{"id":44082,"date":"2025-11-28T13:31:37","date_gmt":"2025-11-28T12:31:37","guid":{"rendered":"https:\/\/vintegris.com\/general-terms-and-conditions-of-service-nebulasuite\/"},"modified":"2025-12-10T11:07:57","modified_gmt":"2025-12-10T10:07:57","slug":"general-terms-and-conditions-of-service-nebulasuite","status":"publish","type":"page","link":"https:\/\/vintegris.com\/en\/general-terms-and-conditions-of-service-nebulasuite\/","title":{"rendered":"General Terms and Conditions of Service nebulaSUITE"},"content":{"rendered":"\t\t
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General Terms and Conditions of Service nebulaSUITE<\/h1>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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Terms and conditions<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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Annex I<\/a>
Annex II<\/a>
<\/span> Annex III<\/a><\/p>

Download PDF-ESP<\/a><\/span><\/strong>
Download PDF-ENG<\/a><\/span><\/strong><\/p>

Last update v3.6.4 November 2025<\/em><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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First: Definitions<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Service Level Agreement:<\/b> Clauses or particularities of the contract signed between the parties or included in these General Conditions that develop and stipulate the services in an objective manner in terms of level and quality that will be applicable.<\/p>

Third-party applications \/ third-party software:<\/b> Third-party applications that may interact with V\u00cdNTEGRIS software.<\/p>

Client:<\/b> Any individual or legal entity, duly represented, that contracts the nebulaSUITE Services provided by V\u00cdNTEGRIS. Unless otherwise agreed, the Client declares that they own the equipment on which the application is used or are authorized to use it. Furthermore, they declare that they have sufficient authority to bind the legal entity they represent to V\u00cdNTEGRIS’s documentation and these General Terms and Conditions, such that the use and payment of these services will constitute sufficient proof of the execution of the contracts and of acting with sufficient authority to bind the company they represent. <\/p>

Partner:<\/b> A company that meets the requirements to participate as a reseller of V\u00cdNTEGRIS solutions, acting on its own behalf, with its own organization and in direct relation to the customers who consume V\u00cdNTEGRIS solutions and services.<\/p>

General Conditions:<\/b> This refers to the present general conditions, applicable in all cases to the Service, and its annexes.<\/p>

Special Conditions:<\/b> This refers to the specific conditions that stipulate, where applicable, the personalized details of the Service and the ancillary services agreed between V\u00cdNTEGRIS and the Client.<\/p>

Customer data:<\/b> Data entered by the Customer that will be collected systematically and be individually accessible <\/b>by V\u00cdNTEGRIS.<\/p>

Equipment:<\/b> Computers, tablets, smartphones, and any other electronic machines capable of storing and processing information for the proper development of the software or those devices that interact with the V\u00cdNTEGRIS service.<\/p>

License:<\/b> Rights granted by V\u00cdNTEGRIS to the Client under the terms and conditions set out in the relevant contract, which include, among others, the limits on copying, installing, using, displaying and running the software.<\/p>

Complementary Program:<\/b> This refers to any software tool or component owned or licensed by V\u00cdNTEGRIS, which V\u00cdNTEGRIS makes available to you for download as part of the Cloud Services to facilitate your access, operation, and\/or use of the Services Environment. It does not include separately licensed third-party technology. <\/p>

Economic proposal:<\/b> This includes the specifications of the service contracted by the Client, including the number of users who can access the contracted Services.<\/p>

SaaS Service:<\/b> Software as a Service. These are services provided via the internet by V\u00cdNTEGRIS to the Client, in relation to the use of the contracted service, through the SaaS Services platform and within the cloud computing infrastructure. <\/p>

Applicant:<\/b> Natural person who, for the purposes of these General Conditions, acts on behalf of and represents the Client, and who REQUESTS from V\u00cdNTEGRIS, the provision of the nebulaSUITE service.<\/p>

User:<\/b> Person authorized by the Client to use the V\u00cdNTEGRIS Software.<\/p>

