Forwardkeys website terms and conditions

These Terms and Conditions govern the access to and use of the website at http://www.forwardkeys.com (the “Website”) and services offered here, including also the Demo Access and Webinar Services described below. The term “You” refers to any natural or legal person who accesses or has accessed the Website. By accessing or using the Website in any form and in particular, by sending your data in a contact or registration form, you agree to be bound by these Terms and Conditions. If you do not accept any term of these Terms and Conditions, then you may not access the Website or use our services.

This Agreement includes these Terms and Conditions and any attachment hereto, including without limitation to the Privacy Policy, and our Cookies Policy.

If you accept this Agreement in the name of a company or another legal entity, you represent and warrant that you have the authority required to bind that entity to these terms, in which case "You" shall refer to that entity. If you do not have this authority or do not accept these conditions, you must select the "cancel" button and you will not be able to use the service.

About the Company

You are accessing the Website of Forward Data, S.L. (the “Company”, “We” or “Us”) a Spanish company with main offices at Paseo Alameda, 48 1º - Pta.2, 46023 Valencia, Spain; and registered in the Central Mercantile Register in Volume 9682, Book 6964, Page V-155741; and with tax number: B65284127.

Contacting us

You can contact us by email at info@forwardkeys.com 

ForwardKeys Services

The Website is set up to promote and provide access to ForwardKeys Services (as indicated on the Website). We also provide access as a Guest and to a Demo Service regulated by special terms of this Agreement set out in Annex 1 and webinars as set out in Annex 2.

Intellectual Property Rights

All rights of intellectual property on any material of this Website are owned by the Company or its licensors and are protected by national and international laws. The Company and/or its licensors reserve all of its rights in the Website and materials on the Website, including all data set out in white papers and other documents available for marketing purposes only. Access to and use of our web-based services and material does not imply any transfer of all or part of these rights to you. Any reproduction, copying, publication, distribution, communication to the public, modification, transformation, removal, handling, and any other use, with or without profit, in whole or in part of this Website or any of its materials, without the prior express written permission of the Company constitutes infringement and is expressly prohibited.

Your Obligations

You expressly agree not to do any of the following:

  1. Publish any material from the Website in any media or sell, sublicense, redistribute and/or otherwise commercialise any material of the Website;
  2. Use the Website in any way that may be or is damaging to the Website or the Company or may prevent or impact any user’s access to the Website, or may cause harm to a business or a person, or in any way that is contrary to applicable laws and regulations;
  3. Use the Website and/or material to engage in any advertising or marketing;
  4. Use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  5. Conduct any systematic or automated data collection activities without the Company’s written consent;
  6. Circumvent any restricted access.

The Company reserves the right to restrict access and use of the Website to any person at our discretion.

Data Protection

Any Personal data collected by us  will be processed in accordance with our Privacy Policy. The Website uses cookies in accordance with our Cookies Policy.

No Warranty

Unless otherwise agreed with the Company, the Website is provided on an 'as is' basis without any warranties of any kind, express or implied. The Company, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for particular purpose. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the site. Without limitation on the foregoing: (i) the Company does not warrant that the site will operate error-free or that the site and its servers are free of computer viruses or other harmful mechanisms. If your use of the site results directly or indirectly in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

Liability Limitation

Unless otherwise agreed with the Company, and to the maximum extent permitted by applicable law, in no event will the Company be liable or responsible to you for any direct or indirect damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data or business information, or interruption or loss of use of service or equipment, whether arising under contract, tort (including negligence), strict liability or otherwise.

Contacts

If you use any registration forms to contact the Company, you agree to receive electronic commercial communication (e.g. by email) and/or phone call when applicable relating to the Company and our Services. The Company will not provide your email to any third party (unless expressly authorized by us). We may contact you to send requests for information or communications regarding potential contracting, or as otherwise required by law. If you do not wish to receive commercial Information about our and other services (defined below), you can expressly opt out by sending a notification to info@forwardkeys.com or by clicking the unsubscribe link in our email communications.

Links

On the Website you may find links to other websites operated by third parties. The establishment of any links, forwards or associations ("links") to other websites made possible from the Web Site does not imply any relationship, collaboration or any dependence between the Company and the person or entity responsible for the third party website, and the Company does not provide any warranty to You regarding their services.

Modifications

The Company reserves the right to modify or delete at any time and without notice any content, services and information found on this Website.

