.

1 IDENTIFICACIÓN

• Company´s name: AEGIS SECURITY S.L
• Registered office: C/ Constitució, 3, 4º 4ª. 08960, Sant Just Desvern, Barcelona, España.
• Corporate Tax Identification Number: B-63952485
• Public Register: Registerd in the Mercantile Register of Barcelona, Volume 37,967, Folio 75, Page B-313258, 1st entry
• Telephone and Fax number: +34 902 006 926 / +34 902 006 927
• E-mail: lopd@spamina.com

2 OBJECTIVES

We hope that all users know what rights and obligations they have when they visit our website by the following terms.

With this purpose, we inform users about their rights and obligations in relation to the contents, logos and trademarks included in the platform as well as the responsibilities that may arise from the use of the services provided by Spamina.

All users, expressly and unequivocally, agree to the use conditions and privacy policy, as well as different modifications and / or additional legal texts that could be included in the future. In case you do not agree with any of the conditions you should leave the website.

To interpretate these conditions, we believe that a person becomes a user at the moment he accepts the use conditions and privacy policy provided on the website as long as he visits the web.

3 RESPONSABILITIES

We garantee the proper funtioning of our web and its best conditions for our users. However, occasionally it may occur situations that may prevent their proper use, especially because of third party´s malicious interventions.

In this aspect, we indicate those situations in which we are not responsible for the actions of malicious users.They will have to assume all liabilities arising from those actions:

• In case that you see on the website or platform any information which is not put by us but by others who have no relationship with our organization.

• In case that the website and platform is not operational for technical reasons attributable to third parties or unpredictable causes or force majeure.

• In case that a user stores, disseminates, publishes or distributes in our website any defamatory, injurious, discriminatory material that incites violence or goes against morals, public order, fundamental rights, the public freedom, honor, privacy or image of others.

• In case that a user uses the web site or platform to enter any data, viruses, code, hardware or other electronic or physical instrument which causes damage to the systems of other users.

• Other legal responsibilities included in the software use license for products and services provided by Spamina.

If any of the contents accessible through the website or platform is contrary to the current regulations, we promise to withdraw it immediately as soon as we know and have corroborated the facts. We invite all users to detect such content and inform us in the shortest time as possible.

4 INTELLECTUAL AND INDUSTRIAL PROPERTY

We are deeply committed to protect and defend the rights of intellectual and indusrial property. Therefore, we inform you that:

• In no case it could be interpreted that we give users any right to exploit the included contents beyond what is necessary to use them.

• We guarantee that all contents we provide are original and adapted to the current national legislations. All of them are protected by intellectual property rights. In cases that we do not have the ownership of any content, we have all the relating rights to public, distribute and / or reproduce them.

• All logos, trademarks and trade names included in the website or platform are property of us or third parties. In the last case, they have allowed us their use and / or exploitation.

• By no means the navigation in our website may imply the renouncement, transfer, license or total/partial transfer regarding the rights of intellectual and industrial property, except when the opposite is set by wrriten.

• None of the contents included in the platform can be downloaded, reproduced or used in any other device or place where is not our website, unless it has been authorized by us.

• For security reasons, it is not allowed to use frames or devices which could change the design, original form or the contents of our website.

• Regarding the links or hyperlinks, it is possible that we facilitate access to independent third-party´s websites that are directly related to the advertising shown and played in our website or platform. As these pages are not our property on which we have control, we are not responsible for their contents and / or operations.

If you find any contents that are contrary to the legislation or can be harmful to users, we invite you to tell us as soon as possible through the address below.

4.1 SPAMINA SOFTWARE USE LICENSE

I. Objective
The objective of this contract involves the transfer of a certain number of licenses to use the application software Spamina for which, and be always subject to the terms and conditions and within the limits established in this contract, Spamina transfers with revocable character, without exclusivity, temporarily, non-sub-licensablely, intransferablely and so onerously, the right to use the application. In any case, it must be understood that getting access to the application is a transfer of use and in no case a sale or transfer of ownership regarding to the same.

Since the application can be used from the computer system of the customer, it is granted the right to use it in limited, determined and subordinated ways, which are arranged in the present license, as well as duration thereof.

The client promises to use the computer application in accordance with the Law, this contract, as well as with the Morality and generally accepted good customs and Public Order.

This license will be applicable, unless otherwise is indicated, to all those products or services that Spamina sells to the market, either nationally or internationally.