V\u00cdNTEGRIS :<\/b> It is the company V\u00cdNTEGRIS, SLU, with registered office at Calle Pallars 99, floor 3, office 33, 08018 Barcelona, Spain, and CIF B-62913926, and registered in the Mercantile Registry of Barcelona.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Second: Vintegris Services<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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The Applicant, a natural person who for the purposes of these General Conditions acts in the name and on behalf of the Client, REQUESTS from V\u00cdNTEGRIS, the provision of the nebulaSUITE service. nebulaSUITE includes the following services:<\/strong><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Service Name<\/div><\/div><\/div><\/th>
Description<\/div><\/div><\/div><\/th><\/tr><\/thead>\n\t\t\t\t\t\t\t\t
nebulaUSERS<\/div><\/div><\/div><\/td>
User management service<\/div><\/div><\/div><\/td><\/tr>
nebulaID<\/div><\/div><\/div><\/td>
Identification issuance service<\/div><\/div><\/div><\/td><\/tr>
nebulaCERT<\/div><\/div><\/div><\/td>
Centralized certificate management service<\/div><\/div><\/div><\/td><\/tr>
nebulaACCESS<\/div><\/div><\/div><\/td>
Multi-factor dynamic authentication service<\/div><\/div><\/div><\/td><\/tr>
nebulaSIGN<\/div><\/div><\/div><\/td>
Signature portal service\n<\/div><\/div><\/div><\/td><\/tr>
nebulaSNE<\/div><\/div><\/div><\/td>
Electronic notification management service<\/div><\/div><\/div><\/td><\/tr>
nebulaDISCOVER<\/div><\/div><\/div><\/td>
Digital certificate discovery service\n<\/div><\/div><\/div><\/td><\/tr><\/tbody>\n\t\t\t<\/table>\n\t\t<\/div>\n\n\t\t<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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The services indicated are provided by V\u00cdNTEGRIS in SaaS mode after their selection by the Client or licensee, using various computer applications owned by V\u00cdNTEGRIS located on a technological platform to which the Client will have access, once the relevant usage licenses have been granted.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Third: Obligation of the General Conditions<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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These General Terms and Conditions for the Contracting of Services (\u201cGeneral Terms\u201d), without prejudice to the documents listed in Clause Six, regulate the use of all nebulaSUITE services.<\/p>

The “General Terms and Conditions” applicable to each Client are the latest version that the Client accepts and signs at the time of initial subscription\/renewal. If no version is available, the General Terms and Conditions published on the website and in effect at the time of subscription\/renewal will apply. <\/p>

This version of the \u201cGeneral Conditions\u201d will be applicable and valid during the contracted or renewed subscription period (12 months by default).<\/p>

V\u00cdNTEGRIS reserves the right to modify the General Conditions periodically and at its sole discretion, with these updated Conditions being applicable at the next renewal of the Client’s subscription, taking into account what is indicated in the previous paragraph and with the exception of the indications described in clause Eighteen.<\/p>

The Client accepts and undertakes to make proper use of the nebulaSUITE services, in accordance with all applicable laws of the European Union and Spain, as well as with the corresponding regulations, rules, notices, criteria, reports and technical standards that may be appropriate (collectively referred to as \u201cLaws\u201d), and in accordance with the rules of good faith, public order and contained in the General Conditions, without prejudice to the order of precedence established in clause Twenty-Sixth.<\/p>

These General Terms and Conditions are implemented in accordance with the Law, their own agreements, and the Confidential Practice Statement (CPS) in force at the time of the provision of each service, which can be found updated at the internet address https:\/\/www.vincasign.net\/<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Fourth: Hiring process\n<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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For the contracting of the Service, the Applicant must sign the acceptance sheet included in the economic proposal, where the acceptance of the Particular Conditions and General Conditions attached in the economic proposal is declared.<\/p>

Once the corresponding documentation has been signed, V\u00cdNTEGRIS will give the Client access to the Platform.<\/p>

The completion of the subscription process is subject to verification of the information provided by V\u00cdNTEGRIS. Once the subscription is finalized, V\u00cdNTEGRIS will send the customer a Purchase Confirmation Letter via email containing the subscription details. Additionally, except in the case of renewals, V\u00cdNTEGRIS will send the customer a document called “Welcome Info (WI)” via email, which will include instructions for accessing the platform, the subscription validity period, the User ID for access, and the customer’s email address where the password reset link will be sent. <\/p>

It is important to note that the subscription start and end dates (validity period) will be those indicated in the “Welcome Info (WI)” document. The start date will coincide with the activation date of the environment and the date from which the subscription is contracted, and the end date will be the maximum contracted date. These dates will be used to determine the subscription’s expiration and renewal. <\/p>

The password set by the user is unique, personal, and non-transferable. The Client is obligated to use their passwords and other credentials diligently and keep them secret. Consequently, the Client is responsible for the proper safekeeping and confidentiality of any identifiers and\/or passwords and agrees not to transfer their use to third parties, whether temporarily or permanently, nor to allow access to them by unauthorized persons. The Client will be responsible for the use of the Services by any unauthorized third party who uses a password due to the User’s negligence or loss of said password. Therefore, the Client is obligated to immediately notify V\u00cdNTEGRIS of any event that could lead to the misuse of identifiers and\/or passwords, such as theft, loss, or unauthorized access, so that they can be immediately canceled. Until such events are reported, V\u00cdNTEGRIS will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties. <\/p>

