Your access to and usage of the Equidam Services, provided by Equidam Valuation S.L. (henceforth referred to as “Equidam”), located at Calle Asturias 61, 46023, Valencia, Spain, registered in Spain with Fiscal Identification Number (N.I.F.) B40560682, is governed by the following Terms and Conditions. In order to make use of the Equidam Services, you need to agree to the Terms. Equidam reserves the right to amend these Terms and Conditions at all times, with or without a prior notice. These Terms constitute a binding legal agreement between you and Equidam, governed by the laws of Spain.

 

Please make sure you carefully read these Terms and Conditions along with our Privacy Policy prior to using the Equidam Services.

1. Introduction

1.1 The following Terms and Conditions apply to the access and use made of the Equidam Services and together with the Privacy Policy constitutes the entire agreement between you and Equidam.

1.2 The Equidam Website and the Equidam Platform will be jointly referred to as “Equidam.com”.

1.3 By using the online tool on Equidam.com or on a third-party website through the Equidam Widget, you agree to be bound by the Terms and Conditions set out herein (the “Terms”). Please make sure you have read and understood the Terms before using the online tool. If you do not agree to the Terms, you are not authorized to make use of the Equidam Services.

1.4 We reserve the right to amend the Terms from time to time without prior notice to you. If a change has taken place, there will be an indication at the bottom of the Terms of the date they were last revised.

2. Definitions

2.1 Agreement means the agreement that consists of these Terms and the Privacy Policy, concluded between you and Equidam, and governing your access to and use of the Equidam Services.

2.2 Visitor means any person who visits Equidam.com and who can make use of the Equidam Services without becoming a Registered User.

2.3 Registered User means any visitor who registers to the Equidam Platform and has a personal account, and who may purchase the Platform Services offered by Equidam.

2.4 Equidam Website means the homepage of Equidam.com and all related web pages, through which a visitor can access the Equidam Platform and Services.

2.5 Equidam Platform means the framework and environment made available by Equidam to Registered Users

2.6 Platform Services means the paid services supplied by Equidam to Registered Users upon payment for such services, consisting of the use of and access to the Equidam platform, maintenance, updates and support in the use of the Equidam platform, access to, maintenance, updates and support in the use of the Valuation Tools

2.7 Valuation Tools means the analysis of data provided by the Registered User  through the Equidam Platform. Each analysis consists of three mandatory components – Input Sections, Equidam Algorithm and Valuation Result, and one optional component – Downloadable Valuation Report.

2.7.1 Input Sections means the page(s) on the Equidam Platform for the collection of Registered User data;

2.7.2 Equidam Algorithm means the proprietary technology used by Equidam for processing and analyzing the Registered User data and generating the Valuation Result;

2.7.3 Valuation Result means the result generated by the Equidam Algorithm after having processed and analyzed Registered User data;

2.7.4 Downloadable Valuation Report means the report containing the Valuation  Result and any other data results generated by the Equidam Algorithm, and available for downloading by the Registered User through the Equidam Platform.

2.8 Visitor/Registered User Data means all the information (in the broadest sense, including both identifiable and anonymous data) provided by the visitor or the Registered User on the Equidam Platform and required for the performance of the analysis conducted by the Valuation Tools.

2.9 Equidam Widget means a HTML page inserted on a third-party website that allows visitors of that website to make use of the Equidam Widget functionality. The Equidam Widget functionality comprises of a short questionnaire covering the main aspects of the Input Section from the Valuation Tools, resulting in the creation of an account of that visitor on the Equidam Platform.

2.10 Personal Data means all information (in the broadest sense) required by visitors in order to become Registered Users and submitted by them to Equidam via the online registration form.

3. Use of the services and restrictions

3.1 Equidam grants you the non-exclusive, non-sublicensable, and non-transferable right to have access to the Services offered by Equidam.

3.2 Visitors do not have access to the Platform Services and may not purchase the Platform Services offered by Equidam unless they become Registered Users.

3.3 Registered Users have the right to purchase the Platform Services offered by Equidam and do not have the right to access the Equidam Platform, Platform Services and Valuation Tools otherwise.

3.4 The Services made available to you are provided solely for your own use. you shall not sell, transfer, sublicense, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any of the Services. You may not include the Services in any product or service which you sell.

3.5 You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You shall not attempt to reverse compile, disassemble, reverse-engineer all or any part of the Services. You shall not access all or any part of the Services in order to build a product or service which competes with the Services and you shall not use the Services to provide services to third parties. Use of any automated system or software to extract data from the Equidam Website or the Services (“screen scraping”) is hereby expressly prohibited.

