Terms of use

These Terms of Use contain the terms under which ONSANITY SOLUTIONS S.L. provide their SmartDelphi Services to you and describe how the Services may be accessed and used.

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.

1.PRIVACY

1.1. Privacy.

In the course of using the Services, you may submit content to SmartDelphi (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. SmartDelphi Privacy Policy detail how we treat your Content and we agree to adhere to those SmartDelphi privacy policies. You in turn agree that SmartDelphi may use and share your Content in accordance with the SmartDelphi privacy policies and applicable data protection laws

1.2. Confidentiality.

SmartDelphi will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the SmartDelphi privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by SmartDelphi); (b) was lawfully known to SmartDelphi before receiving it from you; (c) is received by SmartDelphi from a third party without knowledge of breach of any obligation owed to you. SmartDelphi may disclose your Content when required by law or legal process, but only after SmartDelphi, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.

1.3. Security.

SmartDelphi will store and process your Content in a manner consistent with industry security standards. SmartDelphi has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.

If SmartDelphi becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), SmartDelphi will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. SmartDelphi will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by SmartDelphi.

2. YOUR CONTENT

2.1. You Retain Ownership of Your Content.

You retain ownership of all of your intellectual property rights in your Content. SmartDelphi does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

2.2. Limited License to Your Content.

You grant SmartDelphi a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the SmartDelphi privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of SmartDelphi’s business. If you provide SmartDelphi with feedback about the Services, we may use your feedback without any obligation to you.

2.3. Customer Lists.

SmartDelphi may identify you (by name and logo) as a SmartDelphi Services. Any goodwill arising from the use of your name and logo will inure to your benefit.

2.4. Copyright Claims.

Onsanity Solutions S.L. responds to notices of alleged copyright infringement. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may contact us.

2.5. Other Intellectual Property Claims.

SmartDelphi respects the intellectual property rights of others, and we expect our users to do the same. If you believe a SmartDelphi user is infringing upon your intellectual property rights, you may report it to us.

3. SMARTDELPHI INTELLECTUAL PROPERTY

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by SmartDelphi’s Brand and Trademark Use Policy, these Terms do not grant you any right to use SmartDelphi’s trademarks or other brand elements.

4. USER CONTENT

4.1. User Content.

The Services display content provided by others that is not owned by SmartDelphi. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. SmartDelphi is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

4.2. Content Review.

You acknowledge that, in order to ensure compliance with legal obligations, SmartDelphi may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, SmartDelphi otherwise has no obligation to monitor or review any content submitted to the Services.

5. ACCOUNT MANAGEMENT

5.1. Keep Your Password Secure.

If you have been issued an account by SmartDelphi in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not SmartDelphi, are responsible for any activity occurring in your account (other than activity that SmartDelphi is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify SmartDelphi immediately. Accounts may not be shared and may only be used by one individual per account.

5.2. Keep Your Details Accurate.

SmartDelphi occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.

5.3. Remember to Backup.

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, SmartDelphi will not be liable for any failure to store, or for loss or corruption of, your Content.

5.4. Account Inactivity.

SmartDelphi may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1. Disclaimers.

While it is in SmartDelphi’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND SMARTDELPHI DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

6.2. Exclusion of Certain Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SMARTDELPHI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SMARTDELPHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.3. Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF SMARTDELPHI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO ONSANITY SOLUTIONS S.L. FOR USE OF THE SERVICES.