It is recommended to change this password periodically and not use the same one for multiple services.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Fifth: Applicant limitations\n<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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The Applicant, at the time of requesting nebulaSUITE services and in accordance with current legislation, has been informed of the precise instructions for the use of the services, the limitations of use and the way in which V\u00cdNTEGRIS limits its possible liability, as well as the sufficient authorization of V\u00cdNTEGRIS, and the relevant dispute resolution procedures, and accepts them expressly and without reservation, for the purposes of what is indicated in articles 5 and 7 of Law 7\/1998, of April 13, on general conditions of contracting.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Sixth: Regulation of nebulaSUITE services\n<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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The nebulaSUITE services are specifically governed by the following service documentation, which is fully incorporated into the contract: 1) The Economic Proposal and any Special Conditions included therein. 2) These General Conditions. 3) Annex I \u201cSpecific Terms of the nebulaSUITE Services\u201d. 4) Annex II \u201cService Level Agreements (SLAs)\u201d. 5) Annex III \u201cData Processing Agreement (DPA)\u201d. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Seventh: Rates, billing and payment methods<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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The Client shall pay the amount corresponding to the services referred to in these General Terms and Conditions in accordance with the price list approved by V\u00cdNTEGRIS at any given time, the current value of which is indicated in the Economic Proposal approved by both parties prior to the commencement of nebulaSUITE services. Notwithstanding any information that may appear in the price list, the price that the Client must pay is that which appears in the Economic Proposal. <\/p>

The prices of the services contracted by the Client are found in the Economic Proposal, as well as the details of the services and technologies contracted by the Client.<\/p>

In the event that the Client contracts the services through a V\u00cdNTEGRIS partner, V\u00cdNTEGRIS will invoice the partner for the corresponding amount indicated in the Economic Proposal approved by both parties prior to the start of the nebulaSUITE services.<\/p>

The Partner will pay the corresponding amount according to the payment terms established in the Economic Proposal.<\/p>

In these cases, V\u00cdNTEGRIS will not be responsible for the commitments that the Partner has acquired directly with the Client, it will only respond according to the services agreed and contracted by the Partner for the Client.<\/p>

V\u00cdNTEGRIS reserves the right to increase the prices of its product subscriptions, which may be due, among other things<\/em> , to increased costs to compensate for newly added features, costs of new procedures and certifications imposed by regulations, or the expansion of new services included in the subscriptions. If V\u00cdNTEGRIS anticipates such an increase, it will notify the customer 60 days in advance of the renewal date of the affected subscriptions, and the customer may then decide whether to renew or terminate their subscriptions. <\/p>

The payment method and billing milestones are outlined in the Economic Proposal.<\/p>

All payments will be made in euros (\u20ac), unless otherwise stated in the Economic Proposal.<\/p>

V\u00cdNTEGRIS will invoice the Client as follows:<\/p>

  1. Standard Billing<\/strong>
    1. 100% of the Technology and Services will be billed (up to 5 days), after the provision to the Client (activation of the environment \/ sending of Welcome Info).

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    2. Special Billing.<\/strong> The milestones and billing amounts are as follows:
      1. 100% of the Technology, after making it available to the Client (activation of the environment \/ sending Welcome Info).<\/li>
      2. 50% of the Services are due at the start of the project. The remaining 50% is due upon completion and after client approval.

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        If the Client contracts the services through a V\u00cdNTEGRIS Partner, the billing and payment policies indicated above will apply directly to the Partner.<\/p>

        If the Client fails to make full or partial payment of the amounts owed within one month of the agreed invoice due date, V\u00cdNTEGRIS may, after giving the Client prior notice, temporarily suspend the service. The service restriction will affect the services for which payment is overdue and may also affect other dependent services. Temporary suspension does not exempt the Client from the obligation to continue making the corresponding fixed periodic payments. <\/p>

        V\u00cdNTEGRIS may also suspend or cancel the provision of the Service in the event that:<\/p>

        1. the Client fails to comply with any of the obligations incumbent upon him or her under these General Conditions or the applicable Special Conditions;<\/li>
        2. has provided false or incorrect information in the application for registration with the Service;<\/li>
        3. V\u00cdNTEGRIS considers and\/or has reasonable indications that illicit, illegal, or antisocial activities, or activities contrary to public order and\/or good morals, or contrary to the provisions of the General Conditions themselves, could be carried out through the Service.

