1. LEGAL TERMS AND ACCEPTANCE
The present general terms and conditions (the “Terms”) govern the access to and use of the website of NextSignal AI, S.L. (“NextSignal”) by its users, as well as the products and services offered on the websites owned by NextSignal. These websites include Welov.io; help.welov.io; app.welov.io (hereinafter collectively referred to as the “Website”).
The use of the Website grants the condition of a User (the “User”) and signifies the complete and unconditional acceptance by the User of each and every one of the Terms, binding them to these, with respect to the version published at the time of User access. Notwithstanding the aforementioned, NextSignal reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Website, as well as reserves the right to modify or eliminate, at any time and without prior notice, the conditions required for access to and/or use of the Website and the product and/or services. Such modifications will be deemed accepted by the User merely by continuing to use the Website and the product and/or services.
Therefore, it is strongly recommended that the User carefully read the content of these Terms each time they intend to use the Website or enjoy its products and/or services.
2. DEFINITIONS
“Product” refers to each of the products that NextSignal offers at any time through the Website.
“Services” refers to the services provided by NextSignal at any time through the Website.
“User/s” refers to any natural or legal person or entity that accesses the Website to use the Product and/or the Services offered by NextSignal.
“Contents” refers, without any limitation, to information, texts, graphics, blogs, forums, and any other material or interactive service included on the Website, either by NextSignal, third-party providers or service providers or the User.
“Account” refers to each User's account to access the use of the Product and/or the Services.
3. OBJECT
Through the Website, NextSignal provides Users with access to and use of the Product, Services, and Contents made available by NextSignal or by third-party users of the Website and/or third-party providers.
4. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
4.1. Compliance with the Legal Notice included on the Website
The acceptance of the Terms by the User also implies the acceptance of the Legal Notice included by NextSignal on the Website, mainly concerning industrial and intellectual property rights and privacy policy.
4.2. Links to third-party websites
The Website provides Users with technical linking devices (such as, but not limited to, links, banners, buttons), directories, and search tools that allow Users to access websites owned by third parties. The installation of these links, directories, and search tools on the Website is solely intended to facilitate Users in searching for and accessing the information available on the Internet and does not imply any kind of link or association between NextSignal and the third parties linked.
NextSignal does not pre-control, approve, or endorse the services, information, data, files, products, and any kind of material existing on the linked websites. Therefore, the User must exercise extreme caution in the evaluation and use of the services, information, data, files, products, and any kind of material existing on the linked websites.
NextSignal fully excludes its liability for any damage or harm of any kind that may arise from (i) the functioning, availability, accessibility of third-party linked services and (ii) the maintenance of information, services, data, files, or any material existing on third-party websites.
4.3. Proper Use of Contents by the User
The User must refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material accessible through the Website or its Contents, using means or procedures other than those which, as appropriate, have been made available to this effect or have been indicated to this effect on the Website or, in general, those that are usually employed on the Internet for this purpose, provided they do not entail a risk of harm or disable the Website, the Product, the Services, and/or the Contents.
The User agrees to use the Contents diligently, correctly, and lawfully and, in particular, agrees to refrain from:
(a) Using the Contents for purposes or effects contrary to the law, morality, and generally accepted good customs or public order;
(b) Reproducing or copying, distributing, allowing public access through any mode of public communication, transforming or modifying the Contents, except when with the authorization of the holder of the respective rights or legally permitted;
(c) Infringing the intellectual or industrial property rights of NextSignal or of any holder, as well as the rest of identifying data or rights of NextSignal or any of its holders that appear in the Contents, as well as the technical protection devices, digital fingerprints, or any protection mechanisms that the Contents may include;
(d) Using the Contents and, in particular, the information of any kind obtained through the Website to send advertising, communications with direct sales purposes or for any other kind of commercial purpose, unsolicited messages addressed to a multitude of people regardless of their purpose, as well as refraining from commercializing or disseminating in any way such information;
(e) Performing any act contrary to the rules that regulate the protection of personal data, the market, and consumers.
Furthermore, the User agrees to immediately inform NextSignal of any incidents and/or anomalies detected in the Contents, mainly regarding security, quality, “information leaks,” etc.
The breach by the User of any of these obligations will result in NextSignal taking appropriate legal action/s.
4.4. Forums
The User agrees to make use of those Services that, by their nature, allow Users to introduce Content on the Website and make it accessible to other Users, such as, for instance, but not limited to, chat services, forums, emails, sharing interests and products, personal pages, etc., that are in accordance with the law, these Terms, morality and generally accepted good customs and public order.
