Terms and Conditions
Everything you should know about our services
Terms and Conditions of use from Debit2Go
1. Debit2Go Services Agreement
This document is a legal agreement between SSTRATEGY A FINTECH COMPANY S.L. (hereinafter “SSTRATEGY”), with NIF B-81158206 and tax domicile in Madrid, in at 3 Andrew Tamayo Street, C.P. 28028; and you or your End Users for the use of Debit2Go: Digital Subscription Platform (hereinafter, “D2G”, the “Service” or the “Platform”) and services delivered in connection therewith.
This agreement contains important limitations on the representations, warranties, conditions, remedies, and liabilities that apply to the Service, so it is essential that you read the entire agreement in detail.
When you register on the Platformand use the Platform and its services for 15 consecutive days you will be accepting these Terms and conditions.If you are an agent or authorized person in the company associated with the use and operation of this Platform, then you can sign this contract, if your powers allow you to do so.
This contract becomes effective between you or your Company with SSTRATEGY from the date of acceptance or effective date.
2. Glossary and definitions:
Purchaser:Company that provides payment gateway service.
Grouping or Grouping of Planes: Web page generated by D2G in which several Subscription Plans are published for joint disclosure.
Chargeback: When a subscriber claims the retrocession of funds that have previously been charged by card by a D2G User. This claim is initiated by the subscriber through their financial institution, normally because the Company that has collected the funds does not agree to return said funds voluntarily. See Return or voluntary return in this same section.
Consumer:See End Client.
Client: natural or legal person, also referred to as the “Company” or the “User”, that markets, manages and/or charges Subscription Plans through D2G in accordance with these Terms and conditions of use.
Final client: natural or legal person, also referred to as the “Consumer”, the “Subscriber” and/or the “End User”, who is in turn a client of the Client. It is the person who benefits from the products and/or services offered by the Client through D2G.
Client data: All data that you as a Client upload to the Platform during the use of the Service.
Debit2Go: Digital subscription plan management platform. Also referred to herein as “D2G”, the “Service” or the “Platform”.
Return or voluntary return: When a D2G User decides to return to a subscriber an amount that has been previously charged. See Chargeback in this same section.
D2G: See Debit2Go.
Payment gateway:Service that allows collections and payments to be made through a payment method, for example, by credit or debit card.
Plan or Subscription Plan: Commercial offer that defines the supply of a set of goods and/or services, which are not paid all at once, but in a series of periodic installments over time.
Platform: See Debit2Go.
Portal or subscription portal: Web page generated by D2G in which a Subscription Plan is published and from which it is possible to subscribe to said Plan.
Service: See Debit2Go.
SSTRATEGY: SSTRATEGY A FINTECH COMPANY S.L, company that owns Debit2Go.
End user: See End Client.
3. Scope of the agreement
The Service that SSTRATEGY provides is subject to these Terms and conditions of use. SSTRATEGY may modify this agreement at any time by posting a new agreement ondebit2go.com Idebit2go.app (the “Website”) and/or by sending a notification regarding this agreement update to the last email address you shared with D2G.
The revision of this agreement will become effective 30 days after its publication on the Website and/or sending the notification to the email account. Your continuity in the use of the Servicepast This period constitutes a declaration of acceptance of the updates to the agreement.
You are responsible for regularly reviewing any updates to the Terms and Conditions posted on the Website to allow for timely notice.
4. Eligibility to contract the D2G service
You will be able to register yourbusinesswithin D2G as long as: (1) it is registered, has headquarters, operates and provides its products/services in Spain, (2) it is correctly registered with the competent public administrations, (3) it is a legal activity not related to gambling, weapons, financial institutions, regulated or illegal substances, pornography, cryptocurrencies (4) or that the legislation applicable to the Client does not allow the marketing of its product or service through this medium.
D2G may decide to stop offering its Service to you ifyou can’t overcomeyour proof of fraud, even after you have registered on the Platform. In that case, D2G will contact you to inform you of the decision and immediately proceed to close your account.