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          A delay in payment for a period exceeding 2 months or the temporary suspension of the contract on two occasions due to late payment of any of the contracted services, will entitle V\u00cdNTEGRIS to the definitive interruption of all contracted services and the corresponding termination of the contract, after notifying the Client 10 business days in advance, indicating the date on which it will take place.<\/p>

          The policies regarding the suspension and cancellation of services due to non-payment will also apply to cases where the contract was made through V\u00cdNTEGRIS partners, and the billing and payment were delegated to them, and they failed to make the payment.<\/p>

          The Partner may request that V\u00cdNTEGRIS deactivate each active Subscription separately, and depending on the Solution, the Client will have limited or no access to it. V\u00cdNTEGRIS will not be liable to the Client in any way for the Partner’s deactivation of the Client’s Subscription. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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          Eighth: Validity<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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          Except for clauses 9, 10, 11, 12, and 19, these General Terms and Conditions shall remain in effect for the duration of the service provided and shall be specified in the WI document or, failing that, in the purchase confirmation. The remaining clauses shall remain in effect until the legally established periods expire in each case, or, if no such periods are established, until any legal actions that V\u00cdNTEGRIS may take against the Client or third parties are time-barred or expire. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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          Ninth: Termination of services<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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          The Services under this Contract will be provided during the Service Period defined in the WI document or failing that in the purchase confirmation, unless suspended or terminated early in accordance with these General Conditions or the Economic Proposal.<\/p>

          Early termination without just cause. <\/b>The Customer may choose to cancel their subscription early, at any time, but will not receive any refund of previously paid fees and must immediately pay all outstanding fees due until the end of the Subscription Term. In this case, the service will remain active until the initially defined expiration date, unless the Customer expressly instructs us to deactivate the account. <\/p>

          Early termination for justified cause. <\/b>Either party may terminate the provision of the Services for just cause as follows: (i) by giving the other party thirty (30) days’ prior notice that a material breach has occurred, provided that such breach has not been remedied by the end of that period. In this case, V\u00cdNTEGRIS reserves the right to deactivate the Customer’s SaaS Service and terminate the license to use the software related to the Services; all of this without prejudice to any right of access in relation to personal data, as provided in clause 17 of these General Terms and Conditions. <\/p>

          Also, V\u00cdNTEGRIS may terminate the provision of the Services for justified cause with thirty (30) days’ prior notice if V\u00cdNTEGRIS determines that the Client is acting (or has acted) in a manner that reflects negatively on V\u00cdNTEGRIS or affects V\u00cdNTEGRIS or its prospects or clients.<\/p>

          In any of the aforementioned cases, if V\u00cdNTEGRIS declares the termination of services due to infringement or improper conduct by the Client, the Client will not receive any refund of previously paid fees and must immediately pay all unpaid fees owed until the end of the Subscription Period.<\/p>

          Except for these reasons, the Service may not be terminated before the end of the Subscription Term.<\/p>

          Termination within the subscription period.<\/strong> If the Customer wishes to not renew the subscription service, they must notify at least one month in advance of the current subscription date; otherwise, the customer may be required to pay cancellation fees and comply with the other conditions specified in this cancellation section.<\/p>

          If you cancel the Services, they will end on the final date of the current Service period or, if V\u00cdNTEGRIS charges invoices to your account periodically, at the end of the period in which you canceled.<\/p>

          To cancel the Services you must contact your Commercial Manager or notify the address customercare@vintegris.com<\/a> .<\/p>

          Please note that you will be required to pay all charges made to your billing account for the Services up to the subscription termination date.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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          Tenth: Software License<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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          Unless accompanied by a separate license agreement between V\u00cdNTEGRIS and the customer, all software provided to you by V\u00cdNTEGRIS as part of the Services is subject to these Terms:<\/p>

          1. A temporary, onerous, non-exclusive, non-transferable license is granted, in accordance with the provisions of these General Conditions and, where applicable, the Special Conditions, for the right of reproduction for the purposes of the right of use in relation to the nebulaSUITE service modality contracted, in exchange for payment of the fee established in Clause 7.

            The software or website that is part of the Services may include third-party code. Any scripts or code belonging to third parties, linked to or referenced by the software or website, are licensed to you by the third-party owners of such code, not by V\u00cdNTEGRIS. Any notices included in this document regarding third-party code are for informational purposes only.

