Welcome
Thanks for using perpetuall! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
Thanks for using perpetuall! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
The mission of PERPETUALL is to connect the world’s professionals to enable them to be more productive and successful. To achieve our mission, we make services available through our website, mobile applications, and developer platform, to help you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.
You agree that by registering on PERPETUALL, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the PERPETUALL services (collectively “PERPETUALL” or the “SERVICES”), you are entering into a legally binding agreement with Perpetuall Software S.L. Avda. Universidades 24, Edificio Ingeniería 4ª Planta, DeustoKabi, 48007, Bilbao. If you are using PERPETUALL on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a PERPETUALL Member, do not enter into this Agreement, do NOT click “Sign Up” and do not access, view, download or otherwise use any PERPETUALL webpage, information or services. By clicking “Sign Up” (or “Join Perpetuall” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up” you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one. Please note that the PERPETUALL User Agreement and Privacy Policy are also collectively referred to as PERPETUALL’s “Terms of Service.”
To become a user of the private platform PERPETUALL, you must receive an invitation in your email and/or mobile phone from a friend or contact that is already a PERPETUALL user, or you must request an account through one of the secure alternative options established by PERPETUALL. Once you have completed the verification process established on our SERVICES, you must register by filling out the registration form on the mobile phone with the required information.You also have the option to voluntary give PERPETUALL more information about you, including your photo, telephone numbers, address, etc.
This information will be available to you and you will be able to modify it within your Profile.Having a Profile in the private network PERPETUALL means that you must accurately represent yourself at all times and that you cannot impersonate another person or entity. You must take full responsibility, and must enter real, truthful, and up-to-date information. PERPETUALL works to verify the accuracy of your information, and we reserve the right, without prejudice to further actions, to refuse your registration or to delete your Profile if we discover that the information provided is false or incomplete.The accuracy of the information on your Profile is essential to using the SERVICES. Likewise, we reserve the right, as a private platform, to deny admission or unilaterally delete any Profile that we believe to be inappropriate due to the content and its relation to the SERVICES.
Upon registering in the private network PERPETUALL, you have a Profile in which you publish and share your real, personal contact information as you wish and with whom you wish. Personal information will be shared throughout the SERVICES based on the privacy options you choose and over which you have exclusive control.You are responsible for controlling your personal information at all times. To that end, we recommend that you are very careful when choosing which personal information you publish and with whom you share it. As a user of the SERVICES, you must inform PERPETUALL about any changes in the accuracy of the information you have provided us. You can change your personal information at any time.
You expressly accept that the SERVICES and all features associated with PERPETUALL’s private platform are offered exclusively for personal use and that it is expressly prohibited to use them for any economic or commercial gain without first receiving authorization from PERPETUALL.With the exception of cases expressly provided for in these Terms of Use and without prejudice to the advertising, communication, and sponsorship tools that PERPETUALL may provide, it is PROHIBITED for any corporate entity – whether a business, association, or any other type of corporate or juristic entity – to have a Profile.Access to the Service necessarily implies that you provide certain personal information to PERPRETUALL and, inasmuch, that you accept our Privacy Policy. Providing false information is expressly prohibited; you must identify yourself with your real name, telephone numbers and truthful personal information. If PERPETUALL becomes aware of false information related with a Profile, we may delete the Profile or rectify the information in accordance with these Terms of Use.All information provided to PERPETUALL must be accurate and up to date at all times.Access to the SERVICES and use of a Profile implies your commitment and obligation to their adequate use, in accordance with these Terms of Use and applicable laws, whether national or international, along with the principles of good faith, general decency, and public order, and a commitment to diligently follow any additional instructions that PERPETUALL may give you in relation to the access and use that you exercise. You are fully responsible for your use of the Profile.
If PERPETUALL has reason to believe that you are using a Profile to impersonate another person or entity through the creation of a Profile, we will verify your identity and, upon verifying that you are impersonating a third party, we will delete your Profile. Likewise, if PERPETUALL is unable to adequately verify your identity, your Profile will be deleted.