5. Regulations on electronic commerce and payments
D2G complies with the European Payment Services Directive (EU-2015/2366), usually referred to as PSD2; and with all the guidelines, regulatory technical standards and technical execution standards derived from it. In particular, D2G complies with the Technical Standard that Regulates Strong Client Authentication and Open, Common and Secure Communication Standards (EU-2018/389), usually referred to as RTS SCA CSC by its acronym in English.
Finally, D2G complies with the Payment Card Industry Data Security Standard, commonly referred to as PCI DSS.
6. D2G service
6.1. What D2G does
Debit2Go is a digital subscription platform whose main functionalities are:
Provide a channel for the online sale of Subscription Plans. A Subscription Plan means the supply of a set of goods and/or services, which are not paid all at once, but in a series of periodic installments over time.
Create subscription portals, web pages generated from D2G through which to publish Subscription Plans or other goods and/or services that do not involve recurring payments.
Create Groupings of Plans, web pages generated from D2G that publish several Subscription Plans, so that they can be disclosed jointly.
Allow formalizing subscriptions to a Subscription Plan through its corresponding subscription portal or request additional information about said Plan.
Report the number of visits to the subscription portals and Groups generated with D2G.
Manage Plans, Portals, Groupings of Plans, subscribers, subscriptions and both recurring and one-off payments from one or more Companies.
If a payment method is configured, it transmits payment instructions, both recurring and one-off, to the corresponding payment gateway.
Allows you to make specific payments.
Notify subscribers by email about the status of their subscriptions.
Notify Users by email about the status of their Plans, Groups, subscribers and subscriptions.
Optionally, it allows you to return card charges and retry failed card charges.
Facilitates the issuance of invoices.
Log failed subscription attempts to facilitate subscriber acquisition and support.
Provides examples of Subscription Plans to help Users prepare them.
6.2. Subscription Plan Liability
A Subscription Plan consists of the products and/or services that will be supplied by the Client to the subscriber, as specified in the subscription portal and in the Terms and Conditions of online sale published in the subscription portal of said Plan.
Keep in mind that it is you and your Company, and not D2G:
The seller, provider and/or executor of the Subscription Plan.
The party that contracts with your end client.
The sole person responsible for providing the subscriber with the goods and services included in the Subscription Plan.
The sole person responsible for the Subscription Plan itself.
6.3. What D2G does not do
D2G does not market Subscription Plans. It is you and your Company who sell Subscription Plans through D2G. The Platform provides a channel to facilitate online sales, with you and your Company being the owners of the commercial relationships established through D2G.
The Companies that sell through D2G are third parties that are not part of D2G. D2G does not act as a commercial agent for its Clients, nor does it represent its Clients in any way in their commercial activity. The contract for the supply of the goods or services described in a D2G Subscription Plan is between you or your Company and your end customers. D2G does not sell, ship, or supply the Subscription Plan. The Subscription Plan is provided by the Customer, not D2G. Any complaint, incident or claim that your end clients want to raise in relation to the provision of a Plan, you must resolve it directly with them. In the event that a Customer is unable to supply the goods or services described in any of its Subscription Plans for unforeseen reasons, it will be the Customer, and not D2G, who must inform its end customers directly.
D2G takes no responsibility for the supply of the goods or services of a Subscription Plan. D2G will periodically check that its Clients’ Subscription Plans are within the area of activity declared by the Company to the competent authorities, to avoid fraudulent use of the Platform. D2G will not verify the validity, legality or veracity of the Subscription Plans created by its Clients. D2G also does not guarantee that Subscription Plans are complete, fit for purpose or legal. D2G is not responsible for the quality, safety, usability or any other aspect of the goods or services included in a Subscription Plan.
D2G cannot terminate the commercial relationship between you and your End Clients, even if said relationship has been formalized through the Platform.
At any time D2G may stop charging your end customers if it reasonably suspects that you or your end customers have committed or are committing any type of crime or fraud.
