HME – Terms and conditions

1, INTRODUCTION

The following explains the terms of your subscription. By registering you will be given access to use the Services determined by this contract.

2, ACCESS & SERVICES

The Clients access to the various services available on this system depends on the level of access you select. We reserve the right to require you to change your login identification code or password. We also reserve the right to delete all program data files associated with your account and/or other information you have on our system.

3, FEES & PAYMENTS

we will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. You will be given the opportunity to pay by credit card and/or any payment method agreed with the company prior to the signing of this agreement.

4, SYSTEM RULES

You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone other than yourself and authorized personal. Secondly, we do not accept responsibility for any IP restrictions i.e. brute force attacks originating from your network IP address will result in a restriction. Third, do not use our system to commit, plan, encourage or help others commit a crime, including crimes relating to computers.

5, PRIVACY CONSIDERATIONS

Your communications on the system are, in most cases, viewed only by you whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications within this system. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system.

Any Direct communications to the client via the system shall only be used for analytical and technical data processing. We will not share or distribute private details within direct communications to any other persons or companies.

6, PROPRIETARY RIGHTS

By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.

7, LIMITATION OF LIABILITY

You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. Accordingly, your use of the online system is entirely at your sole risk. We will not be responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our system, your use thereof or any of the data or other materials transmitted through or residing on our system, regardless of the type of claim or the nature of the cause of action, even if we have advised of the possibility of such damage or loss.

8. INDEMNITY

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

9. DISCLAIMERS OF WARRANTY

The system is provided “as is” and we make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guarantee, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.

10. CHOICE OF LAW

The Client agrees that this Agreement shall for all purposes be governed by and construed in accordance with the laws of Malaga, Spain, and that any action arising out of this Agreement shall be litigated and enforced under the laws of Malaga, Spain, In addition, you agree to submit to the jurisdiction of the courts of Dubai, UAE, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Dubai, UAE.

11. ACKNOWLEDGEMENT  

This agreement represents the entire understanding between you (‘The Client’) and us (‘The Company’) regarding your subscription service/s. This agreement supersedes any prior statements or representations.

12. TERMS OF THE AGREEMENT   

The agreement shall become effective upon the purchase of any digital license supplied by The Company, and is concluded for an indefinite period of time. Both parties may terminate the agreement with one month’s notice. This shall not affect the right of either party to terminate the agreement without notice for cause. Upon termination of the agreement, the Client is obliged to return the program in its entirety, including the manual and the other pertinent materials, and to destroy any copies immediately.

marketing materials relating to the clients’ Service.  

13. CUSTOMER SUPPORT

Customer Support is available to The Client via the following channels:

  1. Email Ticket System.
  2. Live Ticket System.
  3. Ticket System Form.

Email communications to and from the offices of the company are recorded. The Client authorizes the use of these recordings as needed for the normal running of our business, or in the case of any dispute. The Company email addresses are used to impart information, however incoming emails to our domain addresses are not monitored. The Client agrees to treat the staff of The Company with respect in all communications.

14. NOTIFICATION OF INCIDENTS AND DATA SECURITY BREACHES

The Company shall promptly, and in any case within seventy-two (72) hours, inform The Client if:  

it receives an inquiry or a request for inspection or audit from a public authority relating to the processing of Personal Data, unless The Company is otherwise prohibited by law from making such disclosure; it intends to disclose Personal Data to any public authority; it receives a request for disclosure of The Client Personal Data or information relating to the processing of The Client’s Personal Data from a third party or The Client’s employee, customer or contractor; or it detects or reasonably suspects that a Personal Data Breach has occurred. Of any and all critical system issue that requires more than 24 hours to resolve.

15. PERSONAL DATA DISTRIBUTION

Under no circumstances shall The Company copy, share, distribute or sell Personal Data to any third-party companies unless ordered by governmental or legal authorities as defined by clause 14.  

Cancellation Policy

1. Subscription Plans:

Our software is offered on a subscription basis. 

Customers can choose from various subscription plans with different features, pricing, and billing cycles (e.g., monthly, annually).

2. Cancellation Notice:

  1. Monthly Subscriptions: Can be cancelled at any time, with the cancellation taking effect at the end of the current billing cycle.
  2. Annual Subscriptions: Can be cancelled at any time, with the cancellation taking effect at the end of the current annual billing cycle.

3. Refunds   

Subscriptions are non-refundable except as expressly outlined in this policy. Payments are non-refundable, and there will be no refunds or credits for partially used periods.

4. Method of Cancellation

Subscriptions must be cancelled by contacting our support or accounts team in writing to:

Support Team: [email protected]

Accounts Team: [email protected]

5. Service Availability:

While we strive to provide the best possible service, there may be instances when the service is unavailable due to maintenance or unforeseen circumstances. No refunds will be provided for such downtimes.

6. Changes to Subscription Plans:

Customers can change their subscription level at any time. The changes will take effect at the start of the next billing cycle.

7. Automatic Renewal:

Subscriptions will automatically renew at the end of each billing cycle unless cancelled. Customers are responsible for understanding the renewal date and cancelling if they do not want to renew.

8. Data Retention:

In the event of cancellation, customer data will be retained and may be permanently deleted thereafter.

9. Trial Periods:   

If a free trial period is offered, customers can cancel before the end of the trial period to avoid charges. If not cancelled, the trial will automatically convert to a paid subscription.

10. Third-Party Integration:

Customers are responsible for understanding and complying with any third-party integration cancellation policies that they utilise in conjunction with our service.

11. Changes to this Policy:

We reserve the right to modify this cancellation policy at any time, under applicable law. Changes will be communicated through our website, and it is the customer’s responsibility to review this policy regularly.