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Terms and Conditions

General Information

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce) you are visiting www.datapocket.app (hereinafter the “Website”), owned by DataPocket, registered trademark of the company OVIXIA Consultores, S.L with address at C/Torreiro, nº13, Business Building, 15001, A Coruña, and with CIF B-70535083, Registered in the Mercantile Registry of A Coruña, Volume 3637, Folio 30, Section 8, Page C-56395.

Phone: [+34604086695]

Email: [email protected]

In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this Website, you must read the Legal Notice, as well as the Privacy Policy.

By using this website or by making and/or requesting the acquisition of a product and/or service through it, you agree to be bound by these Terms and Conditions and by our aforementioned Policies, so that, if you are not you agree with them, you must not use this Website.

For all those questions related to the Terms and Conditions, you can contact the owner through the contact information provided in the heading of this document.

The User

The access and use of the Website and its contents attribute to the condition of the User thereof and imply the unreserved acceptance by the User of each and every one of the conditions included in this document, in the version published at the time to access it.

The User undertakes to use the Website diligently and responsibly for the content and services that OVIXIA Consultores, S.L. offers through its website, DataPocket, and by way of example, but not limitation, not to use them to:

Incur in illegal activities, illegal or contrary to good faith and public order;

disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights;

cause damage to the physical and logical systems of OVIXIA Consultores, S.L. of its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are capable of causing the aforementioned damage;

try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.

Likewise, the User is obliged to:

  • Make use of this Website only to make inquiries and/or legally valid purchases or acquisitions
  • Do not make fraudulent or false purchases. If it is considered that the User has made a purchase of this nature, it could be canceled and the relevant authorities would be informed.
  • Provide true and lawful contact information, for example, email address, postal address, and other data (See Legal Notice).
  • Likewise, the user declares to be of legal age and has the legal capacity to enter into contracts through this Website.
 
 

SCOPE OF SERVICE OFFERED BY DATAPOCKET

Conditions of service

Through DataPocket, the user connects his data feed with our exchange management service with online design platforms. Currently this model allows access, upon acceptance of the conditions, to the services of Canva.com and Filkers.com

The Service and its platform content may be altered, replaced, modified, or updated in the future. Changes, modifications, or updates to the content of the Service that do not change the general character of the Service and changes in the appearance of the Platforms will not be considered as a modification of the Service.

The Service requires that the User has access to the Internet connection that is necessary, being the user responsible for all expenses associated with the said connection.

Subscription

The user can register for free on the DataPocket platform.

Without prejudice to this, in order to have access to the marketing services offered through the platform, you must subscribe to DataPocket

DataPocket reserves the right to change its subscription plans and its price when it deems appropriate, notifying users 30 days in advance.

The user may cancel the subscription to DataPocket at any time.

The cancellation may be made definitively, by sending your decision to the email [[email protected]], closing your account at the end of the billing period, and unsubscribing the user.

Use of the service

Registration, username, and password

It is an essential requirement to access and use the services offered through the DataPocket platform, to fill in all the data requested in the form.

With the registration, the user accepts and consents to be bound by the present Terms and Conditions, as well as by the Privacy Policy and Legal Notice of the Website.

Upon registration, the user must provide a username [email address], mobile phone, organization name, and password to access their account. The access data will be for personal use, and cannot be used by third parties.

The user will be responsible for ensuring that the information provided when registering with DataPocket is correct, updating their account in the event that any of the data has been modified.

Likewise, the user will be responsible for all the use of the service that takes place through his account. DataPocket reserves the right to immediately suspend access to the service or cancel your account in the event that it becomes aware of improper attitudes or treatment of the service.

Right of withdrawal and cancellation

As indicated in these Terms and Conditions, the user may register for free on the DataPocket platform and may withdraw at any time.

At the time the user subscribes to one of the plans offered on the platform, the user accepts the immediate provision of the service, as well as the immediate availability of the content.

Consequently, and in accordance with article 103 letter m) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the user will not have the right to withdrawal once the service has started.

In the event that the user wishes to cancel the subscription, once the provision of the services has begun, they must notify DataPocket through the Website or through the email identified in section 1) of these Terms and Conditions.

If the subscription is for a fixed duration, it will end automatically when the period for which the user has paid the fee expires.

Likewise, DataPocket may terminate the contract automatically whenever (i) there is unauthorized use; (ii) the user has breached the agreement; or (iii) non-use of the services for a period of more than 12 months.

Intellectual property

All the information contained in this Website, as well as the graphic design, images, drawings, representations, voices, sounds, video recordings, audio segments, attached written descriptions, source codes, trademarks, trade names, denominations and other contents are subject to the intellectual and industrial property rights of DataPocket or third parties, and are legally reserved, and are protected by national and international legislation on the matter.

The access and use of the Website will not imply in any case the waiver, transmission, transfer or total or partial license of said intellectual or industrial property rights, nor does it confer any right of use, translation, adaptation, alteration, exploitation, reproduction, distribution or public communication, for commercial purposes, of the Website or its contents without the prior and express authorization of DataPocket or the legitimate third party owner of the affected rights.

The user of the Website must refrain in any case from deleting, altering, evading, or manipulating any protection device or security systems that may be installed on it.

The infringement of any of the aforementioned rights may constitute a breach of the conditions contained in the subscription agreement and a violation of the Law, and even a crime punishable in accordance with the provisions of the criminal legal system.

Warranties and disclaimer

DataPocket guarantees that it makes every effort to avoid any incident on its website and, in particular, the existence of cyber attacks or any other incident in the physical or logical systems that are likely to cause damage to the user’s computer equipment, not being in no case responsible for the damage caused to the physical and logical systems of the user.

Consequently, DataPocket will not be responsible in any case for the loss of the material produced through its platform, data or any other indirect damage caused as a result of cyber attacks or irreparable system failures.

In the event that DataPocket is the object of a cyber attack that prevents the correct functioning of the platform, and it is not possible to solve it within a reasonable period of time, the users and/or DataPocket will have the right to terminate the subscription contract.

Modifications of the terms and conditions

OVIXIA Consultores, S.L., as data controller, may periodically change the Terms and conditions of the purchase policy and, in such case, we will publish said changes on this web page. The fact of continuing shipBy using www.datapocket.app after the entry into force of the aforementioned changes, it will be understood as your acceptance of the policy thus modified. In the event that the changes are of greater importance, we will notify you more prominently or request your consent, as specified by law.

Applicable law and jurisdiction

This Website and the conditions contained in these Purchase Terms and Conditions are governed by Spanish law. For any litigious matter or conflict arising from or related to the access and use of the Website, or the interpretation and compliance with the aforementioned conditions, the parties submit to the jurisdiction and competence of the Courts and Tribunals of the city of A Coruña, Spain.