You and your Company have the right to reject any Subscriber that reaches you through D2G.
You are responsible for keeping updatedyour data, D2G not having any type of responsibility, with you or your clients, for any circumstance that occurs as a result of the lack of update.
7. Choice of payment gateway
D2G is not a payment gateway or a bank, therefore, to make payments through D2G it is necessary to use a payment gateway. You can contract any payment gateway technically compatible with D2G directly from the Acquirer; or contract the payment gateway through D2G.
You have full freedom of choice of payment gateway provider, with you being solely responsible for the contractual relationship that links you with the chosen provider. In no case will any help provided by D2G for the management of your request with any of the suppliers or in the configuration of the payment gateway be understood as a transfer of responsibilities for the incorrect management of payments by any of the gateway providers. payment contracted by the Client.
8. Direct hiring of the payment gateway
If you contract the payment gateway directly with an acquirer, as far as collections are concerned, D2G will act exclusively as a collection management software, responsible for planning and managing collections, as well as communicating them to the corresponding payment gateways, so that the latter execute them. The cost and conditions of the payment gateway you contract are outside the scope of this agreement. In these cases, if there is any incident in the collections, D2G will only be responsible for errors and incidents in the management and communication of the collection instructions to the external payment gateways, being exempt from any responsibility for failures in the execution of said payment gateways. instructions from the gateways.
When you contract a payment gateway directly from an acquirer, D2G and its partner(s), subsidiary(s), affiliate(s), directors, employees, agents, subcontractors, suppliers and/or distributors (collectively, “third parties of D2G”) are not responsible for any amounts outstanding with you in relation to any transaction carried out through the external payment gateway.
8.1. Economic conditions
If you hire a payment gateway directly from an acquirer, we will charge you €39.99 moreIVA, at the beginning of each month. The payment will be made by credit or debit card.
These rates do not cover any type of expense that you incur when hiring a payment gateway to be able to charge your end clients (regardless of whether it is an acquirer with whom we have a referral agreement or another). Contracting this service may entail maintenance costs, a percentage on each transaction and/or a percentage that covers possible delays in payments made by end clients subscribed to the Platform, among others. Our payment gateway partners reserve the right to modify their prices, so it is your responsibility as a service contractor with these providers to know the updated rates at the time of contracting and other charges that may arise from their use. You agree to pay all subscription fees, transaction fees,administrative positions (Section11.2. Cost processing), professional services fees and, as applicable, taxes (collectively, “Charges”) for your use of the Service in the currency in which you are billed and in accordance with the payment plan applicable to your service and in effect for Spain.
You may cancel the Service at any time by notifying[email protected] . If we have already charged you for the current month, we will return the portion proportional to the days of the month that you have not consumed, until the moment we notify you of the effective cancellation of the account. D2G undertakes to carry out cancellations within a maximum of two business days.
9. Contracting the gateway through D2G
To facilitate access to the payment gateway service for its Clients, D2G has agreements with different payment gateways, which allow it to mediate access to said gateways. So if you prefer, you can contract the payment gateway service directly from D2G.
If you decide to use the D2G payment gateway, the Platform will act both as a collection management software and as an intermediary in collecting payments from your end clients or subscribers. D2G will mediate your collections as follows:
D2G will charge your end clients on your behalf, using the payment method you have requested.
The account entries for collections from your end clients will appear in the name of D2G, and not your Company. D2G will attempt to inform your customers of this situation during the subscription process, and in subsequent notifications to avoid confusion and potential fraud claims.
Funds collected by D2G will go to an account owned by D2G.
Subsequently, D2G will pay the bank account of which you have accredited ownership, the pending amounts, minus the commissions and the corresponding fund reserves (Section9.2 Economic and settlement conditions).
9.1. Hiring requirements
In order to contract the payment gateway service from D2G, you must meet the following requirements:
Provide us with the following truthful and updated information:
Or any other additional documents that D2G requires to rule out doubts about potential fraudulent activities.
