RESTB.AI TERMS OF SERVICE  & PRIVACY POLICY

 

1. Acceptance and Updating of the Terms of Service.

These Terms and Conditions (“Terms of Service”, “Terms” or “Agreement”) are entered into, by and between you and MERCURIO PLATFORM, S.L., a Spanish company with offices at C/ Doctor Auguet Canonge 85, 3º 2ª (08840) Viladecans, Barcelona, Spain with tax number ESB66397175 (“Restb.ai” and/or “we” and/or “us”), regarding its services as described in Section 2 of this Terms of Service  and in the Commercial Terms agreed (“Services”). These Terms and the Commercial Terms govern your access to and use of www.restb.ai (the “Website“), including any content, functionality and services offered on or through the Website. Restb.ai is a trademark of MERCURIO PLATFORM, S.L.

BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU ACCEPT THE COMMERCIAL TERMS AGREED AND THESE TERMS OF SERVICE WITH ITS EXHIBITS, PRIVACY POLICY AND ANY ADDITIONAL TERMS AND CONDITIONS REFERENCED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES. THE COMMERCIAL TERMS AGREED WITH YOU IN PARTICULAR IN A SEPARATE FORM OR DOCUMENT SHALL PREVAIL TO THESE TERMS OF SERVICES IN CASE OF CONFLICT OF INTERPRETATION.

These Terms may be agreed in a paper form within a contract signed between You and Restb.ai or by contracting our Services online. You declare that you have the legal age to enter into this Agreement and that are fully competent and capable. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the power to bind such entity. In that case, the terms “you” or “your” shall also refer to such entity.

We reserve the right to update and revise the Terms at any time, to ensure they reflect developments in the law and our business operations and offer. Any new features or tools that are added to the current Services shall also be subject to these Terms. If we do update the Terms, we will notify you in the Website by posting a notice next time you log into the Services.

If you have any questions about the Terms or any of our other policies, please contact us at info@restb.ai.

 

2. Services.

 

Restb.ai uses advanced Artificial Intelligence algorithms and tools for processing and understanding images which automatically tag property photos with details specific to the particular object and industry. The Services can be used for all industries, however, are typically used for the industries of real estate, sale of cars, ecommerce shops, websites managing large amounts of images, monitoring and surveillances, among others. The Services provided by Restb.ai include the following “View Models”:

  • Optimize images for search engines by using detailed tags in the images title and descriptions.
  • Detailed tagging to know exactly what content converts better.
  • Artificial Intelligence which automatically classifies the different home rooms/scenes.
  • Filter listings by image content.
  • Specialized Image Recognition technology which detect logos and watermarks to either block or charge the provider for using it.

The Services provided by Restb.ai are ready to be used, trained and deployed in Cloud. These Services may be hired jointly (comprising all View Models), or separately. Nonetheless, we can provide a period of time to prepare, test and train the different View Models in line with your needs.

For the provision of the Services and as part of the Services, Restb.ai uses a Cloud Image Recognition API (called “Restb.ai API”). For API access, you will need to use your CLIENT_KEY as Access Keys that permit you to access Restb.ai API Cloud Service. The CLIENT_KEY must be kept confidential and may be revoked if you share them with any third party (other than as allowed under this Agreement), if they are compromised, if you violate any of these Terms, or if Services to You are terminated for any reason. The number of API calls you will be permitted to make during any given period may be limited. We will determine call limits based on various factors, including the ways your application may be used or the anticipated volume of use associated with your application.

Restb.ai is the owner and operator of the products, platforms, software, plugins, analytics and tools available at https://restb.ai (“Restb.ai API”), including certain cloud-based object recognition services, software development kits (SDKs), application program interfaces (APIs) and API calls, and any other content, program, software, application, libraries, content files, scripts, instruction sets, knowledge base, updates (including software maintenance, service information, help content or bug fixes), components, support services and any related documentation (“Restb.ai Property”).