II. Limitations and duty of custody

If the customer opts for the installation of the application in his own systems, he is promising to protect and guard the application. He is unable neither to transfer nor to transmit to third parties in any way, the rights acquired by this license, nor to allow, for title or under any circumstance the use by third persons or entities. It is absolutely prohibited to use the computer application for any other end which is not exclusively to satisfy the own needs of the customer and coincides with the proper aim of the application Spamina. Thus including, but not limited to that customers are not allowed to lease, loan, sell, and sublicense or carry out acts that imply the violation of the duty of protection to a property owned by others.

The client agrees not to use the application with illicit ends or effects, contrary to the established in this license and/or that could injure the rights and interests of Spamina, thirds, or in any way that could damage, disable, overburden or spoil the system and application, or could prevent the use or enjoyment of the computer application from the rest of users and customers. Spamina reserves the right to block the service in cases that any facts of this kind is detected.

The customer is strictly prohibited, including but not limited to, realize acts of inverse engineering, decompile, disassemble, reproduce, translate, modify, versioning, commercialize, duplicate, transform, or transmit to any person or entity, partially or in its totality, in any form or by any means, or eliminate any notice of property or authorship, without a previous authorization written by Spamina.

The application shall be used only and exclusively by the authorized customer to process their own data. It is not allowed to use the application to give direct or indirect services to other entities that could become customers, even though they belong to the same business group. This option will only be recognized if it is previously agreed in the original contract.

III. Responsability

Since this is a very complex software application and in which a large number of variables, many of which are indeterminate, and insofar as permitted by law, Spamina neither guarantees, nor can guarantee in any way, explicitly or implicitly, the results that could be obtained by using the computer application.

Unless particular provision to the contrary or specific regulation by Service Level Agreement, Spamina does not assume any responsibility for direct or indirect, incidental or spatial damages. This includes but not limited to any emergent damage or financial loss, interruption of the work, breakdown, mistake or losses, or any claim by third parties not party of this contract. Nevertheless, and whenever the regulation does not prohibit it, Spamina will assume as maximum responsibility, the financial amount proportional to the period remaining to the fulfilment of the current year. And in any case such amount shall not exceed the cost corresponding to 3 months of service. In no case, Spamina returnS entirely the amounts paid by the customer.

Spamina reserves the right to suspend or block the domain or domains when they are found affected, temporarily or even indefinitely, if any of these domains overcomes the expressly established limits, capacity of analysis and average of filtering. For these purposes and unless otherwise is indicated, it will be understood that the capacity of filtering and average analysis for domain have been overcome, whenever the average of the domain overcomes 500 e-mails received a day, the entire consumption in Mb overcomes the quantity of 100 Mb / day, or a remission of more than 1.000 e-mails is detected, in the course of 60 minutes, meaning in this case that the user is performing actions considered spam (unsolicited commercial communications). However, the parts of mutual agreement may establish limitations specific and adapted to the concrete characteristics of the entity.

In the same way and insofar as the contract informs previously the customer about the requirements that the system must have for the correct functioning of the application, the customer will be the only responsible for ensuring the compatibility of the application in connection with equipments, hardware, other softwares, operating systems, electronic components, Internet connectivity and / or bandwidth.

IV. Intellectual and industrial property

The software is an intellectual exclusive property of Spamina. It is protected by Spanish Intellectual Property Laws and by other applicable laws of the country where it is used. The structure, organization and codification of the software constitute valuable commercial secrets and confidential information of Spamina. Thus, the customer will have to therefore, treat the computer application in the same way as he would do with any other material with intellectual property rights and will not be able to copy the computer application, regardless of format or medium in which to do it.

The application Spamina has several modules submitted to alternative software licenses, property of Apache Software Foundation and of the Free Software Foundation. These modules remain submitted to their respective licenses and more concretely to the GPL license and the Apache’s license. In no case Spamina software should be considered as a derivative of these modules. It is only an expendable element of the proprietary application that developed by Spamina.

The granting of this license does not imply, implicitly or explicitly, the transfer of the rights of industrial and intellectual property of the computer application, the hardware, or the model of information and data processing.

The marks must be used in accordance with commercial uses, including reference to the name of the owner thereof. The marks may only be used to identify where appropriate in printed matters produced by the computer application, as well as to include it as customers’ reference in commercial proposals and/or the web site of Spamina. The use of any mark does not imply the granting of any rights of ownership over it.