The products and services offered through the Platform must coincide with the activity or activities declared before the competent authorities. D2G will periodically carry out spot checks on active Subscription Plans to detect any non-compliance with this requirement.
Have Terms and Conditions of online sales published in all Plans and validated by D2G.
Maintain a number of complaints from end customers about the products and/or services offered, below the5% of annual collection operations.
9.2. Economic and settlement conditions
We will charge you 1.5% plus VAT, of all amounts you charge through our card payment gateway. This commission will not be applied to the amounts you return from the Platform.
The settlement of funds collected on your behalf through our gateway will be carried out by bank transfer, a maximum of 7 calendar days after having made the payment, if it is a business day, or the next business day, if it is not. The work calendar of Malaga capital will be taken as a reference.
If at the time of settlement of funds the Client fails to comply with any of the contracting requirements (See previous section), the funds will be retained in their entirety until all detected defects are corrected.
In the event of refunds of funds by your end clients (chargebacks), we could apply a reserve fund retention of up to 20% of what you charge through our gateway. Said withholding will be paid in the first settlement of funds after 30 calendar days from the date of collection of the funds. We will notify you by email to the address with which you are registered on the Platform, before applying this measure or each time the percentage of reserve funds to be applied changes.
Settlements will be made discounting:
The commission of 1.5% plus VAT.
The retention of reserve funds, if necessary.
The refunds of funds that you or your clients (chargebacks) have made.
At the end of each month, we will send you an invoice justifying our service fees.
9.3. Returns of funds
D2G has the functionality to fully or partially return the funds collected to your end customers through technically compatible payment gateways. It is at the discretion of D2G to offer you this service. Whether this service is offered to you or not, D2G is not responsible for the amounts that a Client wants or must return to its end clients. If you cannot use D2G to manage a voluntary return, you or your Company must use any other payment method that you have at your disposal or that you have agreed with your Subscriber.
In the event that returns of funds and/or chargebacks occur, and there are no pending funds to be settled against which to deduct said amounts, or they are not sufficient, you may be charged by SEPA direct debit, by credit or debit card. , or by any other means of payment that we agree upon, to settle the debt owed to D2G.
10. Account and account management
Only the creation of a single account per company or self-employed person (NIF/DNI) is allowed.whose access will take place exclusively through the email provided at the time of registration. The management of the account and the different services of the Platform will only be possible through this account. At this time, D2G does not offer the possibility of associating other email addresses with the same account or generating different profiles for its visibility and management.
Access to the account will be carried out by verifying the email address and password associated with it, which is non-transferable.
All use and management carried out through the Platform are subscribed to these Terms and Conditions.
11. Financial conditions of the account
The updated prices of the Service can be consulted athttps://debit2go.com/planes/ The specific conditions of consumption are clarified in the “Frequently Asked Questions” (FAQs) section within that same website and in the sections8.1. Economic conditions and9.2 Economic and settlement conditions of these Terms.The economic conditions are subject to section11.3 Changes in service and charges.
11.2. Cost processing
To offset any additional cost processing charges, SSTRATEGY may bill you additional charges for administrative or processing activities.account,such as collection efforts for nonpayment or returned or refused payments. Any additional administrative charges charged to you will be indicated on your invoice or receipt, and you will be responsible for paying all charges on the receipt.
11.3. Changes in service and charges
D2G may change the Service (or any aspect thereof, including Professional Services) or the Fees (including one-time Fees) at any time with minimal notice.thirty days that you will be notified of a change to the Website, by sending an email to the address you provided in registration, including a message on your prior invoice, in writing, or by any other method of notification reasonably likely to call your attention. Unless you cancel your account or contact us to arrange cancellation, we will assume that you accept the changes to the Service or Charges.
D2G reserves the right, at its own discretion and in order to limit the risk exposure of subscribers, to limit the amounts, payment periodicity and duration that can be established for the Plans, and may block the Plans until the details are clarified. Online sales terms associated with the Plan. Plans that exceed the following limits will be monitored: charging amount equal to or greater than €75 per month, 50 or more subscribers and/or monthly billing equal to or greater than €5,000. Those Plans that exceed these limits may require to be supervised by a D2G Agent who assists you in the process and gives approval, after a risk analysis.