Subject to your compliance with these Terms and the law, Restb.ai grants you a non-exclusive, non-transferable, and non-sublicensable (except as expressly permitted herein) license to use Restb.ai Services including Restb.ai API solely to enable your application to interact with the Services to send and retrieve information necessary to facilitate your permitted use of the Services through your application. We (and our licensors) remain the sole owner of all rights, titles, and interests of the Services. We reserve all rights not granted under these Terms. In addition, any content that we provide to you is licensed on a personal, non-sublicensable and non-exclusive basis, not sold to you. Our Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

We reserve the right to limit the access to our Services to any person, geographic region or jurisdiction in case there is any legal requirement or order in that regard. We reserve the right to change or update the descriptions or functionalities of the Services, to discontinue its offer or any part thereof, to decline renewals for the current contracts, accounts or subscriptions and to change its pricing terms at any time, at our sole discretion. Such changes would be done without retroactive effect and not breaching any existing contract signed with You. We will always make a reasonable effort to notify you before we make relevant changes to the Services, and we will give you a reasonable time to save your User Content (as defined in Clause 9).

 

3. Proper use of the Services

 

You agree to use the Services according to what is established in the present Terms, and not to engage in any of the following prohibited activities:

  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass, circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems, networks connected or servers running the Services;
  • copy, modify, host, stream, sublicense, or resell the Services;
  • enable or allow others to use the Services using your account information;
  • impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • use the Services to construct any kind of database or for any commercial solicitation purposes;
  • access or attempt to access the Services by any means other than the interface we provided or authorized;
  • reverse engineer or access the Services in order to (i) build a competitive software product providing a similar service, (ii) build a product using similar ideas, features, functions or graphics of the Services, or (iii) copy any ideas, features, functions or graphics of the Services;
  • frame or mirror any part or content of the Services;
  • upload or share any content that is illegal, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, part of a crime or illegal activity, violating anyone’s privacy, or hateful;
  • attempt to disable, impair, harm or destroy the Services;
  • use the Services to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, as well as any chain letters, or other unsolicited emails;
  • upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • publish anyone’s identification documents or sensitive financial information, or any personal information of third parties without their consent;
  • manipulate identifiers in order to disguise the origin of any of User Content;
  • upload, post, transmit, or otherwise make available any content, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
  • use any data mining or similar data gathering and extraction methods in connection with the Services;
  • collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above;
  • violate these Terms of Service; or

Restb.ai has no obligation to monitor any information on the Services. Nevertheless, you acknowledge that Restb.ai and its designees shall have the right (but not the obligation) to pre-screen, refuse, or remove any of User Content that is available via the Services. We may also review User Content transmitted through non-public mechanisms (such as non-public channels within the Services) where we deem appropriate, including for violations of the Terms or in response to a user complaint.

 

4. Account Registration and Information.

 

To use our Services, you are required to create an account. When you register, Restb.ai will ask you to provide certain contact and personal details, and we will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair Restb.ai’s ability to provide you with the Service. Your access to and use of the Services or aspects thereof are limited by your account type.

You are solely responsible for any activity that occurs through your account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account.

You are also solely responsible for maintaining the confidentiality of your login, password, and account information and for all activities that occur under your login or account, including any consequence resulting from your failure to do so. We are not liable for any damages or loss caused from any unauthorized account actions.

Please notify Restb.ai at support@restb.ai if you become aware of any unauthorized use of your account.

 

5. Purchases and Billing Information.

 

Restb.ai makes certain of its product features and subscriptions available for purchase (and, as the case may be, download) via www.restb.ai. If you choose to make a purchase via the Website, you will be asked to provide billing information such as name, company name, billing address, and credit card information either to Restb.ai or its third party payment processor. You agree to pay Restb.ai for all purchases (including all applicable taxes) made via the Services, and you hereby authorize the collection of such amounts by charging the credit card or other payment method provided as part of your order, either directly by Restb.ai or indirectly, via a third party online payment processor. Restb.ai may also disable access to the Services in the event you fail to make all payments due. If you are directed to Restb.ai’s third party payment processor, you may be subject to the terms and conditions governing use of that third party’s service and that its privacy policy. Please review such third party’s terms and conditions and privacy policy before using those payment services. Notwithstanding anything to the contrary herein, all sales are final and there shall be no refunds except as required by law. Further, Restb.ai will not allow changes to Restb.ai API subscriptions without renewing the Service Order (as defined below).