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          2. V\u00cdNTEGRIS reserves all rights to the software not expressly granted by V\u00cdNTEGRIS under these Terms. This license does not grant any rights with respect to the following; specifically, the licensee may not do the following unless authorized in writing by V\u00cdNTEGRIS:

            1. To circumvent or omit the technical protection measures contained in or related to the software or the Services;<\/li>
            2. Disassemble, decompile, decrypt, emulate, exploit a vulnerability or reverse engineer all or part of the software or any other aspect of the Services included in or accessible through them, without prior written permission from V\u00cdNTEGRIS, except and only to the extent that such activity is expressly permitted by applicable intellectual property law;<\/li>
            3. Copying, modifying, creating derivative works or otherwise attempting to extract the source code of the Software or any of the V\u00cdNTEGRIS Services;<\/li>
            4. Sublicense, transfer, reproduce or distribute any of the Services;<\/li>
            5. Selling, reselling or otherwise making the Services and\/or the Software available to a third party as part of a commercial offer that does not have material value independent of the Services;<\/li>
            6. Reproducing, distributing, selling, transforming, publishing, publicly communicating, renting, leasing or transmitting to any person or entity, partially or in whole, in any form, or by any means, whether mechanical, magnetic, by photocopy or any other, without prior written permission from V\u00cdNTEGRIS, the software.<\/li>
            7. Separate software components or services for use on different devices;<\/li>
            8. Publish, copy, rent, lease, sell, export, import, distribute or loan the software or the Services;<\/li>
            9. Transfer the software, software licenses, or rights to access or use the Services;<\/li>
            10. Using the Services in an unauthorized manner that may interfere with their use by any other person or with their access to services, data, accounts or networks or in any other manner that is not in accordance with applicable law;<\/li>
            11. Allowing access to the Services or modification of devices authorized by V\u00cdNTEGRIS by unauthorized third-party applications.<\/li>
            12. Create telematic \u201clinks\u201d with the services described in this Agreement, nor adapt or duplicate any content of the Software on any other server or wireless device;<\/li>
            13. Accessing the product or services covered by these General Conditions in order to create a competitive product or service, or to create a product using ideas, features, functions or graphics similar to those of the services provided for therein.

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              Access to the Service is only permitted to those persons who have the password, under the responsibility of the Client, and the Service will be limited to the number of users that corresponds according to the Services contracted by the Client and as described in the Economic Proposal.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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              Eleventh: Guarantee<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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              SaaS services are composed of elements from different contractual causes, on the one hand, those derived from the software license and on the other hand, those derived from its deployment in cloud infrastructure.<\/p>

              1. Regarding defective compliance resulting from V\u00cdNTEGRIS software:<\/p>

                V\u00cdNTEGRIS warrants that: (i) it will provide the Services in all material respects as described in these Terms and the Special Conditions; (ii) it will provide the Services professionally in accordance with these Terms and the Special Conditions; and (iii) it will not knowingly introduce any viruses or other forms of malicious code into the service. <\/p>

                To the extent permitted by law, V\u00cdNTEGRIS Services are provided “as is” without any warranty or condition other than that set forth in the preceding paragraph.<\/p>

                If the Services provided to the Client are not provided in accordance with the above guarantee, the Client must notify V\u00cdNTEGRIS in writing, describing the deficiency in the Services.<\/p>

                Within the first 5 days, V\u00cdNTEGRIS will make a diagnosis of the technical reasons for the defective compliance in the provision of its services in accordance with these General Conditions and the Special Conditions.<\/p>

                If the service can be restored in less than 10 days, V\u00cdNTEGRIS will make all commercially reasonable efforts to correct the situation, and will propose alternative technical measures to the customer to minimize any potential damage that may affect the customer.<\/p>

                If it is not possible to provide the services in accordance with the foregoing warranty within 15 days of notification of the defective performance, V\u00cdNTEGRIS will propose alternative technical measures to the Client to minimize any potential damages that may affect the Client. Within sixty (60) days from the date of notification of non-performance, either party may terminate the Services by sending written notice to the other. <\/p>

                The return of prepaid amounts from the moment of breach of the guarantee will be the RESPONSIBILITY OF V\u00cdNTEGRIS, making said amount the maximum compensation for damages that the Client may claim and demand from V\u00cdNTEGRIS, provided that it is not attributable to gross negligence or willful misconduct by V\u00cdNTEGRIS.<\/p><\/li>

              2. Regarding defective compliance resulting from the availability of the cloud infrastructure.<\/p>

                In this sense, Annex II, which details the terms of the Service Level Agreements (SLAs) offered by V\u00cdNTEGRIS to its clients, forms an integral part of this contract.<\/p><\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                Twelfth: Limitation of liability and exclusion of warranties<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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                Any liability on the part of V\u00cdNTEGRIS for failure to comply with the level of service as set out in ANNEX II will only be granted if V\u00cdNTEGRIS was responsible for the failure.<\/p>