11.4. Pre-authorization of payments
By providing a credit card to D2G as part of your account setup for your monthly pre-authorized payments, you authorize us at D2G to charge your credit card for all outstanding Charges and outstanding account balances due under the Agreement, and This point constitutes D2G’s sufficient authority to do so. If your preauthorized payment fails, D2G may immediately deactivate your account without prior notice and collect any fees due through other collection mechanisms. You are solely responsible for all charges incurred on your account by you or by third parties to whom you have allowed access.
11.5. Updating charge information
It is your responsibility to keep your billing and charge information (credit card and/or IBAN) updated. You will be responsible for any costs arising from an incomplete information statement.
12. Acceptable and unacceptable uses
The creation and publication of Subscription Plans is allowed withcharging amount less than €75 per month, a maximum of 50 subscribers and/or a monthly billing volume of less than €5,000. Exceeding any of these limits leaves SSTRATEGY with the decision to disable payment processing without any harm to the Client or the end client.
The Plans created must comply with the premises of the type of industry that are provided in the conditions of this contract (Section4. Eligibility to contract the D2G service).
Likewise, the Plans will have as an essential requirement the creation and publication of online Sales Terms to which each Plan in question is subject, following the principles of transparency in sales, legitimacy and compliance with regulations of the sector/industry that applies in each case, guaranteeing the service/product delivery promised to the subscriber.
Only the creation of Subscription Plans will be allowed whose products or services offered match the type of activity expressed by the business.
Under no circumstances may Subscription Plans be generated in cobranding format with other companies, nor subject to a package of plans with third parties.
13. Terms of service
13.1. Service usage guide
You are only permitted to use the Platform in accordance with the Terms of Service set forth in these conditions. Therefore you will not: (1) modify, translate, reverse engineer, decompile, dismantle or create works based on the Service or any component thereof; (2) you will circumvent any limits or restrictions developed in the Service; (3) you will remove any trademark, logo or indicia from the Service or its components.
You agree not to provide false information, including names, addresses and/or contact or payment details; not to initiate any illegal activity in connection with D2G; and not allow anyone to do it.
13.2. Access to the Service
You are responsible for having and maintaining internet access, computer equipment and other services necessary to access the Service. At the time of registration you will define the access elements (email and password) that will allow you to have access to your private area within the Platform, where information and materials related to your Client data are located. This access will also allow you to track the progress of your end clients and their payments in real time. You alone are responsible for ensuring the privacy of the credentials necessary for access. SSTRATEGY will under no circumstances be liable to you or your end clients for access or use of the data existing in your private area due to unauthorized access to your credentials by a third party. You agree to notify D2G of this circumstance as soon as you become aware of unauthorized access or use by a third party.
13.3. Professional services associated with D2G
Currently D2G does not offer any type ofprofessional service on the Platform, although this does not limit the possibility of including them in the future.
13.4. Unsolicited information
The Service includes sending communications on your behalf to your Clients. All automatic communications made by D2G are relevant to the activity of managing and collecting subscriptions. Failure to receive them could expose your Clients to risks and undesirable situations. Currently, it is not possible to unsubscribe from them. The Clients or end clients must block the notifications sent by D2G in their email accounts, assuming the risks to which they are exposed as a result of this action.
13.5. Voluntary interruption or end of Service
SSTRATEGY will not have to compensate its Clients for any damage or loss caused by voluntarily interrupting the Service permanently or temporarily, as long as it informs its Clients of such interruption.with a minimum of 30 days in advance, by sending an email to the last email address provided in D2G.
