Legal note

1- Website Ownership

EVERYDAY SOFTWARE, S.L. (onwards, Factorial) is the owner of the factorialhr.com website (onwards, the Website). Its domicile is located in Carrer de Llacuna, 56, Ground floor reception, Building C, Sant Martí, 08005, Barcelona - Spain and its CIF is B-66854530. It’s subscribed in the Registro Mercantil de Barcelona, at Tomo 45613, Folio 156, Hoja 493653, Inscripción 1ª. You can contact us through the e-mail [email protected]. The domain(s)’s name(s) you used to access to the Website is/are Factorial’s ownership/s. This/these domain(s)’s name(s) can’t be used linked to other contents, products and/or services which aren’t Factorial’s ownership, neither in ways they can cause confusion for users or Factorial’s discredit.

2- Object

This Legal Notice collect the general conditions regulating the access, navegation and Website use, as much as for the contents and what they incorporate, without the perjudice that Factorial can establish particular conditions regulating use, performance and/or hiring of products or services that, in their case, can be offered through the Website.

In case of being offered, through the Website, the use, performance and/or hiring of products or services, the fact of being used and/or requested from the User would involve, in that way, the agreement without reservations of the particular conditions that, in its case, would have been established for that purpose, and that would form integral part of this Legal Notice.

Factorial reserve the faculty of offering determined products or services exclusively to registered Users through the Website and that they explicitly accept the particular conditions applied.

Factorial reserve the faculty of terminate, modify, suspend or interrupt, in temporary or indefinite form, in every moment and without the need of advanced notice, the access to the Website’s products, services and/or contents, as much as the Website, performances, products, services and contents configuration, without the User possibility of demanding any reclamation or compensation; in particular, for issues about operations concerning maintenance, reparation, actualization, improvement and/or technical, operative, business and/or legal changes’ adequacy.

After that termination, will follow current prohibitions, restrictions, and limitations contained in the present Legal Notice and/or in any particular condition applied.

3- Website access and use

The Users’ Website access is free. Nevertheless, the use, performance and/or hiring of products and services that, in their case, could be offered by Factorial can be subject of a formal requirements’ previous acceptation, as much as the fulfillment of the correspondent form, payment of expenses or taxes and/or particular conditions’ previous acceptation that have to be applied. In the event that the company subscribes to a paid plan, it will the company, and not the employee (aka the user), who will be charged.

The simple Website access doesn’t involve, by its own, the establishment of any kind of business relation between Factorial and the User, except when the appropriate means are established and the User has previously complied with the requirements that, in its case, are established.

The inclusion in the Website of information about products or services offered by Factorial is for informational and advertising purpose only, unless another purpose is specifically established. If the User, for the use, performance and/or hiring of any product or service provided by the Website, should proceed to register, he/she will be responsible to provide truthful and legitimate information, granting the authenticity of all the data introduced during the fulfillment of the pre- established forms in order to access to the products or services concerned.

If the User, as consequence of the registration, should have a password, he/she undertakes to a diligent use of it and to keep it secret. In consequence, the Users are responsible of the adequate custody and confidentiality of any used identifier and/or password, being compromised to not give them to others, either temporarily or permanently, neither to allow its access to outsiders.

It will be User’s exclusive responsibility the use and/or hiring of products and services for any illicit that involves a password caused by a non-diligent use or its lost by the User. Under the above, it’s User’s obligation to immediately notify to Factorial, every fact that permits the wrong use of any indicator and/or password, as much as the theft, loss or not authorized access, with the purpose to proceed to its immediate cancelation.

Without damage of any other disposition contained here, as long as those facts aren’t communicated, Factorial will be exempted of any responsibility that could be caused by the wrong use of identifiers or passwords by unauthorized third parties.

4- Responsibility limitation

The Website and any other content, product and/or service offered in it are provided “as-is”. The access, use and navigation of the Website and, in its case, the use or hiring of services or products provided by it, happen under the unique and exclusive User’s responsibility, so that he/she undertakes to observe diligently and faithfully any additional instruction, given by Factorial or Factorial’s authorized staff, regarding the use of the Website and its contents.

In this sense, Factorial is not responsible and, in the maximum extent permitted by applicable legislation, it excludes any guarantee, expressed or implicit, related to merchantability, suitability for a specific purpose, accomplishment, accuracy, reliability, integrity or news of contents, services, products, links or other elements included in the Website, or the results reached from accessing and using the Website and/or its content. In particular, Factorial don’t guarantee or be responsible for:

• The lack of continuous and uninterrupted availability of the Website and/or the accessibility to the Website or the technical continuity of it;
• The existence of interruptions or errors in the Website’s access, as much as technical problems or failures produced during the Internet connection;
• The absence of errors in those contents or products;
• The absence of virus and other harmful components in the Website or in the server supplying it;
• The Website’s invulnerability and/or impregnability of security measures that are adopted in it;
• Incidents in the Internet network or any other incident due to forcemajeure and/or beyond its scope and/or control;
• Damages or losses caused, to him/herself or to a third party, by any person who infringes the conditions, norms, and instructions that Factorial establishes in the Website or through the violation of the security systems of it;
• The loss of profit, incomes, data, business interruption and indirect, special, derivatives, exemplary or punitive damages.

5- Intellectual and industrial property rights

Factorial is titular or has obtained the correspondent license on the exploitation rights in the field of intellectual, industrial and image property over the available contents through it, among others in a merely enunciative and no-exhaustive form, texts, designs, graphics, draws, codes, software, pictures, videos, sounds, databases, indicators, images, brands, logotypes, expressions, information and, in general, any other creation protected by national laws and international agreements over the intellectual and industrial propriety (hereinafter, together, the Contents).

