General Conditions of Use of LiveBeep Software

The Web2web Innovation S.L., company, with registered offices in Juan Bravo 3 A, 28006 Madrid, Spain, and T.I.N. B-86364130 is the owner of the platform Livebeep (www.livebeep.com), a SaaS service that allows, among other functions, multi-channel communication and the creation of online marketing campaigns and promotional content. Hereinafter throughout these General Conditions of Use Livebeep may be designated as the “Platform”.

The services provided by Web2web Innovation S.L. through Livebeep are subject to the following General Conditions of Use. In contracting our services and through the acceptance of the present General Conditions of Use or Contract, the Client states that it has read and accepted the content of the same, as well as the content of the specific conditions that may apply in its case. These are the only General Conditions of Use applicable to the contracting of the services of Web2web Innovation S.L. (notwithstanding that specific conditions may exist for certain services that the Client shall accept) and they replace whatever other conditions that may have been agreed with the Client.

Web2web Innovation S.L. reserves the right to make as many modifications as it considers appropriate to the present General Conditions of Use at any time, in which case it shall advise the Client within a period of no less than one (1) month before the date on which such modifications become effective.

You can call telephone nº: (+34) 91 436 73 82 or Fax to nº: (+34) 91 141 26 26 with any question. Likewise, you may make contact via mail to the registered address indicated in the present section or by e-mail addressed to contact@web2web-innovation.com.

“Client”: physical or legal person who has contracted with Web2web Innovation S.L. for a licence to use the Livebeep software.

"Domain": unique name that identifies the Client's website on the Internet and hosts the Script that allows interaction with Livebeep.

“Administrator”: person or persons designated by the Client to use Livebeep and to manage its different functions through the User Account assigned to the Client.

“Operator(s)”: person(s) authorised by the Client and registered at the Platform by the Administrator to, among other functions, manage the Client's communication with Website visitors, contacts or customers of the Client through Livebeep.

"Subscription Plan(s)": plans published on www.livebeep.com that define the contracting modality of the Livebeep user license by the Client.

“SaaS”: acronym meaning “Software as a Service”. 

“SaaS Services”: services provided to the Client by Web2web Innovation S.L. through Livebeep. 

“Personal Data”: all the personal data and information that allows, directly or indirectly, the identification of a physical person: first/middle name(s), surname(s), date of birth, postal address, telephone number, e-mail address, etc.

“User Account”: remote software management interface hosted at the domain www.livebeep.com which allows:

(i) the Operator to access the communication and/or marketing tools of Livebeep and make use of them to interact with third parties, among which are the visitors of the Client's website and Customers of the Client;

(ii) the Administrator to access the various configuration options and different resources of Livebeep, including the functions of the Operator's User Account.

The User Account is associated with a personal and non-transferable username and password.

 

2.1. The purpose of the present General Conditions of Use is to establish the terms and conditions by virtue of which Web2web Innovation S.L. will provide the Client with the SaaS services through the Livebeep Platform by means of the interaction of the same with the website of the Client.

2.2. Livebeep has, within its different Subscription Plans published on www.livebeep.com, standardized functions to which may be added, at the Client’s request, optional modules and tailor-made configurations developed by Web2web Innovation SL or its providers. By way of example and not limited to, the Livebeep Platform offers the following functions:

(i) manage the communication of the Client with its website visitors, contacts or clients, through various channels such as, for informative but not limited purposes, e-mail, mailing, livechat, chatbot;

(ii) create and manage marketing and advertising campaigns, based on tools that allow the analysis of visitor behavior on the Client's website;

(iii) evaluate the performance of the marketing campaigns carried out by the Client or by third parties for the Client;

(iv) create advertising and corporate content to enhance the Customer's brand.

2.3. In addition to the functionalities described previously, the Livebeep user licence includes:

(i) the right to the remote use of Livebeep in SaaS mode;

(ii) hosting and backup copies of the Client's data;

(iii) access to a remote administration interface, the User Account;

(iv) technical assistance. 