In the event of temporary or permanent voluntary interruption, we will contact you as soon as possible so that you can download all your information, the subscription data of your Subscribers and their list, so that you can export it to a new platform or manage it. as you consider best.In relation to data export, SSTRATEGY does not guarantee that subscribers’ card references or tokenized cards can be exported; nor that once exported, they can be used to execute payments from other platforms or applications.
You are responsible for communicating to your Subscribers the continuity or otherwise of your Subscription Plans after the temporary or definitive closure of the Platform.
13.6. Termination of the contract
SSTRATEGY may terminate this agreement, without any justification, by giving 30 days prior notice of the suspension of the Service, by notification to the last email with which you are registered on the Platform.
Pueds terminate this contract at any time, notifying your decision to[email protected] . The cancellation will not be effective until you receive a confirmation email. D2G undertakes to process cancellations within a maximum of two business days.
If there are funds pending settlement both in your favor and in favor of SSTRATEGY, the termination of the contract does not exempt the parties from paying them within the settlement periods stipulated in this agreement.
14. Property rights
14.1. Exclusive property
All intellectual property rights arising from the software and technology supporting the Service (including any copies, corrections, error corrections, improvements, modifications or new versions thereof) are and will remain the exclusive property of SSTRATEGY and its service partners. Nothing in this agreement shall be construed as a transfer of this intellectual property to you under any circumstances. You are only entitled to limited use of D2G under the provisions of this agreement. You will not copy, modify or reverse engineer all or any part of D2G or its intellectual property. Any unauthorized use of D2G or the elements that make up the Platform constitutes a serious violation of this agreement, as well as a violation of intellectual property laws and applicable regulations, including without limitation, copyright and trademark laws. All intellectual property rights contained in or to third party content that is not included within the Service, but that can be accessed from D2G, are the property of their respective owners and will be protected under copyright laws or any proprietary laws. intellectual property or applicable regulation. Accepting this agreement implies the knowledge and acceptance that SSTRATEGY will have the full right to maintain, improve or modify the Service.
14.2. Service Suggestions
You agree that D2G operates under a royalty-free, transferable, sublicensable, irrevocable, perpetual, non-exclusive license to use and/or incorporate into the Service (or other products offered) any suggestions, improvement requests, recommendations or other comments that you propose to us related to the Service.
15. Support Services
15.2. Service levels
D2G establishes an email support service:[email protected], as well as a telephone support service: (+34) 910 052 703. Both email support and telephone support, is offered from 9:00 a.m. to 2:00 p.m., according to the work calendar of Malaga capital, in Spanish and English, except for planned downtime, scheduled maintenance or any lack of availability caused by circumstances beyond the control of SSTRATEGY, such as extreme weather circumstances, Internet service provider delays, or availability issues.
15.3. Support service exclusivity
D2G Customer Service and Technical Service is an exclusive support service for Clients registered on the Platform. To avoid any type of confusion, you are responsible for providing support and assistance to those people who contract your Plans, that is, your Subscribers or end customers.
16. Disclaimer for third party sites, content or services
The Website may contain links to third party websites (“Third Party Sites”) or third party content (“Third Party Content”) and may provide third party services (“Third Party Services”), including payment processors, which you may use in connection with your use of the Service. Any use you make of Third Party Sites, Third Party Content (collectively, the “Third Party Materials”) and/or Third Party Services you do so at your own risk.
D2G makes no claims or representations with respect to Third Party Materials and Third Party Services and provides or links to them only as a convenience to you. Inclusion of Third Party Materials on the Service does not imply D2G’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Materials. D2G accepts no responsibility for notreviewchanges or updates to, or the quality, content, policies, nature or reliability of Third Party Materials or Third Party Sites that link to or from the Service. Therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Materials and Third Party Services, and should make whatever investigation you consider necessary or appropriate before proceeding with any transaction with a third.