Governing law and jurisdiction

The validity, interpretation, enforceability, and performance of these Agreement shall be governed by and construed in accordance with the laws of the Spain, without reference to its conflict of law principles All claims and conflicts will be submitted to the courts of the City of Valencia, Spain, without regard for any other jurisdiction to which the parties may be entitled.

Other

The Company may amend these terms at any time, upon notice to You. If You do not agree to such changes, You may terminate the Service you have an Account for at any time. Any subsequent use of the Services indicates your acceptance of the new Terms.

This Agreement shall be binding upon and inure to the benefit of the Company, You and each of their respective successors, and assigns. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of the Company, which consent will not be unreasonably withheld. Any attempted assignment or transfer in violation of the foregoing will be void.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect and the stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

Each party has read, understands and agrees to the terms and conditions and to the use of English as the language of this Agreement, which may be incorporated in other documents or executed via facsimile, electronic online communications, or via emailed PDF-format document (or other mutually agreeable document format). The person accepting this Agreement warrants that he/she has authority to do so on behalf of the entity applying for the respective Service.

ANNEX 1 - FORWARDKEYS DEMO / GUEST REGISTRATION TERMS

From time to time, the Company may offer access to demo features of ForwardKeys Services (“Demo Service”) and access to some part of ForwardKeys Services (“Guest Service”). If You apply or register for the Demo or Guest Service, You agree that these terms (“Terms”) govern your use of the Services and You agree to abide by them. Each of the Company and You are referred to as a “Party” and collectively as the “Parties”.

1. LICENCE GRANT

Licence. Subject to these Terms, the Company hereby grants to You a free, non-exclusive, non-transferable, revocable, limited right to access and use the Demo and/or Guest Service you apply for, for evaluation purposes only and with no ulterior commercial use.

Logins. Logins and passwords will be provided to You in the welcome email either directly following registration for Guest users, or in an email following a prior oral or written agreement as to the parameters for the Demo Service.

No guarantee. Both the Demo Service and the Guest Service (collectively, the “Services”) are work in progress, and we reserve the right to modify, suspend, or discontinue them at any time for any reason. Notice of any suspension or termination will be given in accordance with these terms. We try to provide access to the Demo and/or Guest Service immediately. We reserve the right to refuse access to the Demo /or and Guest Service to anyone for any reason.

Licence restriction. Except as expressly authorized herein, You agree:

a) To use reasonable efforts to ensure that neither the Services, nor their contents or reports are displayed outside of the Website or distributed in any way to any third party;

b) Not to rent, lease, distribute, transfer, copy, reproduce, display, modify, or timeshare the Services, their content or reports, or any portion thereof;

c) No to reverse engineer or access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Services, or (iii) copy any ideas, features, functions or graphics of the Services;

d) Not to use the Services on behalf of another individual or organization;

e) To take all reasonable steps to protect the Services and the Website from unauthorised access or use and will use best efforts to prevent third parties from obtaining Passwords, and will not attempt to gain unauthorised access to the Services or their related systems or networks; You will immediately inform the Company of any actual or potential unauthorised access to a password or to the Services;

f) Not to use the Services in a manner that could result in an illegal act or that would impede, damage or impair the normal functioning of the Services or the rights of the Company or third parties; and

g) Not to copy, frame or mirror any part or content of the Services, other than for your own internal business purposes and evaluation of the Forward Key services.

2. TERM AND TERMINATION

Guest Service Term. Unless otherwise indicated expressly by the offer or by written notice by the Company, the Guest Service will be made available to you indefinitely.

Demo Service Term. Unless otherwise indicated expressly by the offer or by written notice by the Company, the Demo Service will be made available to you for a period of 21 days upon the date of receipt of your Account details. 

Termination. The Company reserves the right to delete or suspend Your Account at any time, in its sole discretion with advance notice and terminate any accounts that have not been used for at least six months without notice. We may in any event terminate your Account at any time upon your breach of the terms of these Terms immediately upon notice to you. You may terminate your Account at any time using the online process, or emailing us at info@forwardkeys.com.

The Demo Account may not be renewed and if you wish to carry on with the ForwardKeys Services after the term of the Demo Service you will have to enter into a subscription agreement with the Company, available at/through info@forwardkeys.com before the end of the Demo period. 