                In particular, V\u00cdNTEGRIS is not responsible for:<\/p>

                1. No unavailability, suspension, or termination of any of the services, or any other performance issues thereof: (i) resulting from a suspension caused by factors beyond V\u00cdNTEGRIS’s reasonable control, including any force majeure event or internet access or related problems beyond its point of demarcation; (ii) resulting from any action or omission by the Client or a third party; (iii) resulting from Client personnel, software, or any other technology and\/or equipment of a third party (other than third-party equipment that is under the direct control of V\u00cdNTEGRIS); (iv) resulting from a suspension and termination of the Client’s right to use the services pursuant to the service agreement; (v) affecting test, development, pre-production, or commercial environments; (vi) resulting from the Client’s failure to follow V\u00cdNTEGRIS’s instructions; or (vii) that which results from its equipment, software or other technology and\/or third-party equipment, software or other technology (other than third-party equipment that is under the direct control of V\u00cdNTEGRIS. <\/li>
                2. The modification of the V\u00cdNTEGRIS service by any other person, or the modification by V\u00cdNTEGRIS of said service in accordance with the specifications or instructions provided by the Client.<\/li>
                3. The content, including links to third-party websites and user-generated activities, is not attributable to V\u00cdNTEGRIS and does not represent the opinion of V\u00cdNTEGRIS. <\/li>
                4. To compensate for any damage, direct or indirect, that results from the use of the service in a manner that violates the Law or these General Conditions.<\/li>
                5. V\u00cdNTEGRIS shall not be liable for any failure or delay in performing its obligations under these General Terms and Conditions to the extent such failure or delay results from circumstances beyond V\u00cdNTEGRIS’s reasonable control (for example, labor disputes, natural disasters, war or terrorist activity, malicious damage, accidents, or compliance with applicable law or government regulation). V\u00cdNTEGRIS will endeavor to minimize the effects of such events and fulfill its obligations that are not affected by them. <\/li>
                6. The unavailability, suspension or termination of any of the contracted services, or any other performance problem as a result of the preventive and corrective maintenance carried out by V\u00cdNTEGRIS in accordance with the section \u201cEvolution of the service\u201d described in Annex II, provided that this is communicated to the Client in advance.

                  <\/li><\/ol>

                  V\u00cdNTEGRIS will only be liable if the material obligations of the Contract are intentionally breached or when required by applicable law.<\/p>

                  Additionally, unless otherwise agreed in writing, V\u00cdNTEGRIS will not be obligated to make any modifications to its systems or services to adapt them to operational requirements demanded by any regulatory or business need of the Client.<\/p>

                  Neither party shall be liable for any indirect, incidental, special, punitive or consequential damages, or for any loss of profits, revenue (excluding fees due under this Agreement), data or use of data.<\/p>

                  V\u00cdNTEGRIS’s total liability for any damage arising out of, or in any way related to, this Agreement, whether contractual, extra-contractual, or otherwise, shall be limited to the amount of the fees paid to V\u00cdNTEGRIS for the Services governed by the contract giving rise to the liability during the twelve (12) month period immediately preceding the event giving rise to such liability, less any refunds or credits received from V\u00cdNTEGRIS under the contract, provided that it is not attributable to gross negligence or willful misconduct by V\u00cdNTEGRIS.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

                  \n\t\t\t\t\t
                  Thirteenth. Customer Obligations \n<\/div>\t\t\t\t<\/div>\n\t\t\t\t
                  \n\t\t\t\t\t\t\t\t\t