The provider of Third Party Materials and Third Party Services is solely responsible for such Third Party Materials and Third Party Services, the content thereof, any warranties (to the extent such warranties have not been disclaimed), any training, support or the maintenance of the Third Party Materials and Third Party Services (unless D2G expressly agrees otherwise), and any claim that you or any other party may have in connection with such Third Party Materials and Third Party Services, including their use from them. If you choose to purchase a license to Third Party Materials and Third Party Services from the provider of such Third Party Materials and Third Party Services, you acknowledge that D2G is merely acting as agent of the provider to provide such Third Party Materials and Services to you; D2G is not a party to the license between you and the Provider with respect to such Third Party Materials and Third Party Services; and D2G is not responsible for such Third Party Materials and Third Party Services, the content thereof, or any warranty or claim that you or any other party may have in connection with such Third Party Materials and Third Party Services or your use thereof. .
You acknowledge and agree that D2G and its affiliates are third party beneficiaries of the Terms of Service (also known as the End User License Agreement) for such Third Party Materials and Third Party Services, and that, by accepting the terms and conditions of the license for such Third Party Materials and Third Party Services, D2G will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof upon registering your business within D2G provided that : (1) is registered, has headquarters, operates and provides its products/services in Spain, (2) is correctly registered with the competent public administrations, (3) is a legal activity not related to games of chance, weapons, financial institutions, regulated or illegal substances, pornography (4) or that the legislation applicable to the Client does not allow the marketing of its product or service through this medium.
17. Disclaimer of warranties and limitation of liability
17.1. No warranty
D2G does not offer financial or billing advice. D2G assumes no responsibility for any third-party hardware, firmware, software or services. The Service, including any Third Party Materials or Third Party Services, is provided as is and there are no warranties, claims, representations or conditions of any kind, express or implied, written or oral, arising by statute, operation of law, course of treatment, use of commerce or otherwise with respect thereto. To the maximum extent permitted by applicable law, D2G and its suppliers, disclaim and exclude all other express, implied and statutory warranties, including warranty, with limitation, with any limitation of warranty, with any limitation of state warranty, with certain warranties, with any limitation of implied warranties, including warranties of calculation, statutory warranty, express, implied and exclusive warranty, performance, data integrity, non-infringement, merchantability or fitness for use for a particular purpose or performance of any obligation , law or legal regulation. The Providers do not represent or warrant that the Service, including any Third Party Materials or Third Party Services, will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free or operate without loss of data, nor do the Providers make any warranty of any kind. connection or transmission from the internet. Providers further disclaim all warranties and conditions, express or implied, as to the accuracy, reliability and quality of the content on or linked to the Service. You acknowledge that, by using the Service, sensitive confidential and/or proprietary information will travel through third party infrastructures over which D2G has no control and for which D2G shall have no responsibility. No representation or other statement of fact, including, but not limited to, marketing literature or collateral or statements regarding the performance of the Service by D2G, not contained in this section, shall be deemed a warranty or representation and shall not be relied upon. or linked to D2G.
17.2. Limitation of liability
To the maximum extent permitted by applicable law, neither SSTRATEGY nor any D2G-related party or supplier shall have any liability to you or any other person or entity, arising under or outside of this agreement and/or related to the Service provided. to you by D2G (including any of D2G’s related suppliers), for any indirect, incidental, special, punitive, exemplary or consequential damages or for any loss of revenue or profits, loss of or damage to data, interruption of business or services, replacement or recovery of costs, internet failure or other commercial or economic loss, including in contract, equity, tort (including, without limitation, negligence or strict liability) or any other theory of liability, even if D2G (including any of the suppliers related to D2G) has been advised of the possibility of such damages, or they are foreseeable.
In no case will SSTRATEGY nor any of the parties or suppliers related to D2G have any type of responsibility in relation to the non-delivery of a product or service by the Client to the End Users/Consumers, or any problem in relation to the delivery. or provision of the service offered through D2G. Likewise, SSTRATEGY nor any of the parties or suppliers related to D2G will be responsible for the cancellation by the Client of a Subscription Plan or for any complaint or claim by the end client in relation to the products or services offered through D2G. .
