1. Duty of information
These General Conditions regulate the access, navigation and use of the Website moonio.io owned by Gemssy Technologies S.L., (here in after, "THE ENTITY"), with N.I.F. B-95808937, with contact number +34644756809, and registered office at Kukulu Bidea 45, 48180 - Loiu (Bizkaia), Spain, Limited Company registered in the Mercantile Registry of Bizkaia in Volume 5.417, Folio 216, Sheet BI-63.528.
These General Conditions are exclusively addressed to users who register on the Website of moonio.io with the aim of obtaining information about the provision of the services offered by THE ENTITY.
The registration in this Website will be free or not, depending on the registration modality carried out by the User. Once you register on the Website, you will be the user of this (here in after, "the User").
For any questions, the User may contact THE ENTITY at the following email address firstname.lastname@example.org.
2. Acceptance of the General Conditions
By accepting the General Conditions, the User undertakes to act at all times in accordance with the provisions set forth in the clauses of this legal text.In case of not agreeing with all or part of these General Conditions, the User must refrain from registering on the Website or navigating in it.
The service provided on this Website is ruled by:
- The present General Conditions.
- The special conditions that may result from | application.
This Website has been developed by THE ENTITY with the purpose of offering users the possibility of finding creators to optimize marketing campaigns.
Navigation through the Website will be free for all users. However, certain THE ENTITY services are subject to payment of a monthly amount.
4. Need for registration
To make the registration the user must fill in the form that the Website makes available, which will include the following user data: email and phone number. Also, you must choose a password to access the account you have created.
Users who register guarantee that they are of legal age or older than 16 years emancipated. In the case of users over 16 and under 18 who are not emancipated, they guarantee that they have the consent of their parents or guardians or authorization from the person or institution that is in charge of them.
4.1. Custody of access codes or passwords for the account
The registered User will be responsible at all times for the custody of his password to access the User's account, assuming consequently any damages that may be derived from its improper use, as well as the cession, disclosure or loss thereof, inform THE ENTITY immediately if you have reason to believe that your access code or password has been used in an unauthorized manner or is likely to be. In any case, the access and/or use of the Website made under the access code or password of the Registered User will be deemed carried out by said User, who will respond in any case of said access and use.
Once the user has created an access account, they will have access to a profile or control panel where they can edit the data of their account, as well as their password and add others such as:
Size of the company
Company/user fiscal details
Company/user phone number and contact details
Likewise, the User will have access to all the plans offered by THE ENTITY for the User to contact the plan that suits their needs on the page called "Plans" or "Pricing" or similar.
The User may consult the content and prices of each of these plans on THE ENTITY Website. THE ENTITY may modify the price of each plan when it deems appropriate, publishing the new plans or prices on its Website on the "Plans" or "Pricing" page.
Notwithstanding the foregoing, THE ENTITY reserves the right to modify the content of each plan when it deems appropriate.
The payment of the services contracted by the User must be made by credit card, THE ENTITY accepts MasterCard, Visa Credit, Visa debit. The total amount of the service will be charged to your bank card at the moment of concluding the purchase process.
The User guarantees, by accepting these General Conditions, that he is the owner of the said card or that, failing that, he has been duly authorized by the owner of the bank card data to be provided to THE ENTITY.
The User may cancel his account at any time by following the instructions that appear on it, through the cancel button in the plans section.
5. Contents of the User's profiles
Since the Website allows registered Users the publication of information and images, we inform you that all the content published by the User in your profile is your exclusive property, giving us a license for use, distribution, communication public and reproduction through which to transform, treat and ultimately use it for the proper functioning of the Website.
This license has a global, non-exclusive, temporary limited, free, transferable, revocable and sublicensable character in favor of third parties, provided that the User's profile is active and has not been removed from the account.
As the owner of the content published in your User Profile, you must ensure at all times that the content is absolutely legal and does not violate the current regulations on Intellectual Property, Industrial, Data Protection, Honor, and Privacy, or any other regulation regardless of that the owner of the violated rights is a natural or legal person.
Likewise, the User guarantees that he is the owner of the content he publishes in his profile, for which reason he has enough rights for his public communication through the Internet. Otherwise, the User will assume all the responsibilities derived from his breach.
If the User is not the owner of the published content, the User guarantees that they have the license of the owner of these.