Unlawful, offensive, harmful, xenophobic, pornographic, discriminatory content that encourages any form of violence or discrimination based on ideology, race, religion, or gender is expressly prohibited.
The User agrees not to transmit, disseminate, or make available to third parties through the Forums contents and information that:
(a) In any way contravene, despise, or violate constitutionally recognized fundamental rights and public freedoms, international treaties, or the rest of legal systems.
(b) Induce, incite, or promote criminal, denigratory, defamatory, infamous, violent actions, or, in general, contrary to the law, morality and generally accepted good customs, or public order.
(c) Induce, incite, or promote actions, attitudes or ideas discriminatory based on sex, race, religion, beliefs, age or condition.
(d) Include, make available, or allow access to criminal, violent, pornographic, degrading products, elements, messages and/or services, or, in general, contrary to the law, morality and generally accepted good customs, or public order.
(e) Cause or might cause an unacceptable state of anxiety or fear.
(f) Induce or incite to engage in dangerous practices, risk, or harmful to physical or mental health.
(g) Are false, ambiguous, inaccurate, exaggerated, or extemporaneous, so that they may mislead the object or about the communicator’s intentions or purposes.
(h) Are protected by any intellectual or industrial property rights belonging to third parties, without the User having obtained prior authorization from their holders to carry out the use made or intended to be made or that they are carried out.
(i) Violate third parties' business secrets.
(j) Are contrary to the right to honor, to personal and family privacy, or to the image of persons.
(k) Infringe the regulations on the secrecy of communications.
(l) Constitute illicit, misleading, or unfair advertising and, in general, constitute unfair competition, to the detriment of NextSignal and/or third parties.
(m) Incorporate viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system or third-party computer hardware and software or that may damage electronic documents and files stored in such computer equipment.
Notwithstanding the above, NextSignal reserves the right to review, at any time and without prior notice, on its initiative or at the request of a third party, content transmitted, disseminated, or made available to third parties by Users through the Forums and to prevent its transmission, dissemination or being made available to third parties if, in its discretion, they infringe these Terms. The User expressly consents to this control by NextSignal.
4.5. Links and Hyperlinks
The User and, in general, those who intend to establish a hyperlink between their website and the NextSignal Website must comply with the following conditions:
1. The Hyperlink will only allow access to the Website and the Product, Services, and Contents, but may not reproduce them in any way.
2. False, inaccurate or incorrect statements or indications about the Website and the Product, Services, and Contents will not be made, and in particular, it will not be stated or implied that NextSignal has authorized the Hyperlink or that it has supervised or assumed in any way the contents or services offered or made available on the web page where the Hyperlink is established.
3. Except for those signs that form part of the link itself, the web page on which it is established will not contain any trademark, trade name, establishment sign, name, logo, slogan, or other distinctive signs belonging to NextSignal.
4. The web page on which the link is established must not contain unlawful information or content, contrary to morality and generally accepted good customs and public order, nor include content that violates any rights of third parties or current regulations.
5. The establishment of the link does not imply in any case the existence of relationships between NextSignal and the owner of the web page on which it is established, nor the acceptance and approval by NextSignal of its contents or services offered and made available to the public there.
4.6. Treatment and use of data from Google services
NextSignal accesses the data of the APIs with prior user authorization, performing data preloads and storing this information in our databases for the user’s later consultation.
NextSignal does not have access to the specific data services provided by Google regarding the user's account unless the user has explicitly authorized the application to do so.
These data are accessible to the user in a friendly format in the application itself through dashboards or document-format reports.
NextSignal does not share Google-derived data with third parties and they are only available to the user who connects their account and team members they choose.
The data processed by NextSignal in each of Google's services are specified below.
1. Google Analytics: Relevant data related to Google Analytics profiles on a website and their breakdowns into different segments (Countries or gender, for example) and goal data.
2. Google Adwords: Statistical and performance data from Ads at an account level or individual campaign level.
3. Google My Business: Statistical data of the user-installed locations and related data like reviews, questions, or interactions with the profile shown in Google search.
4. YouTube: Statistical data of channels and their videos. Non-statistical data about videos (such as the title or thumbnail image) are also stored for a better presentation of data to the user.
Using the YouTube API services through NextSignal implies that the user agrees to the YouTube Terms of Use.