3. PROPRIETARY RIGHTS

The Company owns all right, title and interest in and to the Services, and their content (and all derivative works to any of the foregoing), including, without limitation, the content of all reports and other information accessed through the Services (“Content”), all software used therein, the specific design, programming and structure of Services, as well as other rights and know-how related to Services (including any modifications or enhancements) and all associated rights under copyright, trademarks and patents. You will not challenge the Company’s ownership of the Services or any Content. You will not alter or delete any copyright notices or trademarks included in the Company Services or any Content. 

4. CONFIDENTIALITY

Each party agrees that during the course of this Agreement, information that is confidential or proprietary may be disclosed to such party (the “Receiving Party”) by the other party (the “Disclosing Party”) (collectively, “Confidential Information”). Confidential Information also includes all and any data received by You in the course of using the Services. Confidential Information will not include information that the Receiving Party can demonstrate (i) is, as of the time of its disclosure, or thereafter becomes, part of the public domain through a source other than the Receiving Party; (ii) was known to the Receiving Party as of the time of its disclosure; (iii) is independently developed by the Receiving Party; or (iv) is subsequently learned from a third party not under a confidentiality obligation to the Disclosing Party.

The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors or authorized third party users of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorised use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.

The Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s request and expense, in any lawful action to contest or limit the scope of such required disclosure. 

5. WARRANTY DISCLAIMER

The Services are provided for free. You acknowledge and agree that the Company exercises no control over, and accepts no responsibility for, the content of the information obtained by the Company from its suppliers in performances of the Services. 

To the maximum extent permitted by applicable law, the services and any technology or access to the same that the company supplies hereunder are provided “as is” and neither the Company, its employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like make any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose or non-infringement. Neither the Company, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like warrant that the Services will be uninterrupted or error free; nor do any of them make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information or services contained in or provided through the Services. The Company is not liable for the content or loss of any data transferred either to or from a client or stored by client or any of client’s clientele via the services.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by mandatorily applicable law, neither party shall be liable to the other party or any other person for any direct, indirect, incidental or consequential damages, including loss or profit or goodwill, for any matter arising out of or relating to this Agreement or its subject matter, whether such liability is asserted on the basis of contract, tort or otherwise. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to You. In such jurisdictions, the parties’ liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

7. GOVERNING LAW AND JURISDICTION

The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the Spain, without reference to its conflict of law principles All claims and conflicts will be submitted to the courts of the City of Valencia, Spain, without regard for any other jurisdiction to which the parties may be entitled.

8. OTHER

The Company may amend these terms at any time, upon notice to You. If You do not agree to such changes, You may terminate the Service you have an Account for at any time. Any subsequent use of the Services indicates your acceptance of the new Terms.

This Agreement shall be binding upon and inure to the benefit of the Company, You and each of their respective successors, and assigns. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of the Company, which consent will not be unreasonably withheld. Any attempted assignment or transfer in violation of the foregoing will be void.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect and the stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

Each party has read, understands and agrees to the terms and conditions and to the use of English as the language of this Agreement, which may be incorporated in other documents or executed via facsimile, electronic online communications, or via emailed PDF-format document (or other mutually agreeable document format). The person accepting this Agreement warrants that he/she has authority to do so on behalf of the entity applying for the respective Service.

ANNEX 2 - WEBINARS

From time to time, the Company organises Webinars that may be contracted through the link provided online and our reservations partner (currently gotowebinar.com). 

The following conditions apply to the webinars and associated materials:

