agent through the following email: legal@fracttal.com.

18circle Access to the service

FRACTTAL reserves the right to suspend the operation of the Services, this Website and/or Mobile App, or any part of it. You agree that neither FRACTTAL nor its third-party providers will be liable to you in any way for the termination, suspension, interruption or delay of any of the services and products on this Website and/or Mobile App.

19circle Validity and modifications to the terms and conditions

The validity of these terms and conditions is for the time of use of FRACTTAL by the CLIENT and their USERS or the BROWSERS ON THE NETWORK. In the event that the Terms and Conditions must be modified to comply with legal requirements, the modifications may take effect immediately, or as required by law and without the need for prior notice.

20circle Applicable legislation

Any claim related to FRACTTAL and its use will be governed by the legislation and dispute resolution mechanisms established in the service contract that the CLIENT has with Fracttal Tech S.L or any of its subsidiaries. Any claim that a WEB SURFER wants to present regarding the PLATFORM and its use will be governed by Spanish legislation.

 

Unless otherwise agreed, the dispute will be submitted to the review of the Parties to seek a direct settlement, within a term not exceeding 30 business days from the date on which either party communicates in writing to the other party the existence of a difference and an explanation of it. Controversies that cannot be resolved directly between the parties will be resolved using the following:

 

Conciliation or mediation: This will be carried out before an Arbitration Conciliation Centre, located at the address of Fracttal Tech S.L or any of its subsidiaries, upon request for conciliation raised individually or jointly by the parties. If within 60 business days from the start of the conciliation process, which shall be understood as from the date of the first summons to the parties made by the conciliation centre, the parties do not reach an agreement to resolve their differences, within the following 30 calendar days, it must go to an Arbitration Court located at the address of Fracttal Tech S.L, made up of an arbitrator appointed by the Arbitration Centre.

 

Enquiries of any kind, or claims for any reason, should be made to info@fracttal.com. Please read our Privacy Policy at https://www.fracttal.com/en/privacy-policy.

 

Copyright © 2023 FRACTTAL Tech S.L. All rights reserved. This Website and/or Mobile App and the accompanying products and documentation are the intellectual property of FRACTTAL Tech S.L and/or its licensors and are protected by copyright laws and international intellectual property treaties. FRACTTAL and the related logo, and all related product and service names, design marks and slogans are trademarks and/or registered trademarks of FRACTTAL Tech S.L. All other product and service marks contained in this document are trademarks of their respective owners. Any use of the trademarks or logos of FRACTTAL or third parties without the prior written consent of FRACTTAL Tech S.L or the owner of the applicable trademark is strictly prohibited.