1. GENERAL INFORMATION
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce) you are visiting www.filkers.com (hereinafter the “Website”), owned by FILKERS, registered trademark of the company OVIXIA CONSULTORES, SL with address at C / Huertas, nº 8, 8º-G, 15003, A Coruña, and with CIF B-70535083, registered in the Mercantile Registry of A Coruña, Volume 3637, Folio 30, Section 8, Page C-56395.
Email: [email protected]
By using this website or by making and / or requesting the acquisition of a product and / or service through it, you agree to be bound by these Terms and Conditions and by our Policies previously mentioned, therefore, if not you agree to them, you should not use this Website.
For all those questions related to the Terms and Conditions, you can contact the owner through the contact information provided in the heading of this document.
2. THE USER
The access and use of the Website and its contents attributes the condition of User of the same and implies the acceptance without reservations by the User of each and every one of the conditions included in this document, in the version published at the time in that it is accessed.
The User undertakes to use the Website in a diligent and responsible manner for the contents and services that OVIXIA CONSULTORES, SL offers through its website, FILKERS, and by way of example, but not limited to, not to use them to:
(i) Engaging in illicit, illegal or contrary to good faith and public order activities;
(ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, of apology for terrorism or an attack against human rights;
(iii) cause damage to the physical and logical systems of OVIXIA CONSULTORES, SL of its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage;
(iv) try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
Likewise, the User agrees to:
(i) Make use of this Website only to make inquiries and / or legally valid purchases or acquisitions
(ii) Do not make fraudulent or false purchases. If it is considered that the User has made a purchase of this nature, it could be canceled and the relevant authorities would be informed.
(iii) Provide true and lawful contact information, for example, email address, postal address and other information (See Legal Notice).
Likewise, the user declares to be of legal age and have the legal capacity to enter into contracts through this Website.
3. SCOPE OF THE SERVICE OFFERED BY FILKERS
3.1. Conditions of service
Through FILKERS the user has access to the content and services for the automation of ad creation processes, as well as their publication in real time.
Notwithstanding this, and for the correct reproduction on their screens or devices of advertisements generated by the platform, it will be a necessary requirement that the user have FILKERS DIGITAL WINDOW software installed on their device, which can be downloaded through the url: [https://play .google.com=””] or, where appropriate, through the Google Play Store.
The Service and its content on the platform could be altered, replaced, modified or updated in the future. Changes, modifications or updates to the content of the Service that do not change the general character of the Service and changes in the appearance of the Platforms will not be considered as a modification of the Service.
The Service requires that the User have access to the Internet connection that is necessary, the user being responsible for all expenses associated with said connection.
The user may register for free on the FILKERS platform.
Notwithstanding this, in order to have the marketing services offered through the platform, you must subscribe to FILKERS by selecting one of the service plans offered, which will vary according to the needs of the user and those of your company.
In particular, FILKERS offers the following subscription plans:
– Plan 1: FREE – FREE
– Plan 2: See prices in: PRICES
* Taxes will be calculated and applied based on the applicable criteria in the country where the user formalizes the subscription of the plan.
All payment operations for the subscription of the plans offered in FILKERS will be carried out through STRIPE’s secure payment gateways, including the user his Credit Card number.
As a consequence of the foregoing, OVIXIA CONSULTORES, SL, as the owner of the Website, will provide your personal data to the aforementioned entities in order to correctly manage the contractual relationship.
The payment process is carried out in an encrypted way using the highest security standards used by these entities, and for this reason no one can have access to the data sent by our clients over the Internet.
The length of the billing cycle will depend on the type of subscription the user chooses when registering for the service.
FILKERS reserves the right to change its subscription plans and their price when it deems it appropriate, notifying users 30 days in advance.
Each subscription has a different capacity, services and users according to the plan chosen by the user when contracting it. The user may voluntarily modify his subscription plan at any time, either by contracting a higher or lower plan.
The modification of a subscription plan to a lower plan may lead to the loss of material and work prepared by the user until the date of subscription of the new plan by virtue of the contracted storage capacity, not being in any case FILKERS responsible for the losses caused as a result of the modification of the subscription plan made by the user.
The user may unsubscribe from FILKERS at any time. Payments are non-refundable and we do not provide refunds or credits for partial monthly subscription periods.
If the user decides only to cancel their paid subscription, they will automatically go to the FREE plan the moment they accept the change, having the option of using FILKERS again without having to process their registration again.
The cancellation may be made definitively, by sending your decision to the email[[email protected] .com] , closing their account at the end of the billing period and unsubscribing the user.
4. USE OF THE SERVICE
4.1. Registration, username and password
To access and use the services offered through the FILKERS platform, it is an essential requirement to fill in all the information requested in the form.
When registering, the user must provide a username[dirección email] , mobile phone, organization name and password to access your account. The access data will be for personal use, and cannot be used by third parties.
The user will be responsible for ensuring that the information provided when registering with FILKERS is correct, updating their account in the event that any of the data has been modified.
Likewise, the user will be responsible for all use of the service that takes place through their account. FILKERS reserves the right to immediately suspend access to the service or cancel your account in the event that it becomes aware of improper attitudes or treatment of the service.