Using Google API services through NextSignal implies that the user agrees to the Google Privacy Policy.
The NextSignal user, if they wish, can review or revoke any permissions granted to NextSignal for the use of Google services through Google’s available security services here.
5. CONTRACTING THE PRODUCT AND SERVICES
The User can access the Product and Services associated with it by subscribing through the creation of an Account, in which the User will be registered and subscribe to the Product and Services. By creating the Account, the User is indicating their acceptance and binding to these Terms, as well as to the terms established in the Legal Notice included on the Website.
The mentioned access to the Product and Services can be initiated by the User themselves, without the prior invitation by NextSignal, or with a prior invitation from NextSignal, sent by it to potential Users to test the Product and Services offered by NextSignal from its Website. In both cases, the User will have a specified period to test the Product and Services for free, after which, if they do not express their intention to continue using the Product and Services, the User will not be able to access their Account, although NextSignal will retain the data imported by them for a period determined by NextSignal and, if the User decides not to contract the Product and Services during this period by signing to this effect the corresponding general terms of contracting and any particular conditions that may be established, the data will be deleted and the Account permanently canceled.
However, if the User communicates to NextSignal their desire for the imported data to be immediately deleted from the servers used by NextSignal, it will proceed to immediate deletion. Also, during the trial period, the User can cancel their Account, in which case NextSignal will also immediately delete the information and data imported by that User.
If the User expresses their intention to continue using the Product or Services, the price and rates for the use of the Product and Services, duration and other conditions of use will be regulated in the corresponding general terms of contracting and in the particular conditions that, in each case, may be established, in mutual agreement with the User.
Once the User has contracted the Product and/or Services, they expressly authorize NextSignal to be able to insert the User's name and logo, if applicable, on the Website for purely advertising purposes, obligating NextSignal not to carry out any action that could damage the User's image and not to use the User's name and logo for any purpose other than their mere insertion on the Website. The grant of this authorization excludes Users who, due to commercial or group policy, do not expressly allow their logo insertion on NextSignal's Website.
If the User does not renew their subscription after it expires, this will be enough to terminate the User's access to the Product and Services. The termination will be effective the day after the last day of the contracted subscription.
6. STORAGE OF DATA IMPORTED BY USERS
The data imported by Users, within the framework of using the Product and Services, will be stored by NextSignal on third-party servers, leased for this purpose by NextSignal, which makes daily backups with this data, for the purpose of processing them for proper use of the Product and Services.
NextSignal will not be responsible for any potential loss of data imported by Users and stored by NextSignal on its servers if such losses are not due to a cause attributable to NextSignal. Also, NextSignal will not assume any liability in cases of data espionage or actions by hackers and other third parties that access the data and can manipulate or delete them.
The specific period during which NextSignal keeps the data and information imported by the User stored on the servers will be specified in the corresponding general terms of contracting or, where appropriate, in particular conditions, to be agreed upon with each User.
Notwithstanding the above, NextSignal reserves the right to check and verify the data imported by the User, with the User expressly consenting that NextSignal may access this data to carry out such checks and verifications.
If NextSignal detects misuse of the Product and Services, it may, upon notification to the User, delete the imported data it deems necessary to make the use of the same appropriate.
7. ACCESS BY NextSignal TO USER DATA
The User may authorize NextSignal, through the installation of the corresponding applications for this purpose and granting it the pertinent permissions, to access different Services Associated with the Product, being tested by the User, so that NextSignal can store them for processing and finally present them to the User.
8. DISCLAIMER
8.1. Disclaimer of Warranties and Liability for Modification or Improvement of the Website, Product, Services, and/or Contents
NextSignal reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Website, as well as reserves the right to modify or eliminate, at any time and without prior notice, the conditions required to access and/or use the Website and the Product and/or the Services.
Moreover, NextSignal reserves the right to temporarily and unilaterally suspend the operation of the Product and Services at any time to update them with new functionalities or improvements, as well as to modify them.
8.2. Disclaimer of Warranties and Liability for the Functioning of the Website, Services, and Contents
NextSignal develops the Product and Services based on current knowledge about Software developments (Software Engineering).
Thus, NextSignal does not guarantee that the Product or Services might not eventually have errors that could cause the User to receive incorrect information, possibly leading them to make erroneous decisions.