If any customer believes that any existing content in the software has been introduced in it with violation of copyright or other protection rights of intellectual property, he shall communicate that fact to Spamina by sending notification via email with information about the concrete case.

V. Data Protection

Since the application software entails the processing of personal data such as IP address, user name and email address, in accordance with Spanish legislation on Data Protection, Law 15/1999 of Data Protection (Ley Orgánica 15/1999 de Protección de Datos ,LOPD) and Royal Decree (Real Decreto) 1720/2007, Development of the LOPD (RLOPD) Spamina informs you that your personal data will be processed in an automated file registered with the Register of the Spanish Agency of Data Protection (Registro de la Agencia Española de Protección de Datos, AEDP)

The collection and automatic processing of Personal Data aim to maintain the relationship with Spamina (filtering emails, provide Internet security services and reporting statistics with relevant information to the customer as well as making safety copies of emails). In any case, the customer may exercise his rights of access, rectification, cancellation and / or opposition against Spamina, by sending a request in writing to Aegis Security SL, CIF: B-63952485, C / Constitució, 3, 5 º 6 ª. 08960 Sant Just Desvern, Barcelona. Without prejudice to the possibility of exercising their rights, each user should be aware that when seeking the right of cancellation, it will be impossible to provide the service, which will suppose the rescission of the present License, without any right to compensation of any kind.

In the same way, and in so far as Spamina could fill the position of Processing Manager, it promises to comply completely with the obligation arranged in art. 12.2 LOPD. Spamina ensures that during the course of providing e-mail filtering service it will process personal data only to those who may have access under the customer’s instructions. It will neither apply or will use them with ends different from that provided in the present contract or in this software use license, nor communicate, even for its conservation, to third parties unless it is necessary to perform any exceptions arranged in art.21 of Royal Decree (Real Decreto) 1720/2007 RLOPD.

Spamina ensures that it has taken appropriate security measures in its facilities, systems and files. Thus Spamina guarantees the confidentiality of personal details. But it will reveal Personal Data and other information to the public competent authorities which are in their power or accessible through their systems, also if it is required in accordance with laws and regulations applicable to the case.

The customer guarantees and answers, in any case, of the veracity, accuracy, validity and authenticity of the facilitated personal details, promising to keep them duly updated.

VI. Duration

The license has a certain duration expressly indicated by means of annexes to the present contract. It begins to take effect from the moment in which it is activated. It is in any case subject to the complete compliance, by the parties involved in the present relation, with all the agreed obligations.

VII. Termination of the rights of the use license

Spamina reserves the right to exclude and / or to resolve, temporarily or permanently the customers or users in connection with the transfer of use in any of the following cases:

• For non-performance of any of the terms and conditions established in the present document.
• For non-performance of Laws, Morality, and Public Order.
• For having repeatedly exceeded the limits established in its case.
• For the fulfillment of the duration of the license

The exclusion of customers or users or the resolution of the transfer of use will not suppose the renouncement to take appropriate legal actions or claim compensations for damage if the customer had acted deliberately of bad faith, to damage the computer application or to harm directly or indirectly Spamina and / or its other customers.

All the rights that are not expressly provided or mentioned in this license are entirely and automatically reserved for Spamina. In no case the clauses contained in this document may be interpreted so as to allow in any way that its application could harm to Spamina, or conflicts with normal and legal exploitation of the application. Nevertheless, Spamia reserves the right to make periodic checks to verify the complete compliance by the customer with the conditions arranged in this license.

5 CONFIDENCIALITY AND DATA PROTECTION

In accordance with the Law 15/1999 of 13 December on the Protection of Personal Data, all personal data provided during the use of our website will be treated in accordance with the our Privacy Policy that every user must explicitly accept to use and log into our system.
Every user who accept the present conditions, accept informaly, expressly and unequivocally our Privacy Policy. Therefore, they have rights of access, rectification, cancellation and opposition regarding their personal data, they can exercise them according to our Privacy Policy.

6 DISPUTE RESOLUTION

For any litigation or matters related to our website or depends on it, Spanish law will be applied. The Courts and Tribunals of Barcelona, Spain are competent to resolve all disputes arising from or related to use of our website.
To submit claims on the use of our services, please contact by mail with the above email or post address, first of all we have to resort to a friendly solution in any case.