These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the aadigitalservices.eu website ("Website" or "Service") and any of its related products and services that we may provide on behalf of our Clients or Partners (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and AA Digital Services ("AA Digital Services", "we", "us" or "our"). By accessing and using the Website and Services or Services that we may preform on behalf of our Clients and Partners, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and AA Digital Services, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and Cooperations
If you are a Client or Partner, or when you are a User of our Services that we preform on behalf of a Client or Partner, you are responsible for maintaining the security and guidelines of your accounts and all the data that we or you store, exchange and use. You are fully responsible for all activities that occur under the accounts and any other actions taken in connection with it, except if we preform these actions. All business related accounts that we have access to are monitored, all personal accounts that we control on behalf of our Clients and Partners can be monitored. Providing false contact information of any kind may result in the termination of your account, our partnership and/or our cooperation. You must immediately notify us of any unauthorized uses of your accounts or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account and/or end our cooperation if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account or terminate our cooperation for the foregoing reasons, you may not re-register for our Services or for the Services that we may preform on behalf of our Clients and Partners. We may block your email address and Internet protocol address to prevent further registration or interaction.
User, Client & Partner content
We do not own any data, information or material (collectively, "Content") that you submit on the Website or through our Services or Services that we may preform on behalf of our Clients and Partners, that you may submit to us or that we may receive from your users in the course of you using our Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content submitted to us on the Website or while using our Services that we may provide on behalf of our Clients and Partners. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content and everything you submit to us solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Billing and Payments
As a Client of us or user of the Services that we may preform on behalf of our Clients and Partners, you shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users, Clients and Partners. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We and/or the related Clients and Partners reserve the right to change services and product pricing at any time. We also reserve the right to refuse any service you would like to use from us or provided from us on behalf of a Client or Partner.
Accuracy of information
Occasionally there may be information on the Website or provided through our Services (that we may preform on behalf of our Clients or Parters) that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Content and backups
We are not responsible for the Content residing on the Website or provided through Services that we preform on behalf of our Clients or Partners. In no event shall we be held liable for any loss of any Content or related issues. As a Client or Partner it is your sole responsibility to maintain the data safe and to make a appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other resources
Although the Website and Services that we may provide on behalf of our Clients and Partners may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website or provided through our Services that we peform for our Clients and Partners may be "affiliate links". This means if you click on the link and purchase an item, AA Digital Services or the related Client or Partner will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and provided through our Services that we may preform on behalf of our Clients or Partners. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.
We reserve the right to terminate your use of the Website and Services that may be provided on behalf of our Clients or Partners, for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by AA Digital Services, our Clients, Partners or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with AA Digital Services. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of AA Digital Services or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and provided Services may be the trademarks of other third parties, Clients or Partners. Your use of the Website and Services that we may provide on behalf of our Clients and Partners grants you no right or license to reproduce or otherwise use any of AA Digital Services, Clients, Partners or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and our Services that we may provide on behalf of our Clients and Partners is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services that we may preform for you or on behalf of our Clients or Partners, will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy or reliability of any information obtained through the Service, or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Services that we may preform on behalf of our Clients and Partners, is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through Services that we may preform on behalf of our Clients and Partners or any transactions entered into through the Services that we may preform on behalf of our Clienst and Partners unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Services that we may provide on behalf of our Clients and Partners shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will AA Digital Services, its affiliates, directors, officers, employees, agents, suppliers, clients, partners or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability. Including; without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
You agree to indemnify and hold AA Digital Services and its affiliates, directors, officers, employees, agents, suppliers, clients, partners and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services that we may preform on behalf of our Clients and Partners or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Spain without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Spain. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Spain, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services that we may preform on behalf of our Clients and Partners at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services that we may provide on behalf of our Clients and Partners you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services that we may provide on behalf of our Clients and Partners.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated on December 18, 2020