2.4. Likewise, Livebeep offers the possibility of synchronising data generated through the Platform with third-party applications, such as, by way of example but not limited to: Mailchimp Acumbamail, Pipedrive, InfusionSoft, Hubspot, Teamleader, SalesForce. In order to be able to be able to implement the integration with third-party applications, the Client shall be enrolled in or registered with those applications with which it wishes to carry out the synchronisation of data. In this sense, the Client shall have contracted expressly the services of those applications specified having accepted the corresponding contract conditions, as well as their privacy policy and the treatment of Personal Data.

2.5. Livebeep allows the Client, by means of an API, to extract those data that are included in the enquiries made to the Client so that they can be integrated into their own CRMs. This API requires login passwords which only the Administrator of the User Account can have.

2.6. Web2web Innovation S.L. offers different Livebeep Subscription Plans and optional modules, whose services, prices and payment methods vary given that they offer different functionalities. The Client can consult detailed information on these plans at www.livebeep.com.

2.7. In contracting Livebeep the Client shall enjoy, first, a free trial period of ten (10) calendar days to use the Livebeep plan it chooses from the website. Once this free trial period has passed, the Client has the possibility of choosing from the following options:

(i) contracting the plan it has enjoyed the use of during the trial period or contracting a new plan from among those offered by Web2web Innovation, S.L. on its website. In either case the Client shall make the payment indicated on the corresponding Invoice or Order form;

(ii) contracting the free and limited "Livebeep Lite" through which the Client can enjoy specific Services for free. The free version does not involve the use of any of the Livebeep plans listed in Section 2.6. Without prejudice to that stipulated in the present General Conditions of Use, the provisions of Clause 13 are applicable to the free version of Livebeep Lite;

(iii) if the free trial period has passed and the Client has not indicated whether it wishes to contract a plan or if it prefers to contract the free version of Livebeep, Web2web Innovation will immediately enrol the Client in the free service of Livebeep Lite.

2.8. Web2web Innovation S.L. states that the plan contracted by the Client, as well as the total price, the form and method of payment and any other detail that applies to the Client shall be specified on the Livebeep website. Web2Web Innovation S.L. shall confirm all the details of the contract by means of an Order form sent to the e-mail address of the Client once Livebeep has been contracted. 

2.9. In accordance with the foregoing, the contracting of the plan which, where appropriate, the Client wishes to contract shall be formalised when the Client makes the payment due according to the amount indicated on the Invoice or Order form that Web2web Innovation S.L. sends.

3.1. In order sign up as a Livebeep client, the Client shall complete an online form available on the Livebeep website and accept the present General Conditions of Use. To have access to the Livebeep SaaS Services, the Client shall enable a computer script on the pages of its website and enter its online User Account.

3.2. To that end Web2web Innovation S.L. shall have previously sent the Client:

i) a computer script that the Client shall correctly enable on the pages of its website, allowing the proper interaction between the website(s) of the Client and Livebeep. The Client will not be able to access its User Account until the script has been correctly installed on the Client's web pages;

ii) a user name and password that allow the Client to use Livebeep and enter its online User Account as Administrator. The trial period will not begin until the Client accesses it User Account for the first time.

3.3. Web2web Innovation S.L. shall activate the User Account for the Client for a trial period of ten (10) calendar days. The starting date of the trial appears in the Client’s User Account under the heading "Configuration" in the Client profile. The Client shall update the Personal Data in its User Account so that the information contained in it is always up to date and error free.

3.4. The User Account shall be managed by the Administrator(s) designated by the Client, for the purpose of monitoring all the actions that are performed through Livebeep. The Administrator may, in turn, designate different Operators so that they too have access to the Platform and can perform the different functions included in the contracted Subscription Plan. Upon the first access to the User Account both the Administrator(s) and the different Operators shall accept the current General Conditions of Use.

3.5. Livebeep allows the Administrator to have access to all the messages that are exchanged between the Operators and the users and visitors to the Client's website, so that the Administrator can monitor all the e-mails that the Operators send through the Platform.

In this regard, the Client expressly covenants to inform the Operators that the Administrator will have access to the messages that they exchange with the visitors and users of the Client's website and, to that end, warrants that it shall obtain the express consent of the Operators to access that information.