If you are aware of a false Profile or have reason to believe that someone is using a Profile to impersonate a third party, do not hesitate to contact us at [email protected] or report the Profile using the “Report” option that PERPETUALL makes available throughout the mobile app and website.
With regard to the aforementioned, PERPETUALL makes clear that we may contact and collaborate with police and/or judicial authorities if we become aware of any impersonation that may be considered a crime, especially such crimes.
The profile you create on PERPETUALL will become part of PERPETUALL and except for the information that you license to us is owned by PERPETUALL. However, between you and others, your user belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your user; (3) not use other’s users; (4) not sell, trade, or transfer your PERPETUALL user to another party; and (5) not charge anyone for access to any portion of PERPETUALL, or any information therein. Further, you are responsible for anything that happens through your user until you close down your user or prove that your user security was compromised due to no fault of your own.
The use of this functionality imply full, unconditional acceptance of these Terms of Use. For which, before synchronizing your phonebook, you must read and review the conditions that apply to this functionality, determine if they meet your expectations, as well as the availability of which for your specific mobile device(s).
By using PERPETUALL, you guarantee that the information provided is true and accurate. You also expressly authorize PERPETUALL to use the phone numbers provided to manage your access and use of the private, social platform, PERPETUALL.
Phonebook synchronization will allow the user to know, on the one hand, which contacts are already registered on the PERPETUALL service, as well as those that form a part of their contacts and/or network on the PERPETUALL platform. To do this, once the phonebook is synchronized, the information contained within it (phone numbers, email addresses and addresses) will be synchronized automatically at once with the database of registered users on the PERPETUALL platform.
The user’s phonebook will remain stored in such a way that PERPETUALL will maintain, only by name and by user account and without modifying/updating/using in any other way than that of what was requested by the user, his/her phonebook with all of the data associated with said contacts. In addition, by using the social, private, PERPETUALL platform you declare that you accept and understand that your phone number will be used by PERPETUALL, as well as numbers of third parties with whom you would like to use the social, private, PERPETUALL platform. Additionally, PERPETUALL will save information about the mobile device from which your phonebook has been synchronized.
When you synchronize your phonebook through the PERPETUALL mobile app that uses this functionality, you guarantee that you would be in compliance with the protection of personal data legislation, should the application of which be necessary. Remember that use of third party information when using the services and functionalities of the PERPETUALL platform will be your exclusive responsibility.
Bear in mind that when synchronizing your mobile phonebook for the first time, the information within it and that of PERPETUALL, will continue to be automatically synchronized, at least once a day or at any time that you request it or any of your contacts change their contact details.
Specifically, once you authorize synchronization, the loaded phonebook will be automatically synchronized: (i) each time PERPETUALL service sends you a notification with one of your contacts new contact details (ii) each time you request it by clicking on the corresponding option within the PERPETUALL mobile application; (iii) each time you opens the said application; and (iv) every 24 hours if you have not used the PERPETUALL mobile application in less than that amount of time. Additionally, you can synchronize several phonebooks if you uses several mobile devices. In this way, PERPETUALL will be able to establish a maximum limit of phonebooks that each user can synchronize.
