In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and, in particular, in compliance with article 10 thereof, this legal notice (the "Legal Notice") is made available to users.

Access, browsing and use of the website https://www.xmaquina.io/ (the "Website") implies tacit and unreserved acceptance of all the stipulations of this Legal Notice, having the same validity and effectiveness as any written and signed contract.

Their observance and compliance will be enforceable against any person accessing, browsing or using the Website. If you do not agree with the above conditions, do not access, browse or use it.

1. HOLDER

Owner: XM ROBOTICS, S.L. ("XMAQUINA");
‍Registered office: C/ Ayala 11, 3^rd floor, 28001 Madrid, Madrid, Spain. 
‍E-mail: hello@xmaquina.io

2. PURPOSE

This Legal Notice regulates the access, browsing and use of the Website, by means of which we inform users of their rights and obligations in relation to the contents shown on the Website, the logos and brands used, as well as the responsibilities that may arise from their use.

Access to the Website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by users. The purpose of the Website is, mainly, to present the company XM ROBOTICS, S.L. 

Notwithstanding the foregoing, XMAQUINA reserves the right to modify the presentation, configuration and content of the Website, as well as this Legal Notice, so users are advised to review it constantly. Access to and/or use of the Website after the entry into force of its modifications or changes implies acceptance of the latter.

In this respect, the services rendered by XMAQUINA consist of providing software services to other companies organising events, providing the digital infrastructure to manage the online sale of tickets to such events. XMAQUINA' services will be priced as determined in the relevant service contract.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

XMAQUINA is the owner or, if applicable, has the corresponding licenses on the intellectual, industrial, image or any other similar rights on the Website, as well as all the contents offered therein, including, but not limited to, photographs, illustrations, logos, trademarks, graphics, designs, interfaces or any other information or content included therein.

Users only have a non-exclusive right of use, within a strictly personal sphere and for the sole purpose of browsing the Website in accordance with this Legal Notice.

4. WEBSITE USAGE RULES

4.1 Access to or the use of the Website for illegal or unauthorised purposes, with or without economic purpose, is not permitted (and therefore the consequences thereof shall be the sole responsibility of the users). In particular, and without limitation but merely by way of example, it is prohibited:

(i)to use the Website in any way that may cause damage, interruptions, inefficiencies or defects in the operation of the Website or third party devices;

(ii) to use the Website for the transmission, installation or publication of any viruses, Trojan horses, worms, malicious code or other harmful or unlawful programs or files;

(iii) to use the Website to transmit material for advertising or promotional purposes, including spam, chain letters or similar, without the express prior written permission of XMAQUINA;

(iv) to use the Website in a manner that constitutes an infringement of any rights of XMAQUINA or any third party;

(v) to use the Website to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, or obscene or threatening nature or which may annoy, injure or merely affect any person in XMAQUINA' sole discretion;

(vi) to use the Website to collect personal data from other users;

(vii) to use the Website illegally, against good faith, morality and/or public order;

(viii) unauthorised access to any section of the Website, to other systems or networks connected to the same, to any XMAQUINA server or to the services offered through the Website by means of hacking or forgery, password mining or any other illegitimate means or those established in this Legal Notice;

(ix) to take any action that causes disproportionate or unnecessary load on the infrastructure of the Website or the systems or networks used or owned by XMAQUINA, as well as the systems and networks connected to the Website.

The breach of any of the above obligations by users of the Website may lead to the adoption by XMAQUINA of appropriate measures protected by law and in the exercise of their legitimate interests.

4.2 Collection of user information, without prejudice to the provisions of clause 8 of this Legal Notice, as well as the privacy policies accessible from the Website and which may be applicable from time to time, as well as the use of certain services or requests addressed to XMAQUINA are conditional upon the prior completion of the forms on the Website.

All the information provided by the user through the forms on the Website for the above purposes or any other must be truthful. To these effects, the user guarantees the authenticity of all those data that he/she communicates and will maintain the information provided to XMAQUINA perfectly updated so that it responds, at all times, to the real  situation of the user. In any case, the user will be the only responsible for the false or inaccurate statements made and the damages caused to XMAQUINA or third parties for the information provided.

5. RESPONSIBILITIES AND GUARANTEES

XMAQUINA cannot guarantee the reliability, usefulness or veracity of absolutely all the information contained in the Website, nor the usefulness or veracity of the contents made available to users through the same.

Consequently, XMAQUINA does not guarantee and is not responsible for:

(i) the continuity of the contents of the Website;
(ii) the absence of errors in such content;
(iii) the absence of viruses, Trojans, worms and/or other malicious or technologically harmful components on the Website or the server that provides them;
(iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein;
(v) the lack of usefulness or performance of the contents of the Website;
(vi) failures of the Website caused by any kind of attack on its servers or those of XMAQUINA' third party service providers, as well as technical or security failures of the system of any of these providers that prevent the correct functioning of the Website;
(vii) any technical failure of any kind that hinders, delays or prevents the proper functioning of the Website;
(viii) damages caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that XMAQUINA establishes in the Web Site or through the violation of the security systems.

XMAQUINA declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.

XMAQUINA shall not be liable for the accuracy, completeness or updating of the information published on the Website from external sources, nor for that contained on other platforms to which the Website links.

XMAQUINA reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing,  use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to users who  contravene any of the provisions detailed in this Legal Notice, without the possibility of claiming compensation for this cause.

6. FORCE MAJEURE

Without prejudice to the above, XMAQUINA will not be responsible for the delays or failures that occur in the access, functioning and operability of the Website, its contents and/or services, nor for the interruptions, suspensions or malfunctioning of the same, when they have their origin in breakdowns produced by any situation of force majeure or fortuitous cause.

XMAQUINA shall not be liable for any failure or delay in the performance of any performance where the same is due to events  beyond the reasonable control of XMAQUINA (the "Force Majeure Event").

Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:

(i) Strikes, lockouts or other industrial action;
(ii) Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war;
(iii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster;
(iv) Inability to use trains, ships, planes, motor transport or other means of transport, public or private;
(v) Inability to use public or private telecommunications systems;
(vi) Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It shall be understood that the aforementioned performances shall be suspended for the period during which the Force Majeure  Event continues, and XMAQUINA shall have an extension of time to perform for a period of time equal to the duration of the Force Majeure Event. XMAQUINA shall use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable XMAQUINA to perform its obligations despite the Force Majeure Event.

7. USER SUPPORT

Users have at their disposal the user service through which XMAQUINA will attend to their queries, complaints and suggestions. 

Users can access customer service via the e-mail address indicated in Clause 1.

XMAQUINA will respond to complaints or queries as quickly as possible and in any case within one (1) month at the latest.

8. CONFIDENTIALITY AND DATA PROTECTION.

In accordance with the provisions of REGULATION (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy, which users must read and, where appropriate, accept and/or consent to.

9. SAFEGUARD CLAUSE

All of the clauses or terms of this Legal Notice must be interpreted independently, and the rest of the clauses will not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by this Legal Notice.

10. APPLICABLE LAW AND JURISDICTION

Access to and use of the Website shall be governed by and construed in accordance with Spanish law.In the event of any conflict or discrepancy arising in the interpretation and/or application of the Legal Notice, the competent Courts shall be those provided for in the applicable legal regulations, and if permitted, any dispute shall be submitted to the Courts and Tribunals of the city of Madrid.
Online consumer dispute resolution under Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr/

Copyright © XM ROBOTICS, S.L. All rights reserved.
‍Last updated: April 2024.