3.6. The Client covenants to maintain the confidentiality of the computer script, the user name and the password that have been sent by Web2web Innovation S.L. The Client shall ensure that no unauthorized person has access to these keys and shall be solely responsible for the consequences of any such revelation, theft or loss of the same. Every connection to the Service under the user name and password of the Client is assumed to be made by the Client. In the case of illicit use, piracy or falsification of the Client’s user name and password, Web2web Innovation S.L. reserves the right to interrupt access to the SaaS Services, hereby serving notice that such interruption shall not carry any indemnity for the Client nor shall it affect the amounts that the Client must pay to Web2web Innovation S.L. for the services covered by the present General Conditions of Use.

4.1. The Client shall enjoy a licence to use Livebeep for a period of one (1) year from the date its trial period finishes as shown in the Client's User Account.

4.2. Once the trial period has passed and contracting of the service has been formalised, the present General Conditions of Use shall be renewed by tacit agreement for time periods of the same duration, except when, by means of written communication sent by any one of the parties to the other, the desire not to extend the Contract is communicated, as long as such communication is sent one (1) month prior to the ending date of the Contract, which date is calculated from the commencement of activity indicated in the Client’s User Account. 

4.3. Contracting Livebeep has a minimum term before rescission or withdrawal of three (3) months.

4.4. The Client may rescind or withdraw from the present Contract in accordance with the conditions elaborated in Clause 12.

5.1. Web2web Innovation S.L. grants to the Client a non-transferable and non-exclusive licence to use Livebeep only within the terms and conditions set forth in the present General Conditions of Use.

5.2. The use of Livebeep is limited to the number of Domains, Administrators and Operators defined by the rate subscribed to by the Client and specified on the Order form and/or invoice delivered to the Client by Web2web Innovation S.L. Web2web Innovation S.L. shall assume no liability for the actions carried out by the Administrators and Operators through the Livebeep Platform, whose liability is completely assumed by the Client.

5.3. The Client shall not allow third parties to enter Livebeep, nor shall they allow its use by persons that are not designated as Administrators or Operators for whom they are liable, or who take actions outside the limits defined in the present General Conditions of Use. The Administrators and Operators shall be fully liable for the use of the User Account. They shall be liable for the proper safekeeping and confidentiality of the User name and/or passwords that permit access to the Account, and covenant not to grant its use to third parties, whether temporarily or permanently, nor allow access to it by third parties. Web2web Innovation S.L. shall not be liable for the unauthorised access by third parties nor the injury that such might cause the Client.

5.4. The Client may not market, grant, resell, distribute nor subcontract this licence, whether totally or partially, to any third party.

5.5. The rights granted to the Client under the present General Conditions of Use shall be extended to whatever update or new version replaces or completes Livebeep, so long as such modifications do not or such a new version does not contain their/its own specific conditions of use.

5.6. The licence to use Livebeep shall only apply during the life of the contract and shall immediately expire at the end of the contract. The user name and password which allow the Client to enter its User Account shall be deactivated when the contractual relationship with the Client has been terminated.

6.1. Livebeep, the improvements or modifications provided to the Livebeep Software, the computer applications, as well as the designs, texts, images, logos, icons, commercial names, brands or any other symbol included in Livebeep have been created by Web2web Innovation S.L., which retains all the intellectual, industrial and any other rights over said software and its elements, which shall not be subject to subsequent modification, copying, alteration, reproduction, or adaptation by the Client.

6.2. The structure, characteristics, codes, work methods, information systems, development tools, methodologies, processes, technologies and algorithms of Livebeep are the property of Web2web Innovation S.L. or of its providers, having been, in the latter case, subject to licence or transfer on the part of the providers of Web2web Innovation S.L. These elements and those indicated in Section 6.1. are protected by rules in effect in terms of intellectual and industrial property, specifically, by Legislative Royal Decree 1/1996 of 2 April, by which the consolidated text of the Intellectual Property Law, regularising, clarifying and reconciling the legal provisions in force regarding the material (hereinafter, "IPL"), being prohibited the copying, modification, alteration, reproduction or adaptation of any element of Livebeep on the part of the Client.

6.3. All the material associated with Livebeep, including, but not limited to: user manuals, texts, graphic design, databases, videos and audio aids, are the property of Web2web Innovation S.L. or of its providers and may not be the object of subsequent modification, copying, alteration, reproduction, adaptation or translation by the Client.

6.4. Making Livebeep and its associated materials available to the Client in no way implies either the transfer of the property or the granting of a right of use to the Client beyond the provisions of the present General Conditions of Use.

6.5. As a consequence, all use of Livebeep or its associated materials by the Client without the authorization of Web2web Innovation S.L. is strictly prohibited, including its operation, reproduction, diffusion, transformation, distribution, transmission by whatever medium, subsequent publication, exhibition, public communication, which actions, if taken, shall constitute infractions as regards the Intellectual and Industrial Property of Web2web Innovation S.L., and, as a consequence, Web2web Innovation S.L. shall file the judicial complaints it considers appropriate against the Client for the purpose of recovering the damages caused by the breach of its Intellectual and Industrial Property rights.

7.1. The Client shall only use Livebeep in accordance with the ends set forth in the present General Conditions of Use.

7.2. The Client covenants to use Livebeep in accordance with the laws and regulations in force, as well as public policy and mores. In this regard, the Client essentially covenants to respect the regulations regarding copyright and the protection of Personal Data. The Client fundamentally warrants that its use of the Service:

(i) does not violate the provisions of the previously signed Contract;

(ii) does not infringe on the copyrights of third parties nor on the protection of minors or human dignity;

(iii) is in accordance with the regulations specific to its business activity;

(iv) respects the demands of applicable laws and regulations;

(v) contains no inaccurate, false information of any nature that might mislead;

(vi) contains no content information or data considered illicit, offensive, libellous, injurious, defamatory, racist, xenophobic, obscene, insulting, threatening or discriminatory;

(vii) is not susceptible to compromising the liability of Web2web Innovation S.L. or harming its image.

7.3. The Client is obligated to include the pertinent legal texts (legal notice, privacy policy, cookie policy and, as appropriate, terms and conditions or whatever other text may be needed) on the web pages that it registers on the Platform in accordance  with that stipulated by the regulations that apply concerning data protection, information society services or electronic commerce, as well as the protection of consumers and users. If applicable, it shall comply with the appropriate European and Spanish regulations and, specifically, with Organic Law 15/1999 of 13 December on the Protection of Data of a Personal Nature (hereinafter, "OLPD"), Royal Decree 1720/2007 of 21 December by which was approved the implementing regulations of the OLPD (hereinafter, "ROLPD") and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (hereinafter, "LISS-EC").

7.4. The Client shall install the Livebeep computer script provided by Web2web Innovation S.L.  on its web pages for the installation of the Platform and its functionalities, strictly following the instructions provided for that purpose. Accordingly, Web2web Innovation S.L.  shall not be liable for the errors or lack of diligence of the Client in the implementation of that script on its web pages.

7.5. Regarding the management and publication of contents for communications and online marketing campaigns performed through Livebeep, the Client covenants that this content does not include:

(i) illegal activities (advertisements that constitute or promote illegal activities or that include obscene or defamatory content);

(ii) tobacco or drugs (advertisements that promote or facilitate the use of tobacco or drugs);

(iii) firearms or explosives (advertisements that promote the use and/or sales of firearms and/or explosives);

(iv) sexual content (advertisements that include images or text with sexual content, such as advertisements that promote the consumption of pornography or prostitution);

(v) violence (advertisements that promote violence and/or that include, without any limitation, sexual violence or violence against animals or people);

(vi) demeaning content (advertisements that are intimidating, threatening, demeaning or that in any way promote violence against a specific group or person);

(vii) knock-off products (advertising that promotes the merchandising of imitation or fake goods).

7.6. The Client expressly accepts that whatever brand, trademark, commercial name, creativity, text, image or content included in its messages and online marketing campaigns are owned by the Client, or, if not, that the Client holds all the Intellectual and Industrial Property rights or related rights contained in the IPL. Accordingly, the Client is obligated to hold Web2web Innovation S.L. harmless with respect to whatever loss, claim, penalty, damages, liability and/or expenses related to any violation of any Intellectual or Industrial Property Right of a third party that the Client incurs a result of the services under this Contract. As well as in relation to the content of the messages and online marketing campaigns to which the present Contract refers.

7.7. The Client shall be liable for any damages which Web2web Innovation S.L., other clients of Web2web Innovation S.L. and/or third parties may suffer as a result of a breach on the part of the Client of the obligations assumed relative to the General Conditions of Use.

7.8. In order to verify compliance with the present General Conditions of Use on the part of the Client and to guarantee the security and proper use of Livebeep, Web2web Innovation S.L. reserves the right to perform any type of monitoring and/or auditing it considers appropriate.

The fees, prices and form of payment selected by the Client shall be those specified on the Livebeep website (www.livebeep.com) at the time the Services are contracted. Specifically, the following conditions shall apply to the fee, price and form of payment:

8.1. The invoice shall be electronic and shall be delivered to the Client after the end of the trial period in the event that the Client finally decides to contract any of the Livebeep plans. The invoice shall specify the Subscription Plan and any optional modules contracted by the Client, as well as the fee thereof, the total amount to be paid, the form of payment applicable and the duration of the Service. By means of the acceptance of this Contract, the Client agrees to receive in electronic form the invoices which Web2web Innovation S.L. issues for the provision of the services.

8.2. In the User Account, the Administrator will have access to the invoices that Web2web Innovation S.L. issues for the provision of the service. The Client shall pay the invoices by means of bank card, direct debit or bank transfer, depending on the method of payment chosen by the Client.

8.3. Single payment: the Client shall pay the full amount specified on the invoice as payment for the Livebeep user licence within a maximum of ten (10) calendar days after the end of the trial period. The amount to be paid shall correspond to the whole service contracted for a one annual period.

8.4. Instalment payments: the SaaS Services will be billed to the Client monthly, quarterly or semi-annually from the date of the end of the trial period. Instalment payments shall be made only by direct debit or bank card. Web2web Innovation S.L. will automatically send the corresponding bank draft order at the end of the monthly, quarterly or semi-annual period, according to the option chosen by the Client.

8.5. Fees for the Livebeep licence and the SaaS Services are valid for one (1) year and shall be renewed for that same period of time each year. In the case in which Web2web Innovation S.L. raises its prices over and above the Spanish CPI (Consumer Price Index), it shall inform the Client before the expiration date of the contract so that the Client may make an objective decision with respect to renovation of the same. In no event shall the price be changed during the year in which the contract is in effect.

8.6. Annual payment for renovation of the Contract with Web2web Innovation S.L. shall be paid by the Client at the end of one (1) year from the date of the end of the trial period indicated on the Client's User Account. In the case of having made the initial payment by means of direct debit or bank card, Web2web Innovation S.L. shall automatically send the bank draft order at the end of the last annual period paid for.

8.7. In the event payment is not made on the part of the Client in accordance with the prices and payment periods established, Web2web Innovation S.L. reserves the right to suspend the service or terminate the Contract immediately in those cases in which the Client breaches that stipulated in the present Contract, especially when the Client is late in paying the invoices that Web2web Innovation S.L. issues. Likewise, Web2web Innovation S.L. reserves the right to claim the accumulated interest from the Client and that are set out in Article 7.2 of Law 3/2004 of 29 December, by which were established measures to fight against delinquent payment in trade operations and the damages caused (including as applicable, fees for lawyers and procurators and other expenses incurred as a result of non-payment, both for consequential damages and loss of profit).

9.1. Web2web Innovation S.L. shall provide the SaaS Services directly, with its own means or through collaboration with third parties. In particular, Web2web Innovation S.L. shall be able to subcontract all or part of the servers that host Livebeep as well as email sending services to specialized companies in the sector, for which the Client expressly authorises said subcontracting of Services by Web2web Innovation S.L. by means of the acceptance of the present General Conditions of Use.

9.2. Web2web Innovation S.L. is expressly subject to a simple best-efforts obligation and shall not be liable for malfunctions of Livebeep. Accordingly, the Client accepts that Livebeep may not work uninterruptedly or without errors. Web2web Innovation S.L. shall incur no liability if its server is unavailable as a result of a force majeure, in unforeseeable circumstances such as, but not limited to: a failure in the electrical grid, natural causes, failures in the telecommunications networks, losses of connection to the internet due to public or private operators and in general, technical failures beyond the control of Web2web Innovation S.L.