8.3. Disclaimer of Warranties and Liability for the Use of the Website, Services, and Contents by Users
NextSignal does not control the access or use Users make of the Website, Product, Services, and Contents. In particular, NextSignal does not guarantee that Users will use the Website, the Product, the Services, and the Contents in accordance with the law, with these Terms, and, where appropriate, with the general and additional conditions applicable, morality and generally accepted good customs, and public order, nor that they will do so diligently and prudently.
The data imported by the User, within the framework of using the Product and Services, belong exclusively to them, who shall be responsible for them.
8.4. Identity and Information Relating to Users Provided by Users
NextSignal does not control or provide any warranty over Users’ identity, nor over the truthfulness, currency, completeness, and/or authenticity of the data Users provide about themselves and make accessible to other Users.
NextSignal excludes any liability for damages of all kinds that are due or may be due to incorrect Users’ identities and the lack of truthfulness, validity, completeness, and authenticity of the information provided about Users or accessible to other Users, and in particular, but not exclusively, for damages of all kinds that may be due to impersonation of a third party carried out by a User in any kind of transaction or communication.
9. NO LICENSE
NextSignal authorizes the User to access the materials solely for the use of the Website, Product, Services, and/or Contents, in accordance with these Terms. NextSignal does not grant any other license or authorization of any kind over its industrial and intellectual property rights or over any other property or right related to the Website, Product, Services, and/or Contents.
10. CONFIDENTIALITY
NextSignal commits to maintaining due secrecy and professional discretion regarding all data imported and knowledge to which it has access about the User during the contract term and during the trial period as referenced in the previous clause 5.
In particular, NextSignal commits to maintaining the confidentiality of all information it may receive or possess from the User, whether technical, commercial, strategic, statistical, accounting, administrative, or other types that the User imports for using the Product and Services and may be processed by NextSignal.
NextSignal commits not to use or exploit the data and information imported by the User for any other purpose than needs and purposes specific to using the Product or fulfillment of the agreed conditions under this and/or the general and/or particular conditions that the User and NextSignal agree, where applicable. Nevertheless, NextSignal may create and publish on its Website reports or summaries with the metrics most commonly used by Users in a generalized manner, as well as other purely statistical data, without mentioning at any time the name or logo of any Users.
11. DENIAL AND WITHDRAWAL OF ACCESS TO THE WEBSITE AND/OR PRODUCT, SERVICES, AND/OR CONTENTS
NextSignal reserves the right to deny or withdraw access to the Website and/or the Product and Services at any time and without the need for prior notice, either on its initiative or requested by a third party, to those Users who violate these Terms or the general or particular conditions that may apply.
12. PROCEDURE IN CASE OF INTELLECTUAL PROPERTY RIGHTS VIOLATION
If any User or third party considers that any of the Contents have been introduced on the Website in violation of intellectual property rights of a third party, they should send a notification to NextSignal containing the following: (a) personal data: name, address, phone number, and email address of the complainant; (b) authentic or equivalent signature, along with personal data of the holder of the allegedly infringed intellectual property rights or the person authorized to act on behalf and account of the holder of the allegedly infringed intellectual property rights; (c) precise and complete indication of the Contents protected by the allegedly infringed intellectual property rights and their location on the Website; (d) a clear and direct declaration that the indicated Contents have been introduced without the consent of the holder of the allegedly infringed intellectual property rights; (e) a clear, direct, and accountable statement from the complainant that the information provided in the notification is accurate and that the introduction of the contents constitutes a violation of their intellectual property rights.
These notifications should be sent to NextSignal AI, S.L., at the following email address: hola@NextSignal.com.
13. LIABILITY FOR DAMAGES
The User will be liable for all damages (present, probable, and presumed) and harm of any kind that NextSignal may suffer as a consequence of the breach of any of the obligations to which they are subject under these Terms.
NextSignal reserves the right to initiate any legal actions available by law.
Notwithstanding the above, in the event NextSignal must satisfy an administrative fine or compensation of any other kind resulting from an administrative resolution or condemning judgment or settlement agreement due to the breach of any commitments the User assumes under these Terms, the User will reimburse NextSignal the amount paid for such reason within thirty (30) days from the date of the written notification from NextSignal.
14. APPLICABLE LAW AND JURISDICTION
These General Terms are governed by Spanish law.
NextSignal and the User, expressly waiving any other jurisdiction, submit to that of the Courts and Tribunals in Madrid, Spain, for any dispute that may arise from the provision of the services covered by these Terms, unless the nature of the dispute leads to the designation of the imperative jurisdiction.