All the intellectual and industrial propriety rights are reserved over the Contents and, in particular, is forbidden modify, copy, reproduce, communicate publically, transform or provide in any way the total or only partly the Contents included in the Website, for public or commercial purposes, without a previous, expressed and written authorization by Factorial or, in its case, by the titular of the correspondent rights.

User’s access and navigation on the Website in no case will be will be understood as a resignation, transmission, license or cession nor total or partial of the already indicated rights by Factorial. Consequently, it’s not allowed to suppress, elude or manipulate the copyright notice (f.e, "copyright" o “©”) and any other identification data about Factorial or its incorporated titular rights among Contents, as much as technical protection devices, fingerprints or any information and/or identification mechanisms that could be contained in them.

References to names and commercial or registered brands, logotypes or other distinctive signs, whether they are owned by Factorial or by third parties, they imply the prohibition on their use without Factorial or owner’s agreement. In any moment, except with explicit expression, the Website and/or its Contents access or use confers on the user any rights over trademarks, logotypes and/or distinctive signs included in it protected by Law.

6- Links

6.1 Links from the Website to other websites

Factorial can offer links, direct or indirect, to Internet resources or web pages situated outside its Website. The presence of these links on the Website are for informational purposes, not constituting in any case an invitation to contract products and / or services that are offered or can be offered on the destination web pages or imply the existence of a link or commercial relationship or dependency with the entity that owns the linked website. In these cases, Factorial will not be responsible for establishing the general and particular conditions for the use, provision or contracting of these services by third parties and, therefore, can’t be considered responsible for them.

Factorial doesn’t have nor the faculty or human or technical means to know, control or approve all the information, contents, products or services provided by other web pages with links established from the Website. Consequently, Factorial can’t assume any responsibility for any aspect related to the web pages with links established from the Website, specifically, as example and not limited, over its performance, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

However, in case that Factorial becomes aware that the activity or information to those links is illegal, constitutes a crime or may damage property or rights of a third party, it will act with the necessary diligence to delete or disable the corresponding link as soon as possible. Furthermore, if Users had actual knowledge of the illegality of activities developed through these third-party web pages, they must immediately notify Factorial so that the access link to it can be disabled.

6.2 Links from other web pages to the Website

If any User, entity or website wishes to establish any type of link to the Website, it must comply with the following terms:

• He/she must obtain the prior, express and written authorization by Factorial.
• The link can only be directed to the main page of the Website, unless expressly authorized otherwise.
• The link must be absolute and complete, it means that it must take the User, through a click, to the main page and must completely cover the entire extension of the screen of the main page of the Website. In any case, unless Factorial authorizes it, the link’s website can reproduce in any way the Website, include it as part of its website or within one of its "frames" or create a " browser "on any of the Website’s pages.
• In the link’s website, it will not be possible to declare in any way that Factorial has authorized such link, unless it is the case. If the entity that performs correctly the link from its website to the Website wishes to include in its web page the brand, denomination, trade name, label, logo, or any other sign identifying Factorial and / or the Website, it must previously have the prior, express and written authorization of Factorial.
• In any case, Factorial prohibits the establishment of a link to the Website from those web pages that contain materials, information or illegal, illegal, degrading, obscene, and in general, that contravene morality, public order, current legislation, social norms generally accepted or harmful to legitimate rights of third parties.

7- Privacy policy

When it’s necessary for the User to register or provide personal data, the User will be advised about the need to provide his/her personal data. In any case, the collection and processing of personal data will be carried out under the principles and obligations of the applicable regulations on data protection.

8- Duration and modification

Factorial reserves the right to modify the present Legal Notice and / or the particular conditions that, where appropriate, have been established for the use and / or contracting of the products or services provided through the Website, when it deems appropriate, with reason for maintenance operations, repair, updating, improvement and / or adaptation to technical, operational, business and / or legal changes, being valid and taking effect from the publication on the Website.

The temporary validity of those norms coincides, therefore, with the time of their exposure, until they are totally or partially modified, at that time the modified norms will become valid.

9- Communications

In any communication between the User and Factorial, the User must address to Factorial at the postal and / or electronic address indicated above. In any case, the communications of Factorial towards the User will be made according to the provided contact data.

10- Generalities

The different clauses’ headings are only informative, and will not affect, qualify or modify the interpretation of the Legal Notice. In case of discrepancy between this Legal Notice’s terms and particular conditions that, where applicable, may be established regarding the products or services offered on the Website, the provisions of the particular conditions shall prevail.

In the event that any provision or terms of this Legal Notice are considered null and void or inapplicable, entirely or in part, by any Court, Tribunal or competent administrative body, this nullity or non-application will not affect the other Legal Notice’s provisions or the particular conditions that, where appropriate, may have been established.

The non-exercise or execution by Factorial of any right or term contained in this Legal Notice shall not constitute a resignation unless written acknowledgment and agreement by the party.

11- Applicable legislation and competent courts

This Legal Notice and any relationship arising from its acceptance or related to it will be governed exclusively by the applicable Spanish law. To the maximum extent permitted by applicable law, courts located in the city of Barcelona (Spain) will have exclusive jurisdiction to resolve any dispute arising from or related to this Legal Notice and / or any relationship arising from its acceptance. Each of the parties irrevocably accepts the exclusive jurisdiction of those courts.

© 2019 EVERYDAY SOFTWARE, S.L. All the rights are reserved.