TERMS OF USE

General Terms of Use

This website is operated by INNOLOGY VENTURES, S.L. (‘INNOLOGY’, ‘we’, ‘us’ or ‘our’). Your use of our products, services, software, applications and web sites (referred to collectively as the ‘Services’) is subject to the following terms and conditions (‘General Terms of Use’), which form a legal agreement between you and us. These General Terms of Use apply to INNOLOGY and/or its subsidiaries or affiliated companies and the Services offered by those subsidiaries or affiliated companies.

Some of our Services may include additional terms and conditions (‘Additional Terms of Use’). When additional terms and conditions apply to our Services, these will be accessible for you when using those Services. In the case where ‘Additional Terms of Use’ apply, your use of our Services will be subject to the ‘General Terms of Use’ and the ‘Additional Terms of Use’, forming together a legal agreement between you and us. In the case of any contradiction between the ‘Additional Terms of Use’ and the ‘General Terms of Use’, the former shall take precedence in relation to the Services affected.

Your agreement to our General Terms of Use

In order for you to use the Services, you must first agree to the General Terms of Use. You may not use the Services if you do not accept the General Terms of Use.

You can accept the General Terms of Use by:

(1) clicking to accept or agree to the General Terms of Use, where this option is made available to you by us in the user interface for any Service; or

(2) by actually using the Services. In this case, you understand and agree that we will treat your use of the Services as acceptance of the General Terms of Use from that point onwards.

You may not use the Services and may not accept these General Terms of Use if, under the jurisdiction in which you are resident or the jurisdiction in which you use the Services, you are (a) not of legal age to form a binding contract with us, or (b) a person barred from receiving the Services.

Before you continue, you should print off or save a local copy of the General Terms of Use for your records.

Provision of the Services

We may have subsidiaries and affiliated legal entities around the world (‘Subsidiaries and Affiliates’). Sometimes, these companies will be providing the Services to you on our behalf. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

We are constantly innovating in order to provide the best possible experience for users of the Services. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

You acknowledge and agree that while we may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service such fixed upper limits may be set by us at any time, at our discretion.

We shall, without liability to you or any third parties, reserve the right to modify the Services with or without notice to you. If you object to any such changes, your ceasing to use the Services shall be your only remedy. Your continued use of the Services following any notice of such modifications shall indicate your agreement to the modifications and satisfaction with the modified Services.

Use of the Services

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to us will always be accurate, correct, and up to date.

You agree to use the Services only for purposes that are permitted by (a) the General Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the relevant jurisdictions).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with our instructions in connection with the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the General Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

Our liability

Subject to overall provision in ‘Warranties’ in this agreement, you expressly understand and agree that we, our subsidiaries and affiliates, and our licensors shall not be liable to you for:

(1) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(2) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

a) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

b) any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

d) your failure to provide us with accurate account information;

e) your failure to keep your password or account details secure and confidential;

The limitations on our liability to you set out above shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

Content and feedback

‘Content’ means material (including without limitation text, images, audio material, video material, and audio-visual material) that you may send or have access to when using the Services, for whatever purpose; and

‘Feedback’ means any ideas, thoughts, criticism, suggested improvements, or feedback on the Services you may send us.

You:

(1) will be entirely responsible for each individual item of Content that you post through the Services;

(2) retain ownership and any intellectual property rights in the Content you post or otherwise make available through the Services; and

(3) grant to us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute Content and Feedback in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

If you provide us with Feedback you shall permit us to use it to modify the Services or create new Services and you shall not be entitled to any payment or compensation, including royalties relating to any services that incorporate Feedback.

Your Content and Feedback must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any Content or Feedback via the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. We reserve the right to edit or remove any material submitted via the Services, or stored on our servers, or hosted or published via the Services. Notwithstanding our rights under these terms and conditions in relation to Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

(1) the availability or accuracy of such websites or resources; or

(2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or on any of the Services, in violation of any applicable laws or regulations.

Copyright infringement

It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. Please report any copyright infringements to legal@opinator.com.

Rights

You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.

Unless you have agreed otherwise in writing with us, nothing in the General Terms of Use gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by us, you agree that in using the Services, you will not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

The software contains material protected by international Copyright Laws and international treaty provisions. Title, ownership, rights, and intellectual property rights in and to software shall remain with us.