  1. Only registered users, having paid the appropriate fee (“Registered Users” or “Customers”, being the organisation that pays for a Registered User), may access the webinar and associated materials (“Webinar Materials”).
  2. Registered Users must maintain the access credentials confidential, and only one person per registration may attend the webinar. The Registered User consents to the Company monitoring the Registered Users that access the Webinar Event, including the number of computers and their IP addresses to ensure compliance with the foregoing.
  3. Users registering for the webinar agree to pay the registration fee promptly in accordance with the terms set out on the reservation page or otherwise agreed with the Company.
  4. The Company grants each Registered User a non-exclusive, non-transferable, limited licence to access the Webinar Service and use the Webinar Materials from time to time made available to the Registered User for the purposes only of (i) research or study, (ii) providing professional services to its clients.
  5. This licence is subject to the following limitations: (a) The right to electronically display Webinar Services and Materials is limited to the display of such Webinar Services and Materials primarily to one person at a time; (b) The right to obtain a printout of the Webinar Materials is limited to a printout of a reasonable portion of the Webinar Materials (collectively, "Authorised Printouts"); and c) The right to retrieve and store machine-readable copies of the Webinar Materials is limited to the retrieval of a single copy of a reasonable portion of the Webinar Materials and storage of that copy in machine readable form for no more than 90 days, primarily for one person's exclusive use, to the extent the storage of those Webinar Materials is not further limited or prohibited by the Additional Terms.
  6. Except as specifically provided above, the Registered User is otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using the Webinar Materials.  All access to and use of the webinar services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Services is strictly prohibited
  7. The information provided in the webinar are divulgation and information purposes only, and cannot be considered any advice or professional service of the Company.
  8. The Company makes no representation as to the accuracy or completeness of the information provided through the webinar, although the Company does make reasonable efforts to verify the accuracy of its sources of information. EXCEPT AS STATED, THE WEBINAR SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE COMPANY MAKES NO EXPRESS WARRANTIES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO THE COMPANY TO ENABLE THE COMPANY TO KEEP THE SERVICES UP-TO-DATE.
  9. Any documentation provided with the webinar must be treated in accordance with the legal notice and disclaimer included in the document. All right, title, and interest (including all copyrights and other intellectual property rights) in the webinar and webinar materials (in both print and machine-readable forms) belong to the Company or its third party suppliers. The Registered User may not remove or obscure the copyright notice or other notices contained in the Services or Materials.
  10. Content and features may be added to or withdrawn from the Webinar Services and Materials or otherwise changed without notice.
  11. All reasonable efforts will be made to ensure that the Webinar event take place on the advertised date and time. In the event that the Webinar event does not take place, an alternative date/time will be scheduled.  The Company reserves the right to substitute speakers and or where events beyond its reasonable control prevent speakers from appearing.  The Registered User accepts that there will be no right to any refund or cancellation in these circumstances.
  12. Cancellation of a webinar booking. Customers who have purchased a subscription of Webinars Events may cancel their booking, on the condition that: (a) they do so in writing to ………………………….  at least 14 working days prior to the next broadcast within that subscription; AND (b) they, or any other users included in the order for that subscription, have not yet registered via the technology provider webinar database, thus activating their email address for the subscription. Providing that these two conditions are met, a refund for the original price paid for the subscription will be issued, less EUR50 administration fee.
  13. To the maximum extent permitted by law, the Company nor any person presenting the Webinar shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Webinar Services or any Webinar Materials available or not included therein, (b) the unavailability or interruption to the supply of the Services or any features thereof or any Webinar Materials, (c) Customer's or its Registered User’s use or misuse of the Services or Materials (regardless of whether the Customer received any assistance from the Company in using or misusing the Services), (d) the Customer's or its Registered User’s use of any equipment in connection with the Services, (e) the content of the Webinar Materials and the Service, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any negligence of the Company  or its employees, contractors or agents in connection with the performance of its obligations under this agreement.
  14. The Company's liability to the Customer for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this Agreement shall, to the extent permitted by law, be limited at the Company's option to supplying the Services or Webinar Materials again or paying for their re-supply.  Nothing in this Agreement is intended to exclude liability for death or personal injury resulting from any negligence by the Company.
  15. The Company's liability to the Customer for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the Customer caused or contributed to that loss or damage.
  16. SUBJECT TO THE FOREGOING, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE WEBINAR SERVICES SHALL NOT EXCEED THE AMOUNT OF THE CUSTOMER'S ACTUAL DIRECT DAMAGES. THE CUSTOMER'S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH THE CUSTOMER MAY HAVE AGAINST ANY COVERED PARTY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEBINAR SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF THE COMPANY OR ITS EMPLOYEES, STAFF AND CONTRACTORS.
  17. Data Protection. The Company will use personal information collected about Registered Users for the purposes of (a) providing access to and use of the Services to Registered Users, (b) providing customer support, billing and other similar activities related to the Services, and (c) keeping Registered Users informed about products, services, offers and upcoming events and to improve the Company’s services. The Company may also provide personal information about Registered Users to third parties for the purpose of providing Registered Users with direct marketing offers of the Company’s produtcs which the Company thinks may be of interest. If the Registered Users do not wish to receive information about other products, services, offers and events, notify the Company in writing as set out in the Privacy Policy.

 

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