In the event that Restb.ai suspends or terminates your account or this Agreement due to your misuse of the Services, you understand and agree that you shall receive no refund or compensation from Restb.ai for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Fees and Invoicing: You agree to pay to us the amounts agreed in the Commercial Terms, in some of the ways set out below:

  • Monthly flat rate: You agree to pay a monthly flat rate, and will be entitled to a limited number of API requests, per month.
  • Monthly volume: You agree to pay minimum monthly fees, and will be entitled to a certain number of API requests, per month. Should you exceed such API requests threshold, Restb.ai will charge extra fees, based on the API requests made.
  • Pay per request: You agree to pay fixed fees per each API request.

We charge and collect the subscription fees for use of the Services in advance. On periodic renewal (monthly or annual), you will be charged at the then current Service Order price, unless otherwise agreed in writing with us. Except as expressly set out herein, fees are non-cancellable and non-refundable.

In the event that we have agreed to provide a period of time to prepare, test and train the different view models, Restb.ai will charge to You a set-up fee for the provision of those services.

We will issue invoices for any one-off payment and/or subscription fees upon acceptance and execution of the paper or online Service Order and in the subsequent billing periods.

 

Payment: Unless stated in the Service Order, payment is made by credit card payment or direct debit, however, the parties may agree on another payment method such as a bank transfer. In addition to the termination provisions elsewhere in the Terms, we reserve the right to suspend or terminate this Agreement and access to the Services if you do not pay in timely manner or if you cancel the credit card payment. You warrant you provide us with valid and updated credit card information and you authorize us to charge such credit card for all Services set out in the Service Order for the initial subscription term and renewal subscriptions until termination. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Disputes: If you dispute any charges you must let us know within fifteen (15) days after the date that the charge was incurred. All amounts paid are non-refundable, and we reserve the right to change our prices in the future. If we increase our prices for your service plan, we will provide notice of the change to you at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed prices. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

Taxes: You must pay any applicable taxes, and any applicable third-party fees (including, for example, telephone charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). In the event any withholding taxes are imposed by any governmental authority of a foreign jurisdiction on any payments due to Restb.ai, you shall bear all such withholding taxes such that the actual amount received by Restb.ai is the amount stated in the invoice to you. We will invoice you for such taxes if we believe we have a legal obligation to do so and you agree to promptly pay such taxes if so invoiced.

 

6. Availability and Quality.

 

Although the Services may be accessible worldwide, this does not mean all Services are available for offer in your country, or that all Services, or content contained therein, are legal in your country. We may block access to certain Services (or certain features or content thereof) at any time for any reason. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

For the correct provision of the Services, you must provide to Restb.ai an estimate of the monthly Services requests for an optimal Services provision by Restb.ai.

We make no warranties with respect to free evaluation use. With respect to paid subscriptions, we warrant that (i) we shall provide and perform the Services in a workmanlike manner and with professional diligence and skill standard in the industry; and (ii) the Services shall conform substantially to its technical specifications and our knowledge base at the Website. We do not warrant that the quality of any of our Services, products, information, or other material purchased or obtained by you will meet your expectations, nor make any warranty as to the results that may be obtained from the use of the Services.

We do not warrant that the Services will be uninterrupted or error free. Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services, including pricing information, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated.

Restb.ai shall not be liable for the accuracy of the Services such as: (i) the words used to tag the images title and descriptions; (ii) the specific order classification of the different homes scenes; (iii) the correct detection of logos and watermarks; or (iv) any error related to them.

 

7. Support.

 

We will provide email support to paying subscribers (our office hours are 09:00-18:00 CET, Mon-Fri, except holidays in Barcelona, Spain) for any difficulties or issues raised with respect to the use of, access to, or invoicing and payment for the Services. Non-paying users do not have access to our email support system. Due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure, equipment malfunction, power failures, hostile attacks, etc.), the Services may be temporarily suspended or affected.

