General Terms and Conditions of Use

This document lays out the general terms and conditions for use of this web platform, owned and held by EXPLAINABLE AI, S.L. (Hereinafter known as “EXPAI”) and the physical and/or legal persons (hereinafter known as the “TEST USER”) stating their desire to access the services in Test User mode. Access to the service is limited to the conditions offered in each case by EXPAI.

 

ONE.- PURPOSE OF THE CONTRACT.-

By way of these General Terms and Conditions, EXPAI undertakes to provide the TEST USER with remote access to EXPAI services (“THE SERVICES”) from any computer with internet access under the conditions in each case offered by EXPAI.

 

By requesting THE SERVICES and accepting these General Terms and Conditions of Use, the TEST USER declares:

a) Whereas he or she has read and understood and accepts these General Terms and Conditions of Use.

b) Whereas he or she the uses of THE SERVICES is limited.

 

TWO.- ACCEPTANCE AND PROOF OF ACCEPTANCE.-

 

Activating the service in test mode means that the TEST USER must previously and expressly accept these conditions.

 

As of the time of acceptance, he or she shall be considered a TEST USER. Any product or service offered subsequently by EXPAI must be subject to a new contract.

 

EXPAI hereby indicates that, for legal reasons, it files the digital documents containing the acceptance of these General Terms and Conditions of Use, and the TEST USER may access them at any time.

 

THREE.- ALTERATION OF THE GENERAL TERMS AND CONDITIONS.-

 

EXPAI reserves the right to modify these General Terms and Conditions at any time, without having to inform the TEST USER of such in advance. On all accounts, the TEST USER is responsible for reviewing them as a prerequisite to activating any other service available. The General Terms and Conditions indicated in website when the TEST USER activates his or her account shall, however, be deemed valid and applicable.

 

FOUR.- RIGHTS AND OBLIGATIONS OF EXPAI.-

4.1. Service provision.- Once the service has been requested and the steps indicated in the Web Site have been followed, the TEST USER shall receive an e-mail containing confirmation of the service contracted and, from that time, he or she may use the platform under the conditions established in each case by EXPAI.

4.3. Liability of EXPAI. Under no circumstances shall it be held liable in relation to:

4.3.1. Any errors, delays in access by the TEST USER when entering his or her details in the order form, the slowness or failure of reception by the recipients of the order confirmation or any abnormality that may arise when these incidents are due to internet problems, force majeure or any unforeseeable event not attributable to the good faith of the company.

4.3.2. Any errors or damage produced due to inefficient and negligent use of the service by the TEST USER.

 

FIVE.- OBLIGATIONS OF THE TEST USER.-

 

5.1. The TEST USER must make correct use of the platform and service offered by EXPAI. The TEST USER must make lawful use of THE SERVICES, without contravening current law or harming the rights and interests of third parties.

 

5.2. The TEST USER is also liable for making correct use of his or her TEST USER profile and password to access the platform, and agrees to use them carefully and not inform others of them. He or she also agrees to inform EXPAI of the loss or theft thereof or any access made by an unauthorised third party so that EXPAI may instantly block the account.

 

5.3. The TEST USER is solely liable for the contents and lawfulness of the documents sent or filed via THE SERVICES.

 

5.4        The TEST USER may not:

 

• Modify, dismantle, decompile or otherwise manipulate to obtain the source code of THE SERVICES;
• Disclose all or part of the Services, the TEST USER acknowledging that THE SERVICES contains and constitutes confidential information regarding EXPAI;
• Copy or reproduce THE SERVICES, except in the cases expressly foreseen by law; or
• Transfer, hire, lease or otherwise distribute any part or all of THE SERVICES to third parties either permanently or temporarily

 

5.5        The TEST USER must expressly:

 

• Use THE SERVICES according to the conditions established in this licence.
• Take reasonable measures to protect THE SERVICES from unauthorised use under the terms of this licence.
• Use THE SERVICES as instructed by EXPAI, regardless of the format in which said instructions are accessible.