3.6 During the Agreement Period you shall not attempt gaining unauthorized access to the Services or modify the same.

3.7 Equidam does not guarantee the complete, accurate and timely delivery of the Services at all times, since shortcomings in the delivery of the Services may partially, but not exclusively, occur as a result of failures falling outside of the control of Equidam, such as but not limited to failures in the Internet connection. Equidam cannot be held responsible with regards to the hardware, software, peripherals and telecommunication connections necessary for accessing and making use of the Services, unless otherwise agreed upon in writing between you and Equidam.

3.8 Equidam is entitled to make changes to the Services at any time. If a change is reasonably foreseen to have significant consequences for you, Equidam will use its best efforts to notify you in advance. If you continue to use the Services, you thereby indicate your consent to the changes made to the Services.

4. Creating an Equidam account

4.1 A visitor to Equidam.com is anonymous and may, optionally, create an Equidam account and become a Registered User by submitting the information required in the online account registration form.

4.2 The Registered User must be a person. Accounts registered by “robots” or by other automated methods are not permitted.

4.3 You must provide your own personal data during the Equidam Account registration process.

4.4 You are at all times responsible for maintaining the confidentiality of your Equidam log in credentials.  Equidam cannot be held responsible in that regard.

4.5 You are responsible for all activities undertaken under and content placed within your Equidam account. This responsibility also applies to all the activities performed outside the Equidam.com having as their object the Downloadable Valuation Report obtained via the Equidam Platform.

5. Platform services

5.1 The Platform Services are available solely to Registered Users, upon payment of a Service Fee.

5.2 The Service Fee is a one-off fee paid prior to the access to the Platform Services, and it is composed of two elements: Valuation Fee and Access Fee.

5.2.1 The Valuation fee has a validity of 90 days. It is possible to purchase multiple Valuation Fees at the same time.

5.2.2 The Access Fee grants the access to the Platform Services for the specific days selected and purchased by the Registered User.

5.3 In order to have access to the Platform Services, the Registered User must be within the three months validity period of the Valuation Fee and within the specific days purchased with the Access Fee.

5.4 If the days purchased with the Access Fee are over, it is possible to purchase additional days. A Valuation Fee will be applied in case the first Valuation Fee was purchased more than three months before and for every three months period.

5.5 If a Registered User logs into the Equidam Platform in a day outside the days purchased with the Access Fee, he/she will not have access to the Platform Services.

5.6 For Registered Users that were on the Basic Plan Subscription before July 14, 2019 the clauses 6 and 7 apply until their subscription ends is terminated. After the subscription period ends or is terminated, clause 5 will apply.

6. Equidam Basic Plan Subscription

6.1 All the terms specified in clause 6 are valid only for Registered Users that were on the Basic Plan Subscription before July 14, 2019

6.1.1 The Equidam Basic Plan is a subscription-based service offered by Equidam.

6.1.2 When you submitted an order confirmation and made the first payment for the Equidam Basic Plan, you entered into a subscription agreement with Equidam for an unlimited period of time, with a starting date which will depend on your current account status.

6.2 The Basic Plan subscription allows you, among others, to download a maximum of three (3) Downloadable Reports in any given calendar month. This functionality does not provide for the accumulation of number of downloads, which means that if you had not made use of the maximum possible downloads in a month, the remainder does not add up to the maximum allowable downloads in the following month.

6.3 The Basic Plan subscription renovates on a periodic and recurring basis, depending on the subscription plan you have selected (each period is called a ‘billing cycle’). The service is billed to you in advance, 24 hours before your next billing cycle commences. For example, if you started your Basic Plan monthly subscription on January 20th, your next billing cycle starts on February 20th and you will be billed 24 hours earlier, namely on February 19th. Your Basic Plan subscription will automatically renew, as described above, at the end of each billing cycle, unless and until you cancel its auto-renewal through your account management page or by contacting our customer support team.

6.4 You may cancel your Basic Plan subscription at any time and at the latest within 24 hours before your ongoing billing cycle ends, in which case you will retain access to the Basic Plan functionalities until your ongoing billing cycle ends.

6.5 The request for cancellation of your Basic Plan subscription will be immediately accounted for by Equidam and you will receive a confirmation email from us within 24 business hours.

6.6 As soon as the subscription period ends due to subscription cancellation or refused payments, terms of clause 5 will apply.

6.7 Upgrading or switching to the Pro Plan is not possible.

7. Equidam Pro Plan Subscription

7.1 All the terms specified in clause 7 are valid only for Registered Users that were on the Pro Plan Subscription before July 14, 2019

7.1.1 The Equidam Pro Plan is a subscription-based service offered by Equidam.

7.1.2 When you submitted an Order Confirmation and made the first payment for the Equidam Basic Plan, you entered into a subscription agreement with Equidam for an unlimited period of time, with a starting date which will depend on your current account status.

7.2 The Equidam Pro Plan subscription renovates on a periodic and recurring basis, depending on the subscription plan you have selected (each period is called a ‘billing cycle’). The service is billed to you in advance, 24 hours before your next billing cycle commences. For example, if you started your Pro Plan monthly subscription on January 20th, your next billing cycle starts on February 20th and you will be billed 24 hours earlier, namely on February 19th. your Pro Plan subscription will automatically renew, as described above, at the end of each billing cycle, unless and until you cancel its auto-renewal through your account management page or by contacting our customer support team.

7.3 You may cancel your Equidam Pro Plan subscription at any time and at the latest within 24 hours before your ongoing billing cycle ends, in which case you will retain access to the Pro Plan functionalities until your ongoing billing cycle ends.

7.4 The request for cancellation of your Equidam Pro Plan subscription will be immediately accounted for by Equidam and you will receive a confirmation email from us within 24 business hours.

7.5 As soon as the subscription period ends due to subscription cancellation or refused payments, terms of clause 5 will apply.

7.6 Downgrading or switching to the Basic Plan is not possible.

8. Usage of the Equidam platform for multiple companies

8.1 A Registered User can use the Equidam Platform and the Platform Services for more than one company, by using the “Add Company” functionality.

8.2 Any payment fee mentioned in clauses 5, 6, and 7 connected to the access and usage of the Equidam Platform and of the Platform Services is applied per company.

8.3 It is forbidden and considered as malicious usage to use one company access and fee to value different companies. In case Equidam becomes aware of such malicious usage, it has the right to immediately terminate the access to the Equidam Platform and the Platform Services.

9. Payment terms

9.1 All prices indicated on Equidam.com are exclusive the applicable VAT rates. The VAT rate applicable to a particular transaction will depend on your billing information.

9.2 Payments for the Platform Services take place prior to the access to such services.

9.3 The processing and facilitation of all payments for the Equidam Services are handled on behalf of Equidam by an online payment service provider.

9.4 You can request and download the invoices for all your subscription payments through the History’ tab of your Billing section on your Equidam Platform. Invoices can also be provided to you by email upon your request.

9.5 If for any reason a Basic or Pro Plan subscription payment is unsuccessful, Equidam retains the right to terminate your subscription, taking into consideration all facts and circumstances. If your subscription is terminated by Equidam due to an unsuccessful subscription payment, the termination will be communicated to you per email.

10. Refund policy

10.1 In the eventuality of disservice or dissatisfaction of the Equidam Services, you are entitled to request a refund for your purchase within ten (10) days after having completed the same, by following the procedure described in section 10.3 below. A refund will apply unless Equidam detects any abusive or malicious activity on your Equidam account or deems your request of refund illegitimate. Should you request a refund 10 or more days after your first subscription purchase, the refundability of your subscription payment depends on the sections below.

10.2 Given the nature of the services that Equidam offers, Equidam’s general policy is to not offer refunds for your purchase ten (10) or more days after the date of such purchase.or as required under Spanish consumer protection laws.

10.3 In order to request a refund, you need to contact us via the chat on the bottom right or out contact page. Your request will be processed and within 48 hours you will receive feedback on the approval (or rejection) of your request.

10.4 Equidam will assess each refund request taking into consideration the usage that was made of the services, the problems that you may have encountered, your overall reasoning behind making the request and the completeness of the information you have provided in the Equidam refund request.

10.5 If your refund request is approved, the refund will generally be done using the same payment method that you used to make the payment in question.

11. Changes to the services and prices

11.1 Equidam reserves the right to make changes to the Equidam Website and to the Services. In such occasions, Equidam will take responsible steps to inform you of these changes with as much advance warning as possible.

11.2 Equidam reserves the right to make price adjustments for the usage of the Equidam Services. These price changes may be announced within one calendar month prior to their implementation.

12. Equidam obligations and conduct

12.1 All results generated by the Valuation Tools and the related Downloadable Reports are saved and stored internally by Equidam. Equidam retains full control over these results and materials and will process them in the context of the services and products that Equidam offers.

12.2 Equidam will process personal and company data in the context of the services and products that Equidam offers. Equidam will process these personal data in accordance with the Spanish Personal Data Protection Act. This also applies to the results generated by the Service and the related Downloadable Reports.