9.3.  Accordingly, Web2web Innovation S.L. reserves the right to suspend access to the service, particularly in the following cases:

(i) for the maintenance needs of Livebeep (including applicable updates);

(ii) to improve Livebeep or install new functionalities;

(iii) to verify/audit the functioning/use of Livebeep;

(iv) to handle any incident in the event of a failure or possible failure.

In no case shall Web2web Innovation S.L. owe the Client any indemnity or payment of any amount whatsoever as a consequence of the events indicated in this paragraph.

9.4. In the event of technical malfunction of the servers, Web2web Innovation S.L. commits to working as hard as possible to solve the problem. It is specifically stated that Web2web Innovation S.L. shall in no case be liable for technical problems arising from the computer equipment or the internet connection of the Client.

9.5. Livebeep shall be available for use via the internet 24 hours per day, every day of the year, on the following terms: annual availability of 99% from Monday through Friday and annual availability of 95% on weekends, beginning at 24:00 CET on Friday to 00:00 CET on Sunday (CET: Central European Time).

9.6. Web2web Innovation S.L. shall provide technical assistance online and by telephone from Monday to Friday during its office hours that are from 9:00 CET to 18:00 CET, except holidays in the city of Madrid. The period for dealing with the repair of incidents will be calculated according to the seriousness of each incident:

(i) minor incident: 72 hours;

(ii) serious incidents: 48 hours;

(iii) very serious incidents: 24 hours.

To request technical assistance, the Client shall contact Web2web Innovation S.L. via e-mail at contact@web2web-innovation.com o by calling telephone number (+34) 91 436 73 82.

If the Client experiences an incident at the weekend, it shall also contact Web2web Innovation S.L. so that they can analyse the situation and remedy said incident.

9.7. Web2web Innovation S.L. cannot, in any case, be liable for losses of whatever nature, including, but not to be limited to: monetary or non-monetary losses, direct or indirect losses, secondary or incidental losses, lost profits, lack of earnings resulting from the use or the temporary inability to use Livebeep, and/or the inaccuracy of any information that the Client may send to third parties via Livebeep.

9.8. In the case that Web2web Innovation S.L. should be found to be liable for the errors produced in Livebeep, the indemnity that Web2web Innovation S.L. would have to pay in such case  shall not exceed the total amount received by Web2web Innovation S.L. as a consequence of the present Contract.

10.1. All the data received, processed or produced by the Client, in whatever format (text, image, video or sound), by means of Livebeep are hosted by the company Web2web Innovation S.L. on its servers and stored in databases allotted to the Client. The totality of these data is reserved for the exclusive use of the Client.

The parties state that they know and comply with the Spanish and European laws regarding the protection of Personal Data and, specifically, with Organic Law 3/2018, of December 5, and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27 2016.

11.1 Obligations of the CLIENT

The Client, as the party responsible for the file of Personal Data it collects from its users, states it complies with the principles established by the laws in effect regarding the protection of Personal Data, and specifically warrants:

(i) That it complies with the duty of disclosure established in Article 5 of the OLPD in such a way that the Personal Data contained in its database have been obtained from the parties concerned and/or with their express consent by means of the online or offline completion of forms, which parties have been expressly, accurately and unequivocally advised prior to the time of the collection of their Personal Data:

a) of the existence of a data file or the processing of Personal Data, of the purpose for the collection of those data and of the end users of the information;

b) of the consequences of the collection of the data and of the refusal to provide them;

c) of the possibility of exercising their rights of access, rectification, cancellation and objection;

d) of the identity and address of the Client in its role as the party responsible for the file.

(ii) That it has informed the user of the explicit and legitimate purposes for which the Client is going to use their data, as well as the development of profiles and segmentation of the data or the transfers that may be made. 

(iii) That it complies with the requirements established in Chapters I and IV of Title III of the ROLPD regarding the exercise of the rights of access, rectification, cancellation and objection, and that in its electronic messages it offers the users the possibility of opposing the processing of its data for promotional purposes by means of a simple and free procedure, both at the time of the collection of the data and in each of the sales communications it sends to them. Accordingly, the Client is obligated to include in its commercial communications an e-mail address of the Client's or another valid e-mail address where this right may be exercised, being prohibited the sending of messages that do not include said address.

