The conditions regulate the use of our service. If you register for a free test of our service, these same conditions will also apply for the free test, except for the price (it is free) and the length which will be set unilaterally by Discoverfy.
The current agreement will be valid from the date when you click on the button Sign Up which appears at the end of the signup page.
1. Acceptance of the conditions
1.1 When accepting these conditions or when obtaining access or using the service, it is implicit that you have read, understood and agreed that you are bound by these conditions, and that the information provided during registration is correct and complete.
1.2 If you contract the services in the name of a company or a corporate body, then the company or the corporate body holder of the contract with Discoverfy accepts these conditions. At the same time, you assert and guarantee that you possess the legal capacity to bind your company or the contractor corporate body to the current terms and conditions; that you accept the current agreement in the name of the party that you represent. If you do not possess the necessary legal capacity to bind your company or other corporate body, do not click on the button Sign Up which appears at the end of the signup page.
Discoverfy and their subsidiary companies, managers, executives and members of staff are exempt of responsibility for the claims, lawsuits or legal actions which can be derived from the use of the services or of the infringement of the conditions or that are related to them, including whatever responsibility or expenses that derive from the claims, losses, damages, lawsuits, trials, court and lawyers’ fees.
1.3 You accept that these Terms and Conditions constitute a contract between you or your Client and Discoverfy – despite being an electronic contract and not a physical one–, signed by you and Discoverfy; and these conditions determine the use of the service and replace any other agreement between you or your power grantor and Discoverfy.
2. Service Description
The service includes: the Discoverfy product discovery service and any other services provided based on the subscribed plan. The new features added to increase the service are also subject to these conditions.
The service can also include the basic or the extended support based on the acquired service plan. Discoverfy will do everything in its power to make the service available, except: (a) the predetermined inactivity period (of which you will be notified in advance), or (b) non availability owing to circumstances beyond our control, for example, in case of force majeure, warrant fulfilments, terrorist attacks, civil riots or any other acts and events out of our control.
Our service is based on cloud computing services of third parties. If these services were temporarily not rendered owing to circumstances beyond Discoverfy’s control, we will not be responsible for Discoverfy service unavailability.
3. Service Provider
Discoverfy service is supplied through Surmile Box S.L. (Discoverfy from now on), whose registered office is located in Barcelona (Zip code 08008), Avda. Diagonal 409, 3º, to which the ownership of them belongs.
4. Object and Length
Discoverfy commits to providing Discoverfy services to the Client, according to what is specified in these general contract conditions and in the specific conditions if any.
The General service conditions are published and updated on the Discoverfy website. We recommend you to revise them regularly as the General conditions published in the website are always valid.
The client is not committed to the acquisition of the service for a predetermined period of time. The service will be provided either annually or monthly at the choice of the customer. With prior notice you can cancel the contract at the end of the year or month, depending on the type of contract.
Discoverfy will maintain the service during that year or month, without prorating the payment of this period.
There will not be reimbursements nor credit for partial periods of service, reductions in the plans nor reimbursements for unused time.
5. Service Use
To use our services you must be a Client of Discoverfy. You can create your own Discoverfy account or it can be assigned to you by our authorised staff.
The use of our services entails the acceptance of these conditions. We can withdraw or cancel our services if you do not comply with our policies or conditions, or in case of misconduct.
The contract with Discoverfy entitles us to send you the contact data you have given us, or through third parties, service notices, administrative messages and other kinds of information, including commercial reports relating to our services.
5.1 The Client does not accept: Contract, subcontract, sell, resell, let, rent, transfer, hand over, distribute, share with a third party or commercially operate or make the service available for third parties, except what is expressly permitted in these conditions.
Modify, adapt or hack the service in order to spuriously involve Discoverfy in any sponsorship or association, or try to obtain access not authorised to the service or related systems or webs.
Use the service in any illegal form, including but not limited to the infringement of the rights of privacy, intellectual property, or send spam, duplicated or unwanted messages violating the applicable law.
Use the service in any way that can interfere or suspend the service integrity or its components.
Try to decode, decompile or apply reverse engineering, or any other way to find out the software source code that the service is composed of.
Use the service to publish, load, link, send or store any content, knowing perfectly well that it is illegal, racist, hateful, obscene, discriminatory, or that contains any kind of virus, malware, trojans, timebombs or any other similar form of harmful software.