 

SIX.- LIABILITY.-

 

6.1.- Under no circumstances shall EXPAI be liable for:

 

6.1.1.- Any faults or incidents that may arise in communications, deletions or incomplete transmissions that do not guarantee that THE SERVICES remain constantly operational due to causes not attributable to EXPAI.

 

6.1.2.- The producing of any kind of damage that the TEST USER or third parties may cause in THE SERVICES.

 

6.2.- EXPAI reserves the right to suspend access without prior warning and in a discretionary and permanent or temporary manner until the effective liability of any damages arising can be ensured. Furthermore, EXPAI shall cooperate with and notify the competent authority of these incidents as soon as it becomes reliably aware of the fact that the damage caused constitutes some kind of illegal activity.

 

6.3.-  EXPAI does not control the conditions under which the TEST USER uses THE SERVICES and, therefore, it cannot and does not guarantee the yield or results obtained through its use.

 

The above guarantees are the only ones granted by EXPAI with regard to THE SERVICES operating according to the specifications described or to the results that may be obtained through its use.

 

The TEST USER acknowledges having received all the information from EXPAI that provides him or her with sufficient knowledge on THE SERVICES in terms of this licence and ensures it meets his or her needs.

 

6.4.- Through this licence, EXPAI shall not be compelled to compensate the TEST USER for any losses, damages, costs or expenses incurred by the TEST USER with regard to any claim due to an offence that is based on or a result of:

 

• Any combination, operation or use of THE SERVICES with any other application, unless expressly authorised or ordered by EXPAI;
• Any unauthorised alteration or modification of THE SERVICES.
• Failure by the TEST USER to use the corrections or improvements provided by EXPAI;
• Any manipulation of THE SERVICES by any individual not authorised by EXPAI.

 

6.5.- The TEST USER must compensate EXPAI and waive it and its shareholders, directors, managers, employees, agents, successors and/or assignees with regard to any liability relating to all losses suffered or incurred by any of them as a result of:

 

• The falsehood of any declaration made;
• Breach by the TEST USER of any of his or her liabilities arising from this licence;
• Any act of negligence, fraud or bad faith by him or her or by his or her agents or employees relating to the meeting of his or her obligations and/or the exercising of his or her rights under this licence;
• Compensation due to direct or indirect damage, including loss of profits and consequential damage.

 

6.6.- The rights and guarantees contained in this clause are the only ones conferred to the other party, except those expressly included in the clauses of these General Terms and Conditions for Use. Any liability arising from the performance of THE SERVICES and/or the results obtained through its use are expressly excluded.

 

6.7.- EXPAI shall not be compelled to correct any defect in THE SERVICES.

 

6.8.- EXPAI shall delete the data and the records generated by the TEST USER if the test period comes to an end and the TEST USER has not become a CLIENT.

 

SEVEN.- DATA PROTECTION:-

 

The personal data obtained by way of the THE SERVICES service, including the IP address of TEST USERS accessing it, shall be processed by EXPAI, in order to manage and control access to the website and to provide the services requested by the TEST USER.

 

Likewise, the contact details of the TEST USER may be used by EXPAI for commercial purposes, to promote or advertise similar products or services to those contracted, provided the TEST USER has given his or her express consent to do so. The TEST USER may exercise his or her right to objection in each communication, in accordance with the conditions set forth in this clause of the Contract.

 

The TEST USER may exercise his or her rights of access, rectification, erasure, objection, restricted processing, portability and the right not be subject to automated individual decision-making, including the preparation of profiles, by writing to the postal or e-mail addresses indicated, providing a copy of his or her ID card or equivalent document, and identifying him or herself as a TEST USER of this service.

 

The following shall apply where the TEST USER provides personal data of third parties for use of the tool:

 

The TEST USER declares to be legally protected in relation to the treatment of the data of the signatories of the documents uploaded to THE SERVICES.