As regards personal information of your contacts that may eventually be within the application of Organic Law 15/1999, December 13, on Personal Data Protection (hereafter, “LOPD”) and that PERPETUALL has access to, remember that you are solely responsible; PERPETUALL will only use said information for the purpose of providing you with the contact list feature and, inasmuch, based on your instructions. PERPETUALL commits to keep the personal information included in your contact list(s) private and secure. To that end, PERPETUALL will never use this information for any purpose other than that of providing you with this feature; the information will not be published, communicated, or shared with other persons or entities, even for the sake of storing said information. If you decide to terminate your use of the Service, PERPETUALL commits to eliminate the information included in your contact list at the time of termination. Inasmuch, remember that at the time your use of the Service is terminated, PERPETUALL will not store any copy of the information included in your contact list. PERPETUALL works to guarantee the security and confidentiality of your personal information along with that of your contacts. To that end, and without prejudice to the Privacy Policy of the Service, PERPETUALL will put into place at least the basic security measures outlined in Royal Decree 1720/2007, of 21 December, which approves the Regulation implementing the LOPD. PERPETUALL will remain blameless in the face of any complaint, damage, debt, loss, fine, sanction, cost, or expense that may be encountered related to judicial and/or extrajudicial activities caused by any violation by the user of the present Terms of Use and/or applicable legislation on personal data protection. As a user of this feature, you are solely responsible for the use you make of it, relieving PERPETUALL of any responsibility whatsoever deriving from any damage and/or harm caused by the correct or incorrect use of the feature, along with the accuracy, truth, and validity of the information provided. The use of false information is prohibited. In relation to the contact list feature, PERPETUALL acts merely as intermediary, assuming only and exclusively the responsibility derived from due diligence that may be demanded by law. PERPETUALL does not assume any responsibility, direct or indirect, related to the incorrect use that you make of this feature and, particularly, of the information of your personal contacts. You decide the content of your contact list, and the use you make of the information contained there; inasmuch, PERPETUALL is in no way responsible for the actions you choose to carry out with your contact list, nor the manner in which you control and/or handle it. In addition to synchronization, the PERPETUALL mobile application allows users to search for new contacts and/or friends by manually entering their mobile phone numbers and/or email addresses to verify if said persons are currently registered within PERPETUALL’s services. If the number or email address introduced in the search field does not correspond with a current user of the Service, the user can send an invitation from their mobile phone, by email or SMS, inviting the person associated with said number or email address to register in the Service. If the number or email address is associated to a current user of the Service, you have the option to send them a request to join your network of contacts or friends. The recipient can accept or reject the request; if rejected, the sending user will be added to the recipient’s list of blocked users.
You are obligated to make reasonable use of the Service, website, and the contents therein, along with the mobile applications offered by PERPETUALL, according to the purposes and possibilities for which they are designed, respectively. In relation to the Service, PERPETUALL acts solely as an intermediary that makes its technological platform available for use, assuming only those responsibilities derived from due prudence that fall within applicable law. PERPETUALL does not assume any responsibility, direct or indirect, for improper, fraudulent or illegal use of the Service, website, mobile application, or contents therein. PERPETUALL will take all reasonably possible steps to supervise the legality of the contents, and other information shared and communicated through the Service, website, and/or mobile applications offered by PERPETUALL. However, given that it is impossible for us to maintain absolute control over the aforementioned, you will be solely responsible for the information, images, comments, opinions, allusions, and all other content of any type that you communicate, store, transmit, or exhibit on your Profile. Specifically, PERPETUALL is not to be considered responsible editor, and we expressly declare that the opinions that may be transmitted by users through the Service are not endorsed by or representative of PERPETUALL; the issuer of any and all information is fully and solely responsible for all consequences its transmission may bring about.
We reserve the right to limit the publication within the SERVICES of content, information, images, and drawings—through the installation of filters designed for this purpose—that users might bring to our attention. The aforementioned does not imply any responsibility or obligation whatsoever on PERPETUALL to control the contents that may be transmitted through the SERVICES, but rather the willingness to avoid, to the extent that it is reasonably possible, the use of the SERVICES to transmit content, on the Internet that may be considered defamatory, racist, sexist, xenophobic, discriminatory, pornographic, violent, that violate in any way general decency, public order, or are clearly illicit or illegal. Furthermore, under no circumstances will PERPETUALL be responsible for:
Access to or use of the SERVICES for illegal or unauthorized purposes, with or without economic gain, is ABSOLUTELY AND EXPRESSLY PROHIBITED and, therefore, the consequences of such actions will be the sole responsibility of the user who realizes such activities. More specifically, prohibited activities include, but are not limited to, the following:
If PERPETUALL or an entity that is sponsoring/collaborating on an event, promotion, contest, or activity made available through the Service becomes aware of any anomaly or fraudulent activity, or suspects that a participating user is attempting to prevent or hinder the natural development and execution of such activities, PERPETUALL or the collaborating entity can unilaterally remove said participating user, eliminate the event, contest, promotion, or activity, and/or nullify the prize related to such events or activities, without warning. In the application of the aforementioned, PERPETUALL reserves the right to deactivate or delete any Profile automatically and without warning; in case of such deactivation or deletion, the user has no right to any compensation. PERPETUALL also makes clear that we may contact and collaborate with police and/or judicial authorities if we become aware of any infractions of applicable laws or if we suspect that a criminal or penal infraction is being or has been committed.