(iv) That it complies, where applicable, with the obligations established in the LISS for the sending of commercial messages.

(v) That, where applicable, it complies with that stipulated in Articles 45 and following of the ROLPD which establish the requirements that must be guaranteed in processing data for advertising and commercial research.

(vi) That it periodically checks the common Data Files jointly excluded from the sending of commercial communications for the purpose of avoiding that they be the object of the processing of data of users who have stated their opposition to or rejection of the processing of their data, in accordance with Article 48 of the ROLPD.

(vii) That it has deployed security measures at the level which conforms that established in the OLPD and ROLPD and that said security measures are collected in a Security Document which the personnel of the Client know and with which they are obligated to comply.

(viii) That the Personal Data are handled only by those employees whose action is needed for contractual purposes and it shall advise said employees of their obligations regarding the protection of Personal Data, ensuring compliance with the same.

(ix) That it shall not use nor dump data with Medium and/or High protection by means of Livebeep.

(x) In any event, the Client warrants to Web2web Innovation S.L. that it complies with that established in Article 21 of the LISS and, accordingly, the Client is obligated to adopt the necessary measures to demand compliance with the duties of disclosure and obtaining of the consent  of the user with regard to "cookies" in accordance with that stipulated in the LISS.

The Client shall be liable to third parties, to Web2web Innovation S.L. and to the users sent the commercial communications for any damages whatsoever, including sanctions imposed by the Spanish Data Protection Agency or organisms that may replace it, caused by non-compliance with these conditions or with the regulations for the protection of data, expressly exempting Web2web Innovation S.L. from any non-compliance in the matter of data protection on the part of the Client.

11.2. Obligations of Web2web Innovation S.L.

In those cases in which Web2web Innovation S.L. may have access to the Personal Data included in the file under the responsibility of the Client, Web2web Innovation S.L., as the entity in charge of data processing, commits to:

(i) Treating the data in accordance with the instructions of the Client and not applying or using them for any purpose other than that agreed to between the parties, or communicating or transferring the data, not even for their maintenance, to other persons without the consent of the Client.

(ii) Adopting the measures of a technical and organisational nature needed, established in Article 9 of the OLPD and the ROLPD, as well as any other implementing regulations that avoid alteration, loss, processing or unauthorised access, in view of the state of the art of the technology, the nature of the data being processed and the hazards to which they are exposed. Specifically Web2web Innovation S.L. shall adopt basic level measures.

(iii) Destroy or return to the Client, within thirty 30 days of the end of the Contract, whatever data of a personal nature to which it may have had access by virtue of the present Contract.

Likewise, Web2web Innovation S.L. covenants to provide to the Client all those necessary technical data required by the Client to make possible the use and advantages of Livebeep, as well as cooperating with the staff of the Client for the purpose of maximising the use and advantages of Livebeep.

12.1. The Client may rescind the SaaS Service unilaterally and without any cost in the period of fifteen (15) calendar days after the date of activation of its User Account, notifying Web2web Innovation S.L. by e-mail at the following address: contact@web2web-innovation.com.

12.2. Once the cited period of fifteen (15) calendar days has ended, the Client may rescind the present Contract unilaterally by means of written request and providing prior notice of one (1) month, respecting in any case the minimum period of three (3) months as provided in Clause 4. Every month begun shall be paid for. In case of Rescission of the Service before the expiration of the minimum three (3) month period, the Client shall be liable for the amount to cover said period.

12.3. In the event of the termination of the Contract, Web2web Innovation S.L. shall refund to the Client any amount that it had paid in advance such as a single payment or instalment payment for months not used, except for the month under way, as long as the Client has complied with the conditions applicable to the minimum term of three (3) months.

12.4. Within a period of one (1) month following the expiration of the Service, the Client may, by written request, ask for a copy of its database, but only in the format used in the Livebeep computing environment. The transmission of the database copy is conditioned on the Client’s payment to Web2web Innovation S.L. of all amounts owed at the time of the end of the service or the Rescission of the Contract. Web2web Innovation S.L. in no way guarantees the compatibility of the aforementioned format with other computer applications.