                  The Client must:<\/strong><\/p>

                  1. To ensure the maintenance of the facility for proper access to services and, if necessary, to adapt it to the technological evolution of the contracted services.<\/li>
                  2. Comply with the instructions of V\u00cdNTEGRIS and those indicated in the documentation provided to you, if applicable.<\/li>
                  3. Pay the agreed economic consideration in the Economic Proposal.<\/li>
                  4. To facilitate the proper performance of activities by V\u00cdNTEGRIS.<\/li>
                  5. Do not share your user accounts and access with third parties. The Client will be responsible for the diligent and proper use of access to the contracted Service and\/or Software. <\/li>
                  6. It will ensure that the use that it and its End Users make of the Services, including all use made of Customer Data, as well as access to it, complies with the provisions of these General Conditions, that they will act diligently in the use of the services and will not use them to carry out any activity contrary to the laws, morals or public order or to use the services for fraudulent, illicit, prohibited purposes or that may cause harm to the interests of third parties, V\u00cdNTEGRIS declining any responsibility that may arise from these actions.<\/li>
                  7. Ensure that the data you enter into the platform is legal and that you are duly authorized to possess and process it.<\/li>
                  8. To inform V\u00cdNTEGRIS of any fact or situation that may have occurred that could jeopardize the security of access by authorized users.<\/li>
                  9. It is forbidden to force errors or look for security vulnerabilities on the platform without express authorization from V\u00cdNTEGRIS.<\/li>
                  10. Do not subject the platform to workloads clearly intended to destabilize it, including distributed denial-of-service (DDoS) attacks or similar situations. If such situations are detected, the previously indicated service level will not apply, and it will be considered an emergency. <\/li>
                  11. Observe the restrictions set out in the clauses relating to the license and Intellectual Property.<\/li>
                  12. The Client shall be liable to V\u00cdNTEGRIS and any third party acting in good faith, for any damages resulting from the Client’s breach of any of the obligations set forth in these General or Special Conditions.<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
                    \n\t\t\t\t\t
                    Fourteenth: Intellectual Property\n<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
                    \n\t\t\t\t
                    \n\t\t\t\t\t\t\t\t\t

                    Without prejudice to the provisions of clause NINTH, any computer program (Software) supplied, as well as all its documentation and\/or information relating thereto, is the exclusive property of V\u00cdNTEGRIS or, where applicable, of V\u00cdNTEGRIS’s Software Providers.<\/p>

                    All intellectual property and copyright rights over the Program, the documentation, as well as over any other work, program and\/or product that may be delivered by V\u00cdNTEGRIS to the Client in compliance with the applicable agreements according to Clause Six belong to V\u00cdNTEGRIS or its Software Providers.<\/p>

                    The Client shall refrain from deleting, modifying or otherwise altering the reservation of rights notices in favor of the licensor, as well as, among others, the name, logo or trademark that identifies the latter entity in all documentation provided on any medium in the context of the agreements applicable according to Clause Six.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

                    \n\t\t\t\t\t
                    Fifteenth: Customer Brands<\/div>\t\t\t\t<\/div>\n\t\t\t\t
                    \n\t\t\t\t\t\t\t\t\t

                    By accepting these General Conditions, the Client authorizes V\u00cdNTEGRIS to use its trademark(s) and logo(s) (hereinafter, the \u201cTrademarks\u201d) for the sole purpose of using them in commercial presentations to refer to the fact that it is a Client of V\u00cdNTEGRIS.<\/p>

                    To that effect, the Client authorizes V\u00cdNTEGRIS to insert and communicate its Trademarks in all advertising and support materials as provided.<\/p>

                    The Client authorizes the arrangement and configuration of its Trademarks so that they appear in the form and place appropriate to its image, without altering colors, shapes, symbols or graphics.<\/p>

                    Thus, V\u00cdNTEGRIS undertakes to (i) not alter, deface or mutilate the Trademark(s) in any way; (ii) not use the Trademark(s) in a way that harms the prestige or image of the Client; (iii) respect those reasonable indications transmitted by the Client in relation to the use of the Trademark(s) for its protection and maintenance of its distinctive strength, renown and homogeneity. <\/p>

                    The use that V\u00cdNTEGRIS makes of the Trademark(s) during the execution of the commercial agreement between both parties does not mean in any case that V\u00cdNTEGRIS acquires any right over it\/them.<\/p>

                    The Client will always have the option to prohibit V\u00cdNTEGRIS from using its trademarks as indicated in this clause. If the Client chooses this option, they must notify V\u00cdNTEGRIS of their intention not to use its trademarks, as stipulated herein, in writing, either physically or electronically. <\/p>

                    Upon termination of the commercial relationship between the Client and V\u00cdNTEGRIS, the Client will immediately cease using the Trademark(s).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

                    \n\t\t\t\t\t
                    Sixteenth: Protection of Personal Data<\/div>\t\t\t\t<\/div>\n\t\t\t\t
                    \n\t\t\t\t\t\t\t\t\t

                    V\u00cdNTEGRIS, as the Data Controller, in compliance with current data protection regulations, informs you of the collection and processing of personal data that it may process as a result of contracting the services included in these General Conditions:<\/p>

                    Contact person details and data related to the management of the contracted services:<\/strong><\/span><\/h5>

                    The identification and contact information provided during the pre-contractual and contractual phases of this relationship will be processed for the purpose of managing the contracted service: providing the required information, managing incidents, administrative tasks, invoicing, and sending information related to the services provided by VINTEGRIS. The legal basis for this processing is the existing pre-contractual\/contractual relationship between both parties and VINTEGRIS’s legitimate interest in maintaining relationships of any kind with the legal entity where the data subject provides their services. <\/p>