PERPETUALL holds all intellectual and industrial property rights related to the SERVICES, along with the mobile applications offered by PERPETUALL that permit the access to the SERVICES from mobile devices, with the exception of content published by users—who maintain all rights to their content, as outlined in the following section—and content provided by third parties to PERPETUALL. PERPETUALL, through these Terms of Use and as owner of the SERVICES, grants you a limited, temporary and revokable license, which may not be sublicensed, and is for strictly personal use of the SERVICES. As a noted exception to said license, it is absolutely prohibited to reproduce, distribute, publicly communicate, modify, or exploit all or part of the content that forms part of the website, along with the databases and software necessary for its visualization or use, without having first received PERPETUALL’s express written consent for such activities. Likewise, PERPETUALL holds and maintains all rights related to the Application and, inasmuch, exclusively grants the user (licensee) the right to download, install, and use the Application in a mobile phone or other compatible device, in line with the uses for which the Application was designed and, in particular, in compliance with our Terms of Use and all applicable laws. The user does not obtain any ownership rights over the Application by downloading, installing, or using it. Consequently, PERPETUALL reserves all rights not expressly granted to the user within these Terms of Use. All exploitation or economic gain, whether direct or indirect, whole or partial, of the content that makes up the website and/or mobile applications provided by PERPETUALL is absolutely prohibited without having first received PERPETUALL’s express written consent for such activities. If PERPETUALL detects that the current license has been violated, PERPETUALL will delete your Profile without regard for secondary consequences that may be caused by said violation.
You own the information you provide PERPETUALL under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant PERPETUALL a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to PERPETUALL, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to PERPETUALL, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through PERPETUALL.
You are fully and solely responsible for your interactions with other users throughout the SERVICES. PERPETUALL does not control your personal relationships. However, we do recommend that you are careful when updating yout personal details to your networks. And of course, if someone harasses, bothers, or intimidates you, communicate the problem to us so that we can take the necessary actions.
PERPETUALL will not be held responsible for any conflict that you may have with another user and/or that does not imply a violation of these Terms of Use by either/any of you; for example, the buying or selling of products among users. PERPETUALL is not responsible or obligated to act in such cases, but reserves the right to mediate in conflicts that may arise.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to PERPETUALL storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. PERPETUALL does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services at any time. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that PERPETUALL’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may request one by contacting our Customer Support at [email protected].
You understand and accept that the SERVICES include advertisements, and that, inasmuch, you can access third-party advertising from your Profile that PERPETUALL and/or other entities provide through the Service.
The use of any technical, logical, or technological resource through which someone, whether or not a user of the SERVICES, might benefit directly or indirectly, with or without commercial gain, from the profiles or contents of the website or mobile apps IS ABSOLUTELY PROHIBITED.
You cannot insert or publish any link, hyperlink, frame, or similar resource that redirects to a URL that potentially violates the intimacy, honor, or image rights of any user, PERPETUALL will take actions to eliminate this link and, when PERPETUALL deems it appropriate, communicate the activity to the appropriate authorities.
In addition to your personal information, you can share other types of information on your Profile, all of which are subject to PERPETUALL’s Terms of Use. PERPETUALL does not control the information that you share with other users and, therefore, is not responsible for that information. Nevertheless, if you are aware of any information or content in the private platform PERPETUALL that may be inappropriate or in violation of our Privacy Policy and/or Terms of Use, please contact us at [email protected]
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of PERPETUALL, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
You can temporarily deactivate or permanently delete your Profile on the PERPETUALL SERVICES by sending us an email to [email protected]. If you choose this option, you will permanently lose all of the information related with your Profile.