Try to or use the service infringing these conditions.
5.2 The Client is responsible for all the information, data, text, messages or other material that he/she sends or transmits through the service. He/she is responsible for maintaining the confidentiality of his username and account; and is fully responsible for all the activities carried out in his/her username or account.
The Client will be able to create third party accounts in order to use the contracted service. The Client is also responsible for maintaining the confidentiality of the name of third party users and sub accounts, being responsible for every activity carried out in the name of these third parties.
6. Your Content in our service
Some of our services involve the collection of content or data bases that do not belong to Discoverfy. These contents are the property and exclusive responsibility of the individual or entity that contracts the Discoverfy services.
The Client expressly undertakes not to incorporate to Discoverfy services contents of racist, xenophobic or pornographic nature. We can revise the contents to determine any illegality or infringements to our policies, and eliminate or deny the Client our services in case that we have sufficient reasons to consider infringement of our policies or the law. However, this possibility does not necessarily mean that we revise content so it should not be assumed that we will do so.
When uploading content or sending it by other means, if you use our services you grant Discoverfy a worldwide licence to use, host, store, reproduce, modify, communicate, publish, publicly display or show and distribute such content on the website of the client.
Discoverfy will solely use the rights conferred by this licence to render, promote and improve our services and develop new ones.
7. Price and Payment forms
Discoverfy will charge annual payment for the use of the services, the contracted period is annually or monthly and payment in advance. The amount will be determined by the Particular conditions in accordance with the services contracted by the Client.
VAT will be added to the services contracted by the Client. This VAT will be the applicable rate at that time for the type of services rendered. Any other tax imposed on the service supplies will be added to the amount of the contracted services.
The Client can pay the services through the payment options outlined below:
All payments shall be made in USD ($) by the following methods:
- - Credit Card
- - Paypal
- - Debit credit
7.2 Data Modification:
It is the Client’s responsibility to keep Discoverfy properly updated on any change of bank card, paypal account, or current account for the charge of the provided services. If the Client fails to do so, he/she commits to paying all the expenses arising from the cost of the returned bills for this reason.
7.3 Price Revision:
When the contracted requests are consumed, the client might be charged with an extra cost based on the number of extra requests consumed. It should be the Client who has to contract another service period if they want to upgrade or downgrade their conditions.
7.4 Overdue Payments:
The maturity of invoices occurs on the date of issuance. From this given date, they shall be considered as late payments.
7.5 Suspension for non-payment:
If the client does not pay the amount owed in a period of 15 days, Discoverfy will temporarily suspend the use of its service to the client. The duration of the suspension will last until the client pays the amount owed to Discoverfy.
Discoverfy will cancel the client’s subscription for the breach as in Section 9.3, within 30 days of the date of the invoice.
The Client will not be able to make any payments to Discoverfy for the services with a reduction of the taxes that the rendered services levy. If Discoverfy is compelled to collect or pay taxes, these taxes will be invoiced to the Client, unless he/she provides Discoverfy with a valid tax exemption certificate issued by the competent tax authority.
If the enforced laws require the Client to withhold taxes from his/her payments to Discoverfy, he/she should provide an official tax certificate or any other relevant document to Discoverfy in order to justify such obligations.
9. Client Obligations
9.1 The Client should, at all times, make a correct use of the contracted services and undertakes to maintain the strictest confidentiality relating to the access account as well as the access password to the Client’s private area provided by Discoverfy. The Client expressly accepts that the access account and password, and the Client’s private area content are confidential, non-transferable and do not have a commercial use.
9.2 The Client expressly undertakes not to use Discoverfy services to include racist, xenophobic or pornographic contents and, in general, nor to produce, suggest or encourage executing any activities prohibited by law.
9.3 The Client undertakes to pay Discoverfy services according to the Particular and General conditions established at the beginning of the contract and in their successive updates.
9.2 The Client’s obligations regulated by the present General conditions constitute essential terms of the current contract. In case of a breach of contract of whatever of the aforementioned terms, Discoverfy shall be free to suspend immediately the contracted services, without detriment to the damage compensations that may derive from such breach.
10. Discoverfy Obligations, Responsibilities and Guarantees
10.1 Discoverfy offers its services with a reasonable level of competence and diligence from the commercial point of view and we hope you enjoy using them. Nevertheless we cannot offer guarantees in relation to some aspects of our services.