In the event that the User breaches any of these obligations, it will be held responsible for any liability arising from such breach, with all costs incurred for the damages that may arise, either against THE ENTITY, or against third parties.It is not allowed to use the Website as a means to carry out advertising, business promotion, brands or personal items, as well as obtain email addresses or telephone numbers to which later send unsolicited commercial communications.
THE ENTITY informs the User that when he or she deletes any content that he or she has shared through their profile of the Website, this content will be deleted. However, it is possible that the deleted content may remain blocked for a reasonable period of time (never exceeding 4 years).
6. Use of the Website
The Website may provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information belonging to THE ENTITY or to third parties to which the User may have access.
The User assumes responsibility for the use of the Website and undertakes to make lawful, diligent, honest and correct use of all information or content accessed through the Website, and all under the principles of good faith and respect at all times to the current legislation and the present legal text.
With an enunciative, but not limiting, nature, Users should not:
Register or communicate data that is not true, accurate, complete and / or updated, or access the Website using the name, identifying data or the access codes of another User or impersonate any person or identity. Also, User is responsible for communicating to THE ENTITY, any | modification and / or variation of any of the reported data.
Causing neither maliciously nor intentionally damages or losses that | may impair, alter the Website, or introduce, or will spread computer viruses that can produce alterations not| approve of the contents or integral systems of the Website. The User should not scan or test the vulnerability of | any system or network of THE ENTITY, or infringe any measure of security or authentication, as well as trying to decipher or dismantle the software used by THE ENTITY to offer the services through the Website.
Use the Website for fraudulent purposes, or related to criminal offenses or illicit activities of any kind.Use the Website in order to locate other Users for any other purpose than those indicated in the present General Conditions.
Reproduce, copy, distribute, transform or modify the information and the contents hosted on the Website, unless | have the license of the holder of the corresponding rights.
Use the Website to send, use or reuse material that contain illegal, offensive, pornographic, abusive information, indecent, defamatory, obscene or threatening of any kind, or that suppose a violation of copyright, trademark or confidentiality, privacy or any other right, that is to say, another way injurious or reprehensible to third parties, or whose Content contains computer viruses, political propaganda, advertising content and, in general, any type of annoyance or unnecessary inconvenience.
Download, send or distribute in any other way contents or applications that may violate any legislation in force or that violate any right of any party.
Promote or encourage third parties to carry out any of the previous practices or contribute to it. THE ENTITY will establish limits to the use of its search feature. Such limits can adopt many forms, including some or all of the following possibilities: limiting the number of searches per period of time or in absolute terms, limiting the number of search results per period of time or in absolute terms. Such limits might be monthly or daily, and might vary from client to client, and from use case to use case. Such limits might change for the same user or client even if such a user or client has not switched from one plan to another.
THE ENTITY will have the right to investigate and report any of the conducts mentioned in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions.
7. Intellectual and Industrial Property
All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights over photographs, images, texts, logos, designs, trademarks, trade names, data that is included in the Website and any other intellectual and industrial property rights are the property of THE ENTITY, or third parties that have expressly approved THE ENTITY to use them on its Website.
Therefore, and in virtue of the provisions of the applicable legislation on intellectual, industrial or trademark property, the reproduction, transmission, adaptation, translation, distribution, public communication, including the method of making it available, is expressly prohibited. All or part of the contents of this Application, in any medium and by any technical means, unless expressly approved in writing by THE ENTITY.
THE ENTITY does not grant any license or approval of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and under no circumstances will it be understood that users' browsing access implies a renunciation, transmission, license or total or partial assignment of said rights by THE ENTITY.
Any use of these contents not previously approved by THE ENTITY will be considered a serious breach of the rights of intellectual or industrial property and will lead to the legally established responsibilities.
8. Responsibility and Guarantees
THE ENTITY is not responsible for the information, files or any other content posted by users, nor does it review or validate the contents that Users decide to send, so THE ENTITY will not be responsible, directly or indirectly, or subsidiarily, for the damages and damages of any nature derived from the communications made or contents included in the Website.
THE ENTITY does not grant any guarantee and is not responsible, in any case, for any damages of any kind that may arise from the use of the Website by Users.
Consequently, THE ENTITY does not guarantee that the use that Users may make of contents and services that may be included in the Website, comply with these General Conditions, or that they do so diligently. THE ENTITY can not guarantee the identity of any other User of the Website.