 

Under no circumstances may EXPAI use the personal data provided by TEST USERS for purposes other than those indicated in these General Terms and Conditions of Use or those arising from the provision of the service. Nor may it transfer this data to third parties, not even for preservation purposes.

 

EXPAI shall take all technical and organisational measures necessary to guarantee the protection of the personal data and files owned by the TEST USER from the destruction, loss, undue alteration, transfer and unauthorised access by it, and in all cases the security measures indicated in Article 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter known as the “GDPR”).

 

For the purposes of data protection law, EXPAI shall be considered the controller of the TEST USER data filed in THE SERVICES and, according to this, it is expressly established that EXPAI shall only process the data according to the instructions given by the TEST USER, as expressed in these General Terms and Conditions of Use, that it shall not apply or use said data for purposes other than those indicated herein and it shall not communicate said data, not even for preservation purposes, to other parties.

 

EXPAI undertakes to adopt and implement the technical and organisational measures to guarantee the security, integrity and availability of the data housed in THE SERVICES in accordance with current law, for the time that the TEST USER remains active.

 

EXPAI is obliged not to subcontract any of the provisions forming part of the subject-matter of this Contract and that involve the processing of personal data, except for the auxiliary services necessary for the services of the Processor to function normally.

 

Where any processing must be subcontracted, the Controller must be informed 15 days in advance of such in writing, indicating the processing to be subcontracted, and clearly and unequivocally identifying the subcontracted company and its contract details. Subcontracting may occur if the Controller does not object within the term established.

 

The subcontractor shall also be considered the Processor and shall also be obliged to fulfil the obligations set forth in this document for EXPAI and the instructions given by the Controller. The initial Processor is responsible for controlling the new relationship so that the Processor is subject to the same conditions (instructions, obligations, security measures, etc.) and with the same formal requirements as the former with regards to the appropriate processing of the personal data and to guaranteeing the rights of the data subjects. In the event of breach by the subcontractor, the Processor shall remain fully liable with regard to the Controller in terms of compliance with these obligations.

 

Notwithstanding the above, the TEST USER hereby expressly authorises the subcontracting of the services indicated below to the following providers [INDICAR]:

 

EXPAI hereby declares that, in relation to the above providers, it has signed a contract under the terms set forth in Art. 28 of the GDPR and that it shall respond directly to the CLIENT with regard to any breach that said providers may incur regarding personal data protection.

 

Once the test period is complete, and when no longer necessary to continue with the commission offered, the personal data shall be destroyed or returned by EXPAI, along with any medium or document including any personal data subject to processing.

 

EIGHT.- COPYRIGHT AND TRADEMARK.-

 

EXPAI hereby indicates that THE SERVICES has been developed and designed by EXPAI and holds the appropriate licences and permits to use any contents, programming code, design or materials associated to it.

 

The articles, contents, images or direct logos of the company are the property of EXPAI or of individuals or companies that have expressly authorised their publication, or that are subject to licences that enable us to make an appropriate use of these materials along these lines.

 

NINE.- COMPETENT JURISDICTION AND APPLICABLE LAW.-

 

These General Terms and Conditions are governed by Spanish law. The provisions of Article 29 of the Spanish Information Society and e-Commerce Law 34/2002 of 11 July shall apply in order to determine the location of sale to which these General Terms and Conditions are subject. Where the TEST USER is not considered a consumer, any dispute regarding the interpreting or implementation of these General Terms and Conditions of Use shall be subject to the jurisdiction of the Courts of the city of Barcelona.

 

TEN. – INVALIDITY OF CLAUSES.-

 

Where any clause of these General Terms and Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in line with the will of the parties and the purpose of these terms and conditions. EXPAI may not exercise any of the rights and powers conferred in this document, which under no circumstances shall imply their waiving, except where expressly acknowledged by EXPAI.