                    Data may be communicated to public bodies in compliance with legal obligations.
                    The data retention period will be that established by applicable regulations and, where appropriate, the data will be kept for the time necessary to demonstrate the proper execution of the contract. Basic contact information may also be retained indefinitely for future marketing activities based on VINTEGRIS’s legitimate interest. <\/p>

                    The interested party will inform VINTEGRIS of any changes that occur in the data provided, so that they can be kept up to date.<\/p>

                    Data related to the issuance of certificates<\/span><\/strong><\/h5>

                    If the services contracted with VINTEGRIS include the issuance of VINTEGRIS certificates as a qualified trust service provider, the personal data provided will be processed for the purpose of issuing and, where applicable, revoking the certificate. The personal data processed corresponds to the identifying information of the certificate holders and the documents they provide that prove their identity, as well as any attributes that may be included in the certificate. In cases where the certificate so requires, data related to the holder’s position within the company and\/or their status as a representative or authorized agent will be processed. Additionally, the contact information provided by the signatory (email address and mobile phone number), necessary for the certificate issuance process, will be processed. <\/p>

                    The data may be communicated to competent bodies and auditors in compliance with current regulations<\/p>

                    The legal basis for this processing is the existing contractual relationship between both parties and compliance with current regulations applicable to the provision of trust services.<\/p>

                    The data retention period will be 15 years from the date the certificate expires in accordance with the applicable regulations.<\/p>

                    Furthermore, based on V\u00edntegris’ legitimate interest and in compliance with the requirements established in the regulations applicable to trusted service providers, the data collected for issuing the certificate may be processed for the purposes of conducting internal audits to verify the proper functioning of our processes and to monitor that the actions taken are correct. The data may be processed for these purposes for the time necessary to meet the audit requirements. Likewise, personal data necessary for the internal management of invoicing for issued certificates may be processed. The legal basis for this processing is the legitimate interest of the data controller in issuing invoices for the contracted certificates. The data retention period will be that established in the regulations applicable for accounting and tax purposes and for addressing claims arising from the issued invoices. The data may also be processed for statistical purposes based on the legitimate interest of the data controller. <\/p>

                    Data related to nebulaID (Video identification)
                    <\/span><\/strong>
                    When issuing certificates, the identity validation process is carried out using Nebula ID, the personal data collected in this process will be processed for the purpose of identifying and validating the identity of the applicant. <\/span>The personal data processed are: identification data, image of identity documents, results of OCR processing of the identity documents provided, recorded video image as proof of life, including voice recording, audit record of the verification process and data related to the circumstances of the applicant and that have a relationship with the certificate (nationality, position or representation in the company\u2026)<\/p>

                    Although a facial recognition process is performed using biometric techniques, no biometric data is stored.<\/p>

                    The video identification process and the personal data collected are those established in current regulations, which, along with the data subject’s consent obtained before the process begins, constitute the legal basis for processing the data. The data subject is informed of the possibility of verifying their identity through other means, such as in-person identity verification. <\/p>

                    This data may be communicated to competent bodies and auditors in compliance with applicable regulations.<\/p>

                    The data retention period is fifteen years from the expiration date of the issued certificate and five years when the validation process has failed and it is considered that there may be an attempt at fraud, counting from the date of its execution, in accordance with the provisions of current regulations.<\/p>

                    Furthermore, based on V\u00edntegris’ legitimate interest and in compliance with the requirements established in the regulations applicable to trusted service providers, the data collected for issuing the certificate may be processed for the purposes of conducting internal audits to verify the proper functioning of our processes and to monitor that the actions taken are correct. The data may be processed for these purposes for the time necessary to comply with the audit requirements. Likewise, personal data necessary for the internal management of invoicing for issued certificates may be processed. The legal basis for this processing is the legitimate interest of the data controller in issuing invoices for the contracted certificates. The data retention period will be that established in the regulations applicable for accounting and tax purposes and for addressing claims arising from the issued invoices. The data may also be processed for statistical purposes based on the legitimate interest of the data controller. <\/p>

                    When, in any of the data processing activities indicated in this clause, data from third parties is provided, the client must inform the owner of this data beforehand of the terms contained herein.<\/p>

                    At any time, the interested party may submit a request to exercise their rights recognized in the regulations on the protection of personal data, by means of a written and signed request, accompanied by a copy of their national identity document or equivalent document that proves their identity. Likewise, when acting through a representative, it will be necessary to prove the existence of said representation. Requests should be addressed to V\u00cdNTEGRIS. <\/p>