TERMS AND CONDITIONS

Acceptance

These Terms of Use govern your access to and use of the online site currently located at tranxfer.com (together with any materials and services available therein, and any successor site(s), the “Site”) provided by Tranxfer Software Company SL (“Tranxfer”).

By accessing or using the Site or any feature, service, or data provided through it, you acknowledge that you understand and agree to comply with these Terms of Use.


 

Use Limitations

You may use the Site only for the purposes permitted by these Terms of Use and by the laws and regulations in your state and country, and any other laws and regulations applicable to your use of the Site (including laws relating to the export of data or software to and from Spain or other relevant countries, as described below).

In connection with the Site, you agree not to:

  • Transmit or make available through or in connection with the Site any material that is or may be:
    (a) threatening, harassing, degrading, hateful or intimidating, or that fails to respect the rights and dignity of others;
    (b) defamatory, libelous, fraudulent or otherwise unlawful;
    (c) obscene, indecent, pornographic or otherwise objectionable; or
    (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.

  • Transmit or make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or may be harmful or invasive, or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

  • Use the Site for any fraudulent or unlawful purpose.

  • Collect or gather information about users of the Site.

  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site, or violate any requirement, procedure, or policy of such servers or networks.

  • Restrict or inhibit any other person’s use of the Site.

  • Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, share in real time, distribute, or otherwise exploit any part of (or any use of) the Site, except as expressly authorized herein, without Tranxfer’s prior written consent.

  • Reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

  • Remove any copyright, trademark, or other proprietary rights notices from the Site.

  • Frame or mirror any part of the Site, or incorporate any part of the Site into any product or service, without Tranxfer’s prior written consent.

  • Systematically download and store Site content.

  • Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, scrape, extract data, or collect content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site, without Tranxfer’s express prior written consent.
    Notwithstanding the foregoing, and subject to compliance with the instructions posted in the robots.txt file located in the root directory of the Site, Tranxfer grants public search engine operators permission to use spiders to copy materials from the Site solely for the purpose of (and only to the extent necessary for) creating publicly available searchable indexes of such materials, but not caches or archives of such materials. Tranxfer reserves the right to revoke such permission generally or in specific cases at any time and without notice.


 

Information Submitted Through the Site

Your submission of information through the Site is governed by Tranxfer’s Privacy Policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as necessary.

Tranxfer will not disclose any service usage information to third parties, except where legally required by the competent authorities in the relevant jurisdictions.


 

Transactions

We may make available the ability to purchase or obtain certain encryption, access control, and revocation services (the “Services”) through the Site (a “Transaction”). If you wish to make a Transaction, you may be required to provide certain relevant information, such as your credit card number and expiration date, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for the purpose of facilitating the Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Services will be used only in a lawful manner.


Feedback

If you provide us with ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is non-confidential and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Tranxfer under any fiduciary or other obligation.

You retain ownership of your Feedback and grant us a worldwide, royalty-free, fully paid, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the foregoing license, and that your Feedback, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, unlawful, or otherwise in violation of any applicable law or any rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to the attribution of authorship or integrity of materials regarding the Feedback that you may have under any applicable law under any legal theory.

We may disclose any Feedback and the circumstances surrounding its transmission to any person for any reason or purpose.


 

Ownership and Intellectual Property Rights

Tranxfer and its suppliers own the Site, which is protected by international intellectual property laws. Subject to your compliance with these Terms of Use, and only for so long as Tranxfer permits you to use the Site, you may view and use the Site, provided that you keep intact all copyright and other proprietary notices.

Tranxfer does not grant you any intellectual property or ownership rights in the Site other than those expressly set forth in these Terms of Use. Except as expressly stated herein, nothing in these Terms of Use grants you any right to use, distribute, copy, or modify any Tranxfer intellectual property, including but not limited to any copyrights, patents, trade names, trademarks, service marks, Tranxfer logos, domain names, or other distinctive brand features.