The Users might reach agreements using the Website. THE ENTITY is not responsible of obligations arising from such agreements. In the event that a User does not meet the obligations that arise from agreements reached within the Website, THE ENTITY will not be held responsible and will not guarantee any type of reimbursement or compensation to any of the Users involved in the agreement.
THE ENTITY reserves the right to request and view account and content publication insights before transferring funds to a user, on behalf of payments made for secure collaborations. In the event of non compliance with agreement terms or suspected fraudulent statistics provided by a user, THE ENTITY reserves the right to withhold secure payments on behalf of the counter party.
THE ENTITY reserves the right of admission and exclusion of its Website at its own discretion.
Specifically, any User who does not comply with the rules contained in this condition or make inappropriate use of the Website may be excluded from it.
In this sense, THE ENTITY reserves the right to temporarily suspend or indefinitely expel a User from the Website in case of knowledge of complaints, claims or complaints properly substantiated by another user, as appropriate.
THE ENTITY reserves the right to:
1. Delete, suspend, edit or modify the content of the Website at its sole discretion, including, among others, publications of the User, at any time, without prior notice and by any reason.
2. Remove, suspend or block any use made by the User of the Website.
3. Remove, in exceptional cases, the permissions on the account of User when it is detected that the use you are making of it | may be contrary to the security parameters set by THE ENTITY.
THE ENTITY also reserves the right to read, preserve, disclose and access any information it deems reasonably necessary to:
Comply with the applicable legislation or any requirement or | judicial or governmental request.Enforce these General Conditions, including | investigation of potential infractions to them.Detect, prevent or manage fraud, security or | technical.Respond to requests for assistance to the User.
Protect the rights, property or safety of THE ENTITY and its Users
Suspension and cancellation of services
THE ENTITY may suspend temporarily and without prior notice, the accessibility to the Website due to maintenance, repair, updating or improvement operations.
Especially, THE ENTITY reserves the right to eliminate, limit or prevent access to its Website when technical difficulties arise due to events or circumstances beyond THE ENTITY that, in its sole discretion, reduce or cancel the standard security levels adopted for the proper functioning of the Website.
THE ENTITY is not responsible for the lack of availability, maintenance and effective operation of the Website, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or continuity of the Website's operation.
THE ENTITY neither assumes responsibility for the cancellation or suspension of services on the Website for reasons that are not attributable to it.In any case, THE ENTITY is committed to solving any problems that may arise and to offer all the necessary support to the User to arrive at a quick and satisfactory solution of the incident.
Suspension and cancellation of services
The ENTITY reserves the right to cancelation and total refund of a Professional subscription if the client company doesn't show intent to correctly use the Moonio platform for management of influencer marketing campaigns.
You may cancel the Services at any time, with or without cause. You understand and accept that by cancelling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the subscription; iii) you may lose access to and use of your keys or passwords and any Services.
There will be no refunds or credits for partial use of Service, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond THE ENTITY control. In order to treat everyone equally, no exceptions will be made.
Downgrading your Service may cause the loss of content, features. THE ENTITY does not accept any liability for such loss. THE ENTITY reserves the right to suspend or terminate your access to the Services for nonpayment. If your Subscription is terminated for any reason, you are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased on monthly basis. THE ENTITY may recover such payments due and in that case you will bear all the expenses related to such recovery or/and debt collection.
THE ENTITY is not responsible for cases of force majeure, such as failure, suspension or interruption of services or use of the Website, as a result of blocking the Internet network, actions or omissions of third parties, or any other causes or circumstances independent of the will of THE ENTITY that prevent the normal use of the Website.
The Website may contain hyperlinks that allow the User to access platforms or websites of third parties. THE ENTITY does not assume any responsibility for the content, information or services that may appear on these platforms, which shall be understood to be offered exclusively by THE ENTITY for information purposes, and which in no case imply any relationship, acceptance or endorsement between THE ENTITY and the persons or entities holding such content or owners of the sites where they are located.
9. Duration and Modification
The conditions that are published at the moment in which the User accesses THE ENTITY Website are understood as valid.
If any provision of these General Conditions is declared inapplicable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining conditions and obligations remain in full force and effect and must be complied with.
THE ENTITY may delete, modify or substitute the contents of this document at any time, publishing or sending a notification through the Website or by email.
10. Jurisdiction and applicable legislation
These Terms and Conditions are subject to Spanish legislation. For the resolution of any dispute that may arise, the parties, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the city of Biscay.