We shall use our best commercially reasonable efforts to correct any issues and minimize any disruption, inaccessibility and/or inoperability of the Services, whether scheduled or not. We usually provide forty-eight (48) hours advance notice to you in the event of any scheduled downtime. In the event of any downtime, you shall not be entitled to any reduction of any payments for such period unless the downtime equals or exceeds five (5) consecutive working days or an aggregate of five (5) working days in any calendar month, in which case paying clients shall be entitled to a pro-rata reduction as their sole and exclusive remedy for such downtime.

 

8. User Content.

 

Any data or content you give us, transmit or otherwise make available, including files you upload, comments or edits you make on files, profile information and anything else you enter or upload into the Services will be considered as “User Content”. You retain all rights and ownership of such User Content, and you are solely responsible for its accuracy, appropriateness, legality and for the consequences of submitting or posting User Content.

Restb.ai does not control or endorse the content or data contributed by You. We make no claims or representations regarding any content we do not create. Unless explicitly stated, we do not endorse or have any associations with third-party sites or resources that we may link to on the Services. Restb.ai shall not be liable for the lawfulness, accuracy, integrity or quality of such User Content, neither its officers, nor agents, employees, licensors, users, suppliers, holding companies, subsidiaries, affiliates or related companies. We are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations constituting User Content, and we specifically disclaim any liability in connection therewith.

You acknowledge that User Content may be transmitted or handled in an unencrypted manner if You use unencrypted gateways to connect to the Services. While Restb.ai takes measures to ensure that information is transmitted using reasonable security measures, it does not guarantee that those transmissions will be encrypted. You acknowledge that you are solely responsible for adequate security protection and backup of User Content. Restb.ai shall have no liability to you for any unauthorized access or use of any of User Content or any corruption, deletion, or destruction of any of User Content.

License to User Content: We require certain licenses from You, as set forth in these Terms, in order to operate and enable the Services. Your acceptance of the Terms gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers in the operation and administration of the Services, and the rights granted to us are extended to these third parties to the degree necessary. You further authorize us to use on the Website or other websites and for our marketing, your company name and corporate trademark, linking to your website, for the purpose of publishing the fact that you are a user of these Restb.ai Services. In addition, You also agree that You will consider in good faith participating in and consenting to any press release of Restb.ai relating to your use of our technologies and Services. We will not release or publish information about You without your prior approval.

Restb.ai Access: We will not access, view, approve or monitor any User Content, except as set forth in these Terms and as reasonably necessary to perform the Services. Surveillance actions maybe necessary to perform the Services may include (but are not limited to): (i) responding to support requests; (ii) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (iii) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without any prior notice or further obligation to You.

As for the lodging of data in the servers, Restb.ai uses the services of Amazon Web Services, Inc. Any errors or failures in the availability of Amazon’s servers will be governed by the Service Legal Agreement (SLA) of Amazon, which you hereby accept and can be read at https://aws.amazon.com/es/ec2/sla.

Warranty and Indemnification Obligations.

By registering for the Services and uploading User Content or any other content to the Services, you agree that you have: (i) all necessary licenses and permissions, to use, submit, or share such Content; and (ii) the rights necessary to grant the licenses referred to in these Terms.

You also represent that such User Content and your other activities in connection with the Services, and Restb.ai’s exercise of all rights and licenses granted by you in the Terms, do not and will not violate or infringe the provisions in Clause 3 (Proper use of the Services).

You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, liabilities, loss, expenses or damages, including without limitation reasonable attorneys’ fees, arising out of or related to your User Content, or any other content to the Services, your use of the Services, or your violation of these terms.

 

9. Warranty and Liability

 

Except as expressly set out herein, the Services are provided “AS IS” and “AS AVAILABLE” and without warranty of any kind. To the maximum extend permitted by law, Restb.ai disclaims all representations and warranties, express or implied, relating  to the Services, or any content or data on the Services, whether provided or owned by Restb.ai or by any third party, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus and any implied warranty arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed.

 

No representation, including, without limitation, statements regarding capacity, suitability for use or performance of the Services whether made by Restb.ai’s employees, agents, representatives or otherwise, which is not contained in this Terms, will be deemed to be a warranty by Restb.ai for any purpose, or give rise to any liability of Restb.ai whatsoever.

Restb.ai does not represent or warrant that: (I) the Services or the results of using the Services will meet your requirements or expectations, (II) the Services will be uninterrupted, timely, secure or error-free; (III) the Services will be accessible at any time or at all times via the channel selected or used by You; (IV) the results that may be obtained from the use of the Services will be accurate or reliable; (V) any errors in Restb.ai’s platform or the Services will be corrected; or (VI) the contract accessible via the Services is accurate, complete, available, current, free of viruses or other harmful components.

 

To the fullest extent permitted by Law, in no event will Restb.ai or anyone representing Restb.ai, including any employee, agent, representative or third party provider, be liable to You under contract, tort, strict liability, negligence or any other legal or equitable theory, for: (A) any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory or consequential damages of any kind whatsoever resulting from: (I) Your access to, use of, or reliance on any content or services provided through the Services,; (II) any unauthorized access to or use of the Services and/or any and all personal information and/or financial information stored therein by; (III) any interruption or cessation of transmission to or from the Services, or (IV) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services or (B) any direct damages (in the aggregate and as a total amount) in excess of the fees paid to Restb.ai for the three-month period preceding the event giving rise to the liability. The parties agree that the amounts stated herein are fair under the circumstances and that the Service prices were agreed taking into account this limitation of liability.

 

These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not Restb.ai was advised of the possibility of such damages.

 

10. Restb.ai Intellectual Property.

 

Except as otherwise provided herein, the Services and all content appearing thereon are the exclusive property of Restb.ai or our licensors and are protected by international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Services (collectively the “Marks”) are proprietary to Restb.ai, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.

Scraping the Services or using other automated or manual means to take our content is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Services, please contact us at info@restb.ai

 

11. Term/Termination.

 

These Terms shall commence on the date that You accept them in paper form or online. Your account shall remain activated and in force for the term indicated in the Restb.ai API confirmation email. The initial term will thereafter be renewed for similar periods unless the account is terminated by you as per below.

Restb.ai Right to Terminate:

  • Free trial Accounts: We reserve the right to suspend, block, prevent access to, cancel or otherwise terminate any free accounts with or without cause, in our sole discretion.
  • Paid subscriptions: We may terminate at any time providing at least thirty (30) days’ prior notice to you or not renewing the subscription at the end of its agreed period without any necessary prior notice.

We also reserve the right to limit or prohibit without notice and with immediate effects all activity, including orders or registrations that, in our sole judgment, appear to be malicious or unlawful. We may also suspend or cancel your account/s immediately without notice, in case of breach of these Terms or committing any illegal action or misuse of the services. In the event of termination, your obligations and liabilities under these Terms will still continue.

Your Right to Terminate: You can terminate your Agreement and/or account by providing a sixty (60) days’ prior written notice of non-renewal before the expiration of the current period. However, any license granted by you under these Terms shall survive even after your account has been terminated. Termination is automatic upon the expiration of the free “evaluation” period if you have not upgraded to one of the paid account options. Notwithstanding the foregoing, any outstanding payment obligations, and any restrictions, reservations of rights, confidentiality or liability as set forth herein shall remain in full force and effect upon the termination of this Agreement.

 

12. Privacy Policy

 

In registering for the Service and through use of the Service by You and your end users, you and/or they may submit to our systems any User Content containing personal data (“Your Data”), including photographs, images or any metadata, within a Restb.ai database. Under applicable privacy regulations, you are responsible for Your Data and you are what is know under privacy regulation as the “data controller”. You appoint us as a data processor of Your Data, to process Your Data on your behalf (“Data Processor”), for the purpose of providing the Service.