 

Third-Party Materials; Links

Certain features of the Site may allow access to materials made available by third parties, including submissions (“Third-Party Materials”), or may allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit the applicable Third-Party Materials.

We do not control, endorse, or assume responsibility for any Third-Party Materials, including their accuracy, completeness, quality, legality, usefulness, or safety, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in these Terms of Use shall be deemed a representation or warranty by Tranxfer with respect to any Third-Party Materials.

We have no obligation to monitor Third-Party Materials and may block or disable access to any Third-Party Materials (in whole or in part) through the Site at any time.

Additionally, the availability of any Third-Party Materials through the Site does not imply our endorsement of, or affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and such provider.

YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF USE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).

Warranties
The Site and the Tranxfer service operate under SERVICE LEVEL AGREEMENTS (SLAs) that are executed between the parties in the service agreement.

Limitation of Liability
EXCEPT AS REQUIRED BY LAW, TRANXFER, ITS OFFICERS, DIRECTORS, OR EMPLOYEES, OR THEIR RESPECTIVE AFFILIATES, SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS OF USE, THE SERVICES, OR THIRD-PARTY MATERIALS, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR THIRD-PARTY MATERIALS IS TO STOP USING THE SITE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF TRANXFER AND ITS AFFILIATED ENTITIES.

Indemnification
Except to the extent prohibited by applicable law, you agree to defend, indemnify, and hold harmless Tranxfer and its affiliated entities from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; and (b) any violation or alleged violation of these Terms of Use by you.

Termination
These Terms of Use shall remain in effect until the contractual relationship is terminated. Tranxfer may terminate or suspend your use of the Site at any time with 30 days’ prior notice if Tranxfer believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon such termination or suspension, your right to use the Site shall immediately cease, and Tranxfer may, without liability to you or any third party, immediately deactivate or delete your username and account and all associated materials, without any obligation to provide further access to such materials. Those provisions which by their nature should survive the expiration or termination of these Terms of Use shall survive such termination.

Additional Terms
Certain portions of the Services may be subject to additional terms that apply to specific features or areas of the Services. Such additional terms supplement these Terms of Use with respect to your use of those features or areas.

Updates to the Terms of Use and Other Policies
Tranxfer may update these Terms of Use by providing you with at least 30 days’ prior notice of such updates by any reasonable means, including by posting the revised Terms of Use through the Site. Such updates will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such updates, or otherwise notified you of such updates. Your continued use of the Site after any update to these Terms of Use constitutes your acceptance of such updates. The “Last Updated” legend above indicates when these Terms of Use were last modified. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site through third-party links); charge, modify, or waive any fees required to use the Site; or offer opportunities to some or all users of the Site, with the prior notice defined herein.

Jurisdiction
The Site is controlled or operated (or both) from Spain and is not intended to subject Tranxfer to any non-Spanish jurisdiction or law. The Site may not be appropriate or available for use in certain non-Spanish jurisdictions. Any use of the Site is at your own risk and must comply with all applicable laws, rules, and regulations. We may limit the availability of the Site at any time, in whole or in part, to any person, geographic area, or jurisdiction we choose.

Information or Complaints
If you have any questions or complaints regarding the Site, please email info@tranxfer.com. You may also contact us by writing to Av. del Tibidabo, 49, Sarrià-Sant Gervasi, 08035 Barcelona, Spain. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other confidential information in your email correspondence with us.

General Terms


These Terms of Use do not create any partnership, joint venture, agency, fiduciary, or employment relationship between you and us. No failure or delay by Tranxfer in exercising any right under these Terms of Use shall constitute a waiver of such right.

These Terms of Use shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. In the event of conflict or dispute, the parties agree to submit to the courts of Spain or, in the case of international clients, to the mediation services of the International Chamber of Commerce (https://iccwbo.org/).

These Terms of Use constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous written or oral agreements or understandings between you and Tranxfer relating to such subject matter. Notices to you (including notices of changes to these Terms of Use) may be provided by posting on the Site, by email (including in each case via links), or by postal mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions