Access to and use of StockAgile implies knowledge and acceptance of the following End User License Agreement (hereinafter "License Agreement").
The following identifying data of the owner of the Platform are exposed:
Hereinafter, "StockAgile", the "Company", "We" and/or "Us", interchangeably.
This End User License Agreement constitutes a legally binding contract between the End User and StockAgile with respect to the use of and access to the software identified as StockAgile® and its accompanying explanatory text ("Documentation"). The term "software" also includes all of its ancillary products, components, fixes, updates and upgrades, data media or supplemental documentation whether printed or online (collectively, the "Software" or "Platform").
This document is a license agreement and not a sales agreement. In this respect, StockAgile remains the owner of the Software.
Upon acceptance of this Agreement, StockAgile grants you a non-exclusive license to use the Software and documentation, provided that you agree to the following terms:
The "Number of Permitted Users' is one (1) unless you or the Customer who has contracted for the platform services (hereinafter "Customer") has a written agreement specifying otherwise. To use the Software on more than one device, additional licenses will need to be purchased. Please contact StockAgile for information regarding licensing terms and royalties.
In order to access the Software, You must have previously received the credentials (username and password) from the Company or the Customer.
To access the services of the Platform you must include your user name and password in the section provided for this purpose through the Company's website.
Once you have registered as a User of the Platform, you must complete the corresponding contact information that appears in the "Users" section within the Platform. For the elaboration of the User's profile, the following information will be requested:
In the event that the User provides any false, inaccurate or incomplete information or if the Company believes that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of such information, we may deny access and present or future use of the Software or any of its contents and/or services. In any case, the Company will inform the Customer of such facts, for better verification in case of fraud.
Once the User has registered on the Platform, he/she can proceed to use the Software and access its different sections.
In general, the following behaviors and/or actions shall be prohibited, by way of example and not limitation:
The information published on the Platform is the sole responsibility of the user and/or Client, who publishes said content, exempting StockAgile from any type of responsibility for any incident that said content may produce.
StockAgile is not responsible for the authenticity, accuracy, reliability, legality, as well as eventual violations of third party rights by users. In this sense, the users understand that we are an independent company that makes the Platform available to them, and that does not assume any responsibility derived from the information provided in the contents, nor for the damages or losses that third parties may eventually suffer due to the breach of these General Conditions by the Users.
Users are fully responsible for access and proper use of your account and other contents of the Platform subject to the law, whether national or international, as well as the principles of good faith, morality, decency and public order. And specifically, they undertake to diligently observe and comply with these Terms and Conditions.
Users shall refrain from using their profile and the rest of the contents of the Platform for illicit purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate StockAgile, its contents and services. Likewise, it is forbidden to prevent the normal use or enjoyment of StockAgile to other users.
Those who fail to comply with such obligations shall be liable for any harm or damage they cause. The Company shall not be liable for any consequence, damage or harm that may arise from such unlawful access or use by third parties.
In addition to the foregoing, and to the extent permitted by law and except as otherwise provided herein, in no event shall the Company be liable for any personal, incidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, related to the use or inability to use the Platform, regardless of the cause, regardless of the theory of liability (contractual or tort or otherwise) and even if the User has been advised of the possibility of such damages.
StockAgile shall be responsible for the cancellation of users once the contractual relationship with the Company ends. Consequently, it will be the Company itself who notifies this aspect to StockAgile, and must inform StockAgile of the exact date on which the user will no longer enjoy the services offered by StockAgile.
The Software is the intellectual property of StockAgile and is protected by the Intellectual Property Laws of the Spanish State, by international treaty provisions and by the applicable laws of the country where it is used.
The structure, organization and coding of the Software constitute valuable trade secrets and confidential information of StockAgile.
You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decode, disassemble or otherwise attempt to discover the original encoding of the Software.
The contents related to trademarks, domains, logos, drawings or documentation, including computer programs, or any element that may be susceptible to protection by the legislation of Intellectual or Industrial Property, which may be accessible to users, are the property of StockAgile and/or StockAgile has a license, and all rights of use of the same are expressly reserved.
Any misuse of the Software or Documentation or breach of obligations by the user may result, at the Company's discretion, in account termination or suspension of the Service until the issue is resolved, if any.
Likewise, the user agrees not to remove, delete, alter, manipulate or in any way modify:
The User acknowledges that, by virtue of this document, StockAgile does not assign or transfer to it any rights over its Intellectual and/or Industrial Property titles, or over any properties of third parties. StockAgile only authorizes the User to access and use the same in accordance with the terms indicated in these General Conditions.
The user is not authorized to copy, distribute, transmit, communicate, communicate, modify, alter, transform, transfer or in any other way deploy activities that involve the commercial use of the Intellectual and/or Intellectual Property rights of StockAgile, either partially or totally, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.
StockAgile reserves all Industrial and/or Intellectual Property rights that correspond to it.
StockAgile reserves the right to terminate or modify at any time and for any reason the licenses granted under this Agreement. Notwithstanding the foregoing, we may take legal action against any use by the User which:
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Personal Data, we inform you that the personal data that we may collect will be incorporated for processing in a file owned by StockAgile in accordance with the provisions of the aforementioned Regulation, and in accordance with the established procedure.
The processing of your data is necessary for the execution of the services provided by the platform in accordance with the contractual relationship maintained with you. We also inform you that your data will be kept for the legally established period.
We inform you that your data are confidential and will not be disclosed to third parties, unless there is a legal obligation.
You may at any time exercise your rights of access, rectification, deletion, portability, limitation or opposition of data, previously and reliably proving the identity of the petitioner, at the following address: C/ Llacuna 162-164, 08018, Barcelona, Spain, or by e-mail to the following address: [email protected]
StockAgile undertakes to keep confidential all information provided to it or to which it has access by the Client and/or user in the execution of this Agreement.
Likewise, StockAgile is obliged to safeguard and prevent access to the data and information owned by the Client and/or the user by third parties outside the present Contract.
StockAgile undertakes to guarantee the corresponding level of security. The present Contract recognizes the express prohibition of cession and/or communication of the data and/or information to third parties, except when it is necessary for the execution of the contract.
If any of the clauses of this Contract is null and void or voidable, it shall be deemed not to have been included. Such declaration of nullity shall not invalidate the rest of the document, which shall remain in force and effective between the Parties.
These Terms and Conditions shall be governed by Spanish law, which shall be applicable in matters of interpretation, validity and execution. Likewise, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona.
We reserve the right to modify this document at any time. In the event of any change to the conditions, these will be published in the Software and the date of publication will be indicated, so that the user knows the date on which such modification has become effective. In any case, the user will receive a notification through electronic means about the update of the StockAgile Terms of Use prior to its publication on the Platform.
Date of publication as of May 20, 2021