12.3 The Privacy Policy available through Equidam.com describes the conditions under which Equidam processes personal data. This Privacy Policy constitutes an integral part of these Terms and Conditions of Use. If you agree to the Terms you also agree to the aforementioned Privacy Policy.

13. Warranties and limitations of liability

13.1 The Equidam Service is not intended to be used as the sole basis for any decision-making and is based upon data which is provided by third parties, the accuracy of which it would not be possible for Equidam to guarantee. Whilst Equidam aims to maintain a quality, fully operative service at all times, the Service and third-party services are provided on an “as is” basis without warranties of any kind, whether express or implied.

13.2 Equidam gives you no warranty or assurance about the contents of the Service. Whilst Equidam does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Therefore any use of the Service is at your own risk.

13.3 Equidam disclaims all liabilities in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and third-party service and shall not be liable for any indirect, or consequential loss. Equidam shall not be liable for the following types of financial loss: loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses: loss of anticipated savings, increase in bad debt and failure to reduce bad debt.

13.4 Where any matter gives rise to a valid claim against Equidam, its liability shall be limited to a sum equal to the sum paid for the Services supplied under this Agreement in the year in which the claim arises.

13.5 Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.

14. Agreement duration and termination

14.1 The Terms shall enter into force on the date when you register on Equidam.com and create an Equidam Account and shall remain in force for an indefinite period of time.

14.2 You may be contacted by Equidam during this Agreement period regarding new developments and products.

14.3 From time to time Equidam may make alterations to Equidam.com and to the Equidam Platform and in doing so will take reasonable steps to inform you of these changes with as much advance warning as possible.

14.4 You shall fully indemnify Equidam against all third parties costs incurred in the pursuit of payment.

14.5 If Equidam believes you have breached any provision of this Agreement or in the event of your insolvency or bankruptcy, Equidam may, with an immediate effect and without a notice, suspend your access to the Services and terminate this Agreement.

14.6 Equidam has the right to dissolve this Agreement in writing with an immediate effect and without a notice of default and/or to suspend Equidam’s obligations and/or to exclude you permanently from the Services and/or to remove the content you have published on Equidam.com or deny you access to same without prior notice if:

14.6.1 you fail to meet the obligations pursuant to the Agreement and/or the Terms or if you fail to do so in full or on time;

14.6.2 after conclusion of the Agreement Equidam becomes aware of circumstances that give it good reason to fear that you will not perform your contractual obligations;

14.6.3 circumstances of such nature occur that would make it impossible for Equidam to perform the Agreement;

14.6.4 Equidam is notified that you have been involved in any way in publishing content on Equidam.com that is discriminatory, racist, vindictive, offensive or otherwise unacceptable;

14.6.5 Equidam is notified that you have been involved in any way whatsoever in publishing content on Equidam.com that is protected by intellectual property rights held by one or more third parties;

14.6.6 You have been granted or requested suspension of payments.

14.7 Upon request, You must use best efforts to delete all and any part of the Services held by You in any format and You may not make any further use of the Services.

14.8 Upon termination clauses 3, 4, 12, 13, 15, 16, 17, 18, 19 shall continue with full force and effect.

15. Indemnity

15.1 You agree to indemnify, defend and hold Equidam, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party, incurred or suffered by Equidam or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the Services that breaches this Agreement.

16. Intellectual property rights

16.1 Except as expressly provided herein, access to the Services does not grant you any database rights or rights in the copyright, trademarks or any other intellectual property rights of Equidam or any third party.

16.2 The Services and everything on Equidam.com, including the Downloadable Valuation Reports, is protected by copyright and other intellectual property rights. you are not permitted to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the Service without Equidam’s written permission. Equidam may take steps to assist identification of its Service.

16.3  Equidam holds various mark registrations which shall not be used without the prior written authorization of Equidam.

17. Force majeur

17.1 Equidam will not be liable for a failure to perform any of its obligations under this Agreement if such a failure is caused by the occurrence of any unforeseen contingency or by circumstances beyond the reasonable control of Equidam, including but not limited to Internet outages and telecommunications outages.

18. Confidentiality

18.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by clause 16.2.

18.2 Each party may disclose the other party’s confidential information:

18.2.1 To its employees, officers, representatives or advisers who may need access to it for the purpose of carrying out the relevant party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses confidential information comply with this clause 16; and

18.2.2 As may be required by law, court order or any governmental or regulatory authority.

18.3 No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Agreement.

19. Miscellaneous

19.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

19.2 The terms of this Agreement, the provision of the Service and the relationship between you and Equidam shall be governed by the laws of the Spain. you agree irrevocably to submit to the exclusive jurisdiction of the courts of Spain in Valencia. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

19.3 The failure of Equidam to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right.