10.2 Neither Discoverfy or its suppliers or distributors offer specific guarantees for the services distinct from the ones expressly established in these conditions. For example, Discoverfy does not offer any guarantee in relation to the service contents, its specific functions, reliability, availability or capacity to satisfy your needs. The services are offered “as such”. It is you who decides whether to contract them or to end them if they do not satisfy your expectations.
10.3 Some legal systems establish specific guarantees, such as an implicit commerciality guarantee, suitability for a particular purpose and of contract breach. As much as the law permits, Discoverfy excludes all guarantees.
10.4 In the cases permitted by law, neither Discoverfy, its suppliers or its distributors will be responsible for profit, income or data losses, financial losses or indirect damages, special, derived, exemplary or punitive.
10.5 As much as the law permits, Discoverfy’s total coverage, and that of its suppliers and its distributors for any reclamation related to these conditions, included any implicit guarantee, will be limited to the amount that you have paid to use the services (or, if Discoverfy decides to do so, to service resumption).
10.6 In no case, Discoverfy or its suppliers or its distributors will be responsible for any loss or damage which are not reasonably predictable.
The use of our services does not make you the titleholder of any of these intellectual property rights, or of the contents you gain access to. These conditions do not give you the right to use the trademarks or the logotypes used in our services. Do not eliminate, occult or alter the trademarks, logotypes or the legal notices that are shown in our services.
12. Confidentiality, Data Protection and Security
12.2 In the rendering of the service we shall maintain administrative, physical and technical security measures in order to protect the security, confidentiality and integrity of your data. These security measures include the encoding of your data during transmission (the use of SSL technologies or similar) except certain external integrations of third parties that are not compatible with the coding.
13. Service Modifications and Resolutions
Discoverfy constantly changes and improves its services. For this reason, it is possible that we will add or eliminate certain functions or characteristics, and notice will be given well in advance of any changes that may affect the service.
Discoverfy can modify these conditions in order, for example, to reflect changes in the legal system or in the services. We recommend you to consult the conditions on a regular basis.
Discoverfy will publish notices related to the modification of these conditions on this same page. The modifications will not be applied retrospectively and they will come into effect in a period of not less than 15 working days after its publication date on the web.
Nonetheless, the modifications that affect new functions of our services or the changes made for legal reasons will come into effect immediately. If you do not accept the modified conditions of our services, you should stop using these services.
These conditions govern the relation between Discoverfy and you or your power grantor, and they do not generate any right that can benefit a third party.
If you do not obey these Provisions and Discoverfy does not take any action about it immediately, it will not be understood that Discoverfy resigns any rights at its disposal (as, for example, to take legal actions in the future).
In the case that a determined condition is not legally binding by law or by a court decision, the rest of the conditions will not be affected.
You can stop using our services at any given moment. Similarly, Discoverfy can stop providing its service or add or create new limitations at any given moment, with notice given in advance in order not to undermine the client’s service.
We consider that you are the owner of your data and that it is important to maintain your access to them. If we interrupt a service, in the cases that it is possible, we will inform you with sufficient time and we will permit you to extract the information from the service.
Both parties are empowered to annul the present contract in the event of concurring any of the general annulling reasons established by law and, in particular, in the event of contract breach.
14. Regulations and Legislation
Both Discoverfy and the Client accept to submit to the exclusive jurisdiction of Barcelona Courts (Spain) to resolve claims derived from these conditions or from Discoverfy services.
The laws in force in Spain will apply to any lawsuit that derives from these conditions or from the services or that it is related to them, without the dispositions having any effect on the conflict of laws.
If any disposition from these conditions is considered by a court of competent jurisdiction as inapplicable, the rest of the dispositions in these conditions will remain in force.
15. Non Renouncement
The failure by Discoverfy to enforce any of the terms of these conditions at any particular moment does not imply the renouncement of such dispositions or any other of the dispositions.
The Client accepts that Discoverfy can include the Client’s name or the elements of his/her trademark in a list of Discoverfy Clients on-line, in its website or in promotion or publicity materials. In addition, the Client accepts as well that Discoverfy may derive orally the Client as a Client of Discoverfy products and services in accordance with what has been stipulated in this contract.