For the technical management of your access and use of the Service after registration, PERPETUALL must use cookies while you browse our website. Inasmuch, it is absolutely necessary that cookies are permitted by your Internet browser to use the various services and features available on the private platform PERPETUALL.
As you know, cookies are small data files which are stored in your computer as a registered user of the Service, and that contain certain information about your visits to the PERPETUALL website.
PERPETUALL uses cookies for the purpose of making it easier for you to browse the website. Concretely, these cookies allow PERPETUALL to identify you as a registered user of the Service each time you access said Service, allowing the access and use of the sections, services, features, and/or promotions made available specifically for that group of individuals on our website.
Cookies cannot be associated in any way to your personal information, nor can they be used to identify you. Moreover, every user has the option to deactivate cookies at any time through the configuration of your Internet browser’s settings.
In case of any questions and to learn more about the use of cookies, we recommend that you consult the options available in the Internet browser you use to access PERPETUALL—for example, Internet Explorer, Safari, Firefox, etc.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON PERPETUALL OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR PERPETUALL AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERPETUALL DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PERPETUALL AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY PERPETUALL OR ANYTHING RELATED TO PERPETUALL, YOU MAY CLOSE YOUR PERPETUALL ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PERPETUALL IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH PERPETUALL TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. PERPETUALL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PERPETUALL DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. PERPETUALL DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PERPETUALL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PERPETUALL DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PERPETUALL SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither PERPETUALL nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“PERPETUALL Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for the SERVICES, if any, or 100 €, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from PERPETUALL. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Upon termination of your PERPETUALL account, you lose access to the Services. The terms of this Agreement shall survive any termination, except your rights covered under this user agreement and PERPETUALL’s obligations.
PERPETUALL reserves the right to modify or replace these Terms of Use and Privacy Policy at any time for legal or technical reasons, due to changes in the provision of the SERVICES or applicable laws, for reasons deriving from self-regulation and codes of conduct, or based on corporate strategy decisions. These changes may replace, supplement, and/or modify the present Terms of Use and Privacy Policy.
All changes made by PERPETUALL to these Terms of Use and/or Privacy Policy will be announced and posted on the website or notifying users otherwise. If – after we have announced said changes – you continue using the SERVICES, it will be understood that you have read and accepted said changes. If you decide that you are unwilling or unable to comply with any changes made to these Terms of Use and/or Privacy Policy, you can terminate your use of the SERVICES by following the provided procedures for closing your Profile. PERPETUALL advises you to periodically consult our Terms of Use and Privacy Policy, as they may be modified. You can see the current version in the Terms of Use section that appears on our website.
The various services and/or mobile applications regulated by the present Terms of Use are administrated by PERPETUALL, an entity whose operations are established in Spain. While these services and/or applications may be accessed from outside of Spain, you understand and agree that they are to be used by any person or entity in any country or jurisdiction in which the use of these services and/or mobile applications does not violate the local laws or regulations in force.
The use of any PERPETUALL service and/or mobile application by a user in any country is the sole responsibility of that user. As a user, you are fully responsible for ensuring that your activity complies with the laws of the country from which you access these services and/or mobile applications. Likewise, it is possible that, due to technical and/or legal limitations, some of the features and/or services of the private platform PERPETUALL are not available or do not function correctly in all countries.
Current legislation determines the laws that govern, and the jurisdiction that affects the relationship between PERPETUALL and the users of the Service. However, for cases wherein the legislation does not specify another jurisdiction, PERPETUALL and the user expressly renounce all other jurisdictions that may apply and agree to submit to the Courts and Tribunals of the city of Madrid, Spain.
PERPETUAL SOFTWARE, S.L. (hereafter, PERPETUAL) is a trading company whose registered address is: Avda. Universidades 24, 4ª planta del Edificio de Ingeniería de la Universidad de Deusto, 48007, Bilbao (España); and with phone number: +34 94 476 28 77.
PERPETUAL is registered with the Trading Company Registry in Bilbao, Spain.
© PERPETUAL, 2014.