Our obligations as Data Processor: As Data Processor on your behalf, we shall (a) implement appropriate technical and organizational measures to safeguard Your Data against any unauthorized or unlawful access, loss, destruction, theft, use or disclosure; we implement basic security measures set out in Spanish Royal Decree 1720/2007 and no higher level measures are available for the Service; (b) limit access to Your Data only to those employees who need to know it to enable us to perform the Services, and shall take appropriate steps to ensure the reliability of those of its employees or subcontractors who have access to Your Data; (c) only process the personal data as specified by these Terms and in accordance with your instructions, and (d) will not use Your Data for any purposes other than those related to the performance of the Services or pursuant to your written instructions. Upon the expiry or termination of this Agreement or de-registration, or upon request of the Customer, Restb.ai shall cease any and all use of Your Data and will destroy or return it to you. We will not disclose Your Data to any third party without your prior written consent of the Customer, except as part of performing the Services for your end users.

Subcontracting: As a Data Processor, we may provide access to a subcontractor processor to Your Data if we reasonably consider such access and processing necessary to the performance of the Services. In the event of such access and before the access takes place, we shall ensure that an agreement with the third party is in place which is sufficient to require it to treat personal data in accordance with the applicable provisions of this Agreement and applicable. You authorise us to subcontract such processing in your name, our current sub-processors, being Amazon Web Services, Inc. (with servers in the EU and in the USA), for the purpose of delivering your content (images and metadata) to your end-users using their global Content Delivery Network.

Assistance: We shall provide you with reasonable assistance in the event that you receive a request from an individual or regulator under data protection laws, provided that You comply with privacy and data protection laws and provided that You shall first use all reasonable endeavors to resolve the request without our assistance. We shall promptly notify you of any such request received that should properly have been addressed to you.

Your Warranties: You warrant that you have all the appropriate consents from data subjects whose personal data are submitted to us by You or your end-users in the course of the provision of the Service, including consent to the transfer and processing of Your Data to and in the United States by the subcontractor mentioned above. You will indemnify and keep us harmless from all claims, damages and losses we may suffer relating to or arising out of the processing of third party personal data submitted to our systems during the course of the provision of the Service.

Prohibited data: In all events, it is forbidden to submit to us or upload to the Restb.ai Cloud Service any data that contains sensitive data (according to Spanish Privacy Law 15/1999 as detailed in this unofficial English language translation available at: http://mediterjuridico.es/wp-content/uploads/pdf/lopd/Ley_Orgnica_15-99_ingles.pdf?3174ab) that relates to identifiable persons such as: your and or third party’s racial origin, membership in a trade union, religion, ideology and sexual life, your and or third party’s health; or your and or third party’s relative to the commission of criminal offences or proceedings and associated penalties or fines.

 

13. Confidentiality.

 

Any information marked “confidential”, or which may reasonably be supposed to be confidential, including, without limitation, information contained in or input into the Services, shall not without our prior written consent be used except for the purposes of this Agreement, nor disclosed to any person other than to employees or agents who have a need to know.

Restb.ai will take reasonable precautions to maintain the confidentiality of your confidential information with the same degree of care as to Restb.ai’s own information, but in no case less than reasonable care. Upon termination of this agreement, Restb.ai will use commercially reasonable efforts to delete all copies of your confidential information that is stored on our system, except for retaining data for legitimate business purposes or as required under the applicable laws, including but not limited to account settling, record keeping, archiving and legal issues under tax related requirements

 

14. Applicable Law and Jurisdiction:

 

These Terms and the Commercial Terms shall be governed by and construed in accordance with the laws of Spain. Any dispute arising under these Terms and Commercial Terms shall be subject to the exclusive jurisdiction of the Courts of the city Barcelona, Spain.

 

15. Severability.

 

If any part of these Terms or the Commercial Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

 

16. Entire Agreement.

 

These Terms and the signed Commercial Terms constitute the entire agreement between you and Restb.ai and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

 

17. Miscellaneous.

 

We are not liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure, or degradation.

We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If a party does not enforce any part of these Terms, it does not mean such party gives up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, a party must provide the other with written notice of such waiver.

To the extent permitted under applicable law, You agree that regardless of any statute or law to the contrary, any claim or cause of action by You related to the Services or the Terms or Commercial Terms must be filed within one (1) year after the event being the cause for such claim or cause of action occurred or such claim or cause of action be forever barred.

 

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