Privacy

For information about our data protection practices, please read our privacy policy at https://web.opinator.com/privacy-policy. This policy explains how we treat your personal information when you use the Services. You agree to the use of your data in accordance with our privacy policies.

Disclaimers

Indemnity

You shall indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these General Terms of Use, or arising out of any claim that you have breached any provision of these General Terms of Use, or any use or misuse by you of the Services.

Warranties

Nothing in these terms shall exclude or limit our warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

You expressly understand and agree that your use of the Services is at your sole risk and that the services are provided ‘as is’ and ‘as available.’

In particular, we, our subsidiaries and affiliates, and our licensors do not represent or warrant to you that:

(1) your use of the Services will meet your requirements,

(2) your use of the Services will be uninterrupted, timely, secure or free from error,

(3) any information obtained by you as a result of your use of the Services will be accurate or reliable, and

(4) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in these General Terms of Use.

We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Release

To the maximum extent permitted by applicable law you release us from any liability relating to:

(1) incorrect or inaccurate Content transmitted via the Services, whether transmitted by users or the users’ equipment used to access the Services;

(2) any loss or damage caused by Content transmitted via the Services between Users, whether online or offline; and

(3) any error, omission, interruption, deletion, defect, delay in operation or transmission, any failure of communication lines, theft or destruction of, or unauthorized access to or alteration of the Services.

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode, and extent of advertising by us on the Services are subject to change without specific notice to you.

Termination

The General Terms of Use will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use, where we have made this option available to you. Your notice should be sent, by e-mail, to legal@opinator.com.

We may at any time, terminate this agreement with you if:

(1) you have breached any provision of the General Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the General Terms of Use); or

(2) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(3) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; or

(4) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(5) the provision of the Services to you by us is, in our opinion, no longer commercially viable.

Nothing in this section shall affect our perpetual rights, especially regarding Content, under the terms of this agreement.

When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the General Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

General

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. If so, our General Terms of Use do not affect your legal relationship with these other companies or individuals.

You acknowledge and agree that each member of the group of companies of which we are the parent shall be third party beneficiaries to the General Terms of Use and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the General Terms of Use which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the General Terms of Use.

Void where Prohibited

Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered may be available to all persons or in all geographic locations, or appropriate or available for use in certain geographic areas. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made in the Services is void where prohibited. If you choose to access the Services from a certain geographic area where any feature or service is prohibited, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Notice

You agree that we may provide you with notices, including those regarding changes to the General Terms of Use, by email or postings on the Services.

Violations

Please report any violations of these General Terms of Use to legal@opinator.com.

Governing law and jurisdiction

The General Terms of Use, and your relationship with us under the General Terms of Use, shall be governed by the laws of Spain without regard to its conflict of law provisions.

Dispute resolution

You and we agree to submit to the exclusive jurisdiction of the courts located within Madrid to resolve any legal matter arising from the General Terms of Use. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Language

Where we have provided you with a translation of the English language version of the General Terms of Use, then you agree that the translation is provided for your convenience only and that the English language version of the General Terms of Use will govern your relationship with us.

If there is any contradiction between a translation of the General Terms of Use, then the English language version shall take precedence.

Entire Agreement

The General Terms of Use constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.

Waiver

You agree that if we do not exercise or enforce any legal right or remedy which is contained in the General Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

Severability

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these General Terms of Use is invalid, then that provision will be removed from the General Terms of Use without affecting the rest of the General Terms of Use. The remaining provisions of the General Terms of Use will continue to be valid and enforceable.

Changes to the terms

We may make changes to the General Terms of Use from time to time. The latest version of the General Terms of Use shall be available at https://web.opinator.com/previous-versions/, where you shall also have access to any previous versions.

You understand and agree that if you use the Services after the date on which the General Terms of Service have changed, we will treat your use as acceptance of the updated General Terms of Use.

Miscellaneous

No course of conduct between us and you or any other party may be deemed to modify any provision of these General Terms of Use.

These General Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Contacting Us

Please e-mail us if you have any questions or concerns about the Services or about the General Terms of Use at legal@opinator.com

Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

Updated June 9, 2021

Last revision September 20, 2024