In the event that applicable law does not allow the limitations and/or exclusions in the preceding sections to be completely disclaimed, these limitations and/or exclusions will be construed as necessary to give D2G (including any of D2G’s related suppliers) the further disclaimer, limitation and/or exclusion as permitted by applicable law.
In no event shall the aggregate liability of D2G (including any of D2G’s related suppliers), whether in contract, equity, tort (including, without limitation, negligence or strict liability) or any other theory of liability, to you or any any other theory of liability, to you or any other person or entity arising under or outside of this agreement and/or related to the service provided to you by D2G (including any of D2G’s related suppliers) will exceed the charges paid by your party to the Service in the six (6) months prior to the incident that gave rise to the claim.
The disclaimer of representations, warranties and conditions and limitation of liability in this section constitutes an essential part of this agreement.You acknowledge that, by disclaiming all representations, warranties, conditions and limitations of liability, neither D2G nor any of D2G-related parties or suppliers shall grant the rights granted in this Agreement. Your sole right or remedy with respect to any problem or dissatisfaction with the Service is to immediately stop using it.
No action arising out of this agreement, regardless of the form of action, may be brought by you more than one year after the action taken, or, in the case of a mandatory legal limitation period of more than one year, will apply the minimum mandatory period established by said limitation.
18.1. Limitation of liability
You agree to indemnify and hold SSTRATEGY and D2G’s related suppliers harmless from all liability and costs, including litigation expenses, resulting from or arising from your (a) violation of any provision of this Agreement; (b) breach of any rights of SSTRATEGY or D2G-related suppliers; or (c) use or misuse of the Service or any intellectual property infringement.
19.1. Complete agreement
The Terms and Conditions of this Agreement constitute the entire agreement between you and SSTRATEGY, with respect to the subject matter discussed, supersede and replace all prior understandings and agreements, in any form, with respect to the subject matter.
In the event that any term or provision of this Agreement is held invalid, void or unenforceable in its entirety or in any particular application, the remainder of this Agreement shall remain in full force and effect and the invalid, void or unenforceable portion shall be severed from the Agreement.
19.3. Does not resign
SSTRATEGY’s failure to take action against any breach of this Agreement does not waive its right to enforce the same at a later time.
Either party may assign this Agreement without the consent of the other party to a successor in interest in connection with the sale of all or substantially all of its assets or stock not involving a direct competitor of the other party. Any such assignment by you is subject to D2G’s reasonable review of financial information confirming the attorney’s creditworthiness.
19.5. Applicable law and place
This Agreement shall be governed and construed in accordance with the laws of Spain. Any legal proceedings arising out of or related to this Agreement shall be subject to the jurisdiction of the courts of the province of Madrid, Spain.
The provisions of this Agreement which, by their nature, extend beyond the termination of the Agreement, will survive including, without limitation, any exclusion or limitation of the liability of D2G (including D2G Related Parties) specified in this Agreement and any indemnification for his part.
All notices provided for in this Agreement will be given when received by email, certified mail (return receipt requested) or overnight mail, addressed to the attention of the person executing this Agreement (or such person’s successor) and sent to: (i) where applicable, the email or postal address you provide to D2G at registration; and (ii) in the case of SSTRATEGY, Calle Andrés Tamayo Nº 3, C.P. 28028 (Madrid, Spain).
19.8. There are no third party beneficiaries
This Agreement is made solely for the benefit of you and SSTRATEGY (including D2G-related parties) and our respective successors and permitted assigns. No other person or entity shall have or acquire any rights under this Agreement unless SSTRATEGY agrees otherwise.
Unless otherwise stated in your contract for the Service and subject to the usage guidelines set forth therein or any prior approval or authorization that may be required (which you agree not to unreasonably withhold or delay), SSTRATEGY may use your name (and the applicable trademark or logo) on the Website and other promotional and marketing materials to identify you as a user of D2G.
19.10. Major cause
SSTRATEGY is not liable for any failure to perform an obligation under these Terms and Conditions where it is hindered or prevented from carrying out its obligations by any cause beyond its reasonable control.