4.2. Right of withdrawal and cancellation
As indicated in these Terms and Conditions, the user may register for free on the FILKERS platform, being able to withdraw at any time.
The moment the user subscribes to one of the plans offered on the platform, the user accepts the immediate provision of the service, as well as the immediate availability of the content.
Consequently, and in accordance with article 103 letter m) of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws , the user will not have the right to withdraw once the service has started.
In the event that the user wishes to cancel the subscription, once the provision of services has begun, they must notify FILKERS through the Website or through the email identified in section 1) of these Terms and Conditions.
If the subscription is of a fixed duration, it will end automatically when the period for which the user has paid the fee expires.
Likewise, FILKERS may terminate the contract automatically provided that (i) there is an unauthorized use; (ii) the user has breached the agreement; (iii) the user does not pay the subscription fee for the contracted plan.
Without prejudice to the provisions of section (iii) above, prior to terminating the contract FILKERS will send an email to the user notifying the incident regarding the payment of the subscription fee, urging him to regularize such situation within a specified period of time.
If after the deadline set by FILKERS the user has not regularized the payment, FILKERS will automatically cancel the service and disconnect the broadcast of the Playlists.
5. INTELLECTUAL PROPERTY
All the information contained in this Website, as well as the graphic design, images, drawings, representations, voices, sounds, video recordings, audio segments, attached written descriptions, source codes, trademarks, trade names, denominations and other contents are subject to the intellectual and industrial property rights of FILKERS or third parties, and are legally reserved, and are protected by national and international legislation on the matter.
The access and use of the Website will not imply in any case the waiver, transmission, assignment or total or partial license of said intellectual or industrial property rights, nor does it confer any right of use, translation, adaptation, alteration, exploitation, reproduction, distribution or public communication, for commercial purposes, of the Website or its contents without the prior and express authorization of FILKERS or the legitimate third party owner of the affected rights.
The user of the Website must refrain in any case from deleting, altering, evading or manipulating any protection device or security systems that may be installed in it.
The infringement of any of the aforementioned rights may constitute a breach of the conditions contained in the subscription agreement and the violation of the Law, and even a crime punishable in accordance with the provisions of the Criminal legal system.
6. GUARANTEES AND DISCLAIMER OF LIABILITY
FILKERS guarantees that it makes every effort to avoid any incident on its website and, in particular, the existence of cyber attacks or any other incident on physical or logical systems that are likely to cause damage to the user’s computer equipment, not being in no way responsible for the damage caused to the user’s physical and logical systems.
Consequently, FILKERS will not be responsible in any case for the loss of the material produced through its platform, data or any other indirect damage caused as a result of cyber attacks or irreparable failures of the system.
In the event that FILKERS is the object of a cyber attack that prevents the proper functioning of the platform, and it is not possible to solve it in a reasonable period of time, the users and / or FILKERS will have the right to terminate the subscription contract.
FILKERS will refund the amounts of the subscription plans that users have paid in advance for the use of the platform, as long as the user requests it through the communication channels within thirty (30) days from when it occurs. irreparable failure of the system. The refundable amount will not exceed the proportional amount of the monthly fee from the moment the irreparable failure of the system has occurred.
The aforementioned refund will not be made when the irreparable failure of the system is caused by misuse by the user, unauthorized modifications, third-party equipment or services and software not compatible with the application.
7. INTELLECTUAL PROPERTY OF THIRD PARTIES
The user guarantees that he is the owner, or has obtained the authorization of the corresponding owner, for the access, treatment and use of all the information, brands, images or designs incorporated as a result of the use of the FILKERS platform.
The access and use of the same does not imply in any case the waiver, transmission, assignment or total or partial license of said intellectual or industrial property rights, nor does it confer any right of use, translation, adaptation, alteration, exploitation, reproduction, distribution. or public communication, for commercial purposes, of the website of its ownership or its contents without the prior and express authorization of the user or the legitimate third party owner of the affected rights.
The user is aware of, and voluntarily accepts, that the use made of the information, brands, images or designs of his own or of third parties that he incorporates into the FILKERS platform takes place, in any case, under his responsibility, adopting the measures that may be necessary for the purposes of minimizing risks and holding the corresponding intellectual property rights.
In the event that the user has not acted in accordance with the terms indicated in the previous sections, he undertakes to hold completely harmless and reimburse FILKERS for any disbursement incurred by FILKERS due to legal or administrative claims filed by any user for possible violations of the right to intellectual property.
8. MODIFICATIONS TO THE TERMS AND CONDITIONS
OVIXIA CONSULTORES, SL, as data controller, may periodically change the policy of Terms and conditions of purchase and, in this case, we will publish said changes on this website. The fact of continuing to browse www.filkers.com after the entry into force of the aforementioned changes will be understood as your acceptance of the policy thus modified. In the event that the changes are of greater importance, we will notify you in a more prominent way or request your consent, as specified by law.
9. APPLICABLE LAW AND JURISDICTION
This Website and the conditions contained in these Terms and Conditions of purchase are governed by Spanish legislation. For any litigious question or conflict derived from or related to the access and use of the Website, or the interpretation and fulfillment of the aforementioned conditions, the parties submit to the jurisdiction and competence of the Courts and Tribunals of the city of A Coruña.