13.1. In the event that once the trial period has passed the Client does not contract any of the paid plans stipulated by Web2web Innovation S.L. on the website, the Client shall become a designated "User" and shall be enrolled in the free service of Livebeep Lite that permits, among other functions, multi-channel communications by internet and the publishing of commercial content through its website. 

13.2. Without prejudice to the General Conditions of Use specified in the present Contract that may be applicable to the free version, the following specific conditions shall be applicable to the User who contracts the free Livebeep Lite service:

(i) The User Account shall be managed by an Administrator designated by the User. The use of Livebeep Lite is limited to only one User Account.

(ii) These Specific Conditions become effective from the date of the start of activity in Livebeep Lite. The date of the start of activity is recorded in the User Account under the heading "Configuration" in the User profile.

(iii) The User enjoys a licence to use Livebeep for free for a period of one (1) year from the date of the start of activity indicated in the User Account. Once this period has passed, the present General Conditions of Use shall be renewed by tacit agreement for time periods of the same duration, except when, by means of written communication sent by any one of the parties to the other, the desire not to extend the Contract is communicated, provided that such communication be sent one (1) month before the ending date of the Contract.  The General Conditions of Use shall not be renewed if Web2web Innovation S.L. detects that the User has deactivated its account system for a period of two (2) months, in accordance with that stipulated in the last point of this Section.

(iv) The use of the Livebeep Lite software as defined in the present Conditions is free.

(v) The user licence for the Livebeep Lite software grants no right to any type of technical assistance.

(vi) The user licence of the Livebeep Lite software is limited to the following services: contact invitations, management of chat and e-mail, predefined response editor, storage of files in the cloud, content editor, statistical reports, diary, contact list and visitor panel (panel that offers information on the website activity of the User in the last 10 days).

(vii) Likewise, the services available for the user licence for Livebeep Lite software shall have the following limitations: shall have only one active Domain; shall have only one contact invitation active; cloud storage will be limited to 500MB; e-mails, chats, contacts and statistics will be kept for a maximum of 30 days; synchronisation services with third-party applications and the extraction of data via API shall not be available; the printing of contact invitations shall be limited to the generation of 20 contacts per day, once that number of contacts has been reached in a single day, contact invitations will stop being printed on the Client's website until 0:00 on the following day.

(viii) If the User so requires, Web2Web Innovation S.L. may provide other paid services to the User outside the SaaS Services subject to the present Contract.

(ix) If Web2web Innovation S.L. detects that the User does not have the system active on its website for a period of two (2) months, its account will automatically become inactive, the Client being notified in advance of this circumstance by e-mail. In this same notification e-mail, the possibility of contracting with Web2web Innovation S.L. in the event it wants to activate its account again will be offered.

14.1 Each party expressly authorizes the other to cite for free, at world-wide level, its corporate name as well as its brands and distinctive symbols in services, marketing materials and lists of clients or providers. Neither of the parties can use the brands or distinctive symbols of the other beyond that permitted in this Contract without the prior written consent of the other party.

15.1 Web2web Innovation S.L. may develop, for the purpose of integrating new functions or new services into Livebeep, several adaptations or evolutions of the Platform software. If, as a consequence of such adaptations or new versions, Web2web Innovation S.L. deems it necessary to modify the present General Conditions of Use, it shall notify the Client of such modifications and the Client shall accept them within the period set by Web2web Innovation S.L. in the corresponding communication, taking as a given that otherwise the user licence provided in the present General Conditions of Use shall expire.

16.1 The present Contract may be transferred by the parties to any legal structure or commercial entity whatsoever, so long as this fact is communicated to the other party two (2) months in advance and on the condition that the obligations established in this Contract are observed in full.

17.1 The General Conditions of Use of the present contract are governed by Spanish law. In the case of doubt, dispute or disagreement resulting from the interpretation or fulfilment of this contract, the parties expressly renounce any other jurisdiction available to them and submit to the jurisdiction of the competent Courts and Tribunals of the city of Madrid. All the translations of these General Conditions of Use are true to the original. However, any ambiguities or interpretations shall be resolved according to the interpretation of the contract written in Spanish.