1.1.- This document regulates the conditions of provision of the Prodcenter service through Prodcenter.net.
The acceptance of the general conditions of the service implies the express and unreserved acceptance by the user of the contractual conditions of the service, therefore, these conditions of use, being obliged and subject to compliance with the terms of this contract. The aceptante declares and warrants to be of legal age, have sufficient capacity and powers or powers to accept this contract on his behalf or/and on behalf of the entity or legal entity in whose interest he acts, as well as that all information provided is true, complete and up-to-date.
1.2.- Prodcenter is a collaborative cloud platform for Continuous Improvement. Without prejudice to the general issues indicated in this document, the specific functionalities and scope of the service depend on the modality contracted in each case by the USER and which are specified on the website of Prodcenter.net/planes
2.- Access and configuration
2.1.- Access to Prodcenter will be made by means of a URL with access from Prodcenter.net, and by means of a username and password. Different users, keys, and access privileges may also be established depending on the user’s needs.
2.2.- The user undertakes to the custody and confidentiality of his user ID and access keys. Otherwise, the user will be responsible for all consequences or damages that fraudulent or improper use of them may cause.
2.3.- There is no geographical or time limit for access to the service, operating 24 hours a day and 365 days a year. Keep in mind, however, that the quality and speed of access to it depends largely on your computer equipment, telecommunications provider, or network connection.
2.4.- Access and operation with Prodcenter requires an updated personal computer, tablet, smartphone or device with Internet connection and a Firefox, Edge, Safari or Chrome browser. You will also need to configure your browser to accept cookies, and you can delete them manually after the corresponding session. Prodcenter is web responsive.
3.- Limitations of use and custody duty
3.1.- The user, creating an account, acquires a right of use over Prodcenter and all the contracted elements, components and modules. Said license shall be exclusive, not sub-licenseable, non-transferable and without territorial limitation. This assignment supposes the attribution of a right of use over it, the SUPPLIER retaining all the exploitation rights.
3.2.- The USER agrees to use Prodcenter in accordance with the law, this contract, as well as with generally accepted morals and good customs and public order, and to protect and guard the service and all its elements, not being able to transfer or transmit to any third party in any way, the rights acquired through this contract, nor allow, outside of the cases especially foreseen, their use by third parties, being definitively prohibited the use of Prodcenter for any other purpose that is not the exclusive satisfaction of the needs indicated in this contract.
The USER will be prohibited, by way of example but not limited to reverse engineering, modify, download, market, duplicate or transmit to person or entity, partially or in its entirety, any of the elements and versions of Prodcenter.
3.3.- The USER agrees to refrain from using Prodcenter for illegal purposes or effects, contrary to the provisions of this contract, harmful to the rights and interests of the SUPPLIER, or that in any way may damage, disable, overburden or deteriorate Prodcenter or prevent the normal use or enjoyment of it by other users or users.
3.4.- The USER will be responsible for any infraction committed by whoever depends on him or for whose cause he has known or had direct or indirect access to Prodcenter.
4.- Intellectual and industrial property
4.1.- Prodcenter and the elements that make it up are the exclusive property of the SUPPLIER and is protected by international intellectual property laws and treaties, which include, but are not limited to, any of its versions and modules, source code or object , graphic interfaces, databases, structure, design, images, sounds, texts, manuals, diagrams or other components. Failure to comply with the provisions of the applicable regulations and these conditions will lead to the exercise of the corresponding civil or criminal actions for infringement of rights. In this case, regardless of the compensation that corresponds by the previous acts, the USER undertakes to defray all the expenses that the exercise of the corresponding actions entails, including the fees and rights of lawyer and attorney of the courts, although his intervention was not mandatory.
The data and information that the USER enters in Prodcenter, whose ownership will correspond exclusively to it, are safe from the above. The SUPPLIER guarantees and offers in any case the possibility of recovering said information, in case the USER could not do it by his own means.
4.2.- The denomination or name of Prodcenter, as well as the logos or anagrams that it includes constitute trademarks or are protected as industrial property. Its use is authorized provided that it makes express and faithful reference to the products or services of the owner thereof, without this implying the granting of any property right over it.
4.3.- The domain name www.Prodcenter.net, the brand “Prodcenter” and in general the contents of this website, are protected by international laws and treaties on intellectual and industrial property and by regulations on domain names. All rights in relation to the above are reserved, especially those of reproduction, transformation, distribution and public communication, in whole or in part, except for the minimum acts necessary to access and view this website.
Any other use of the aforementioned content that is not expressly authorized in this document or in the Terms of Service, or in any case without directly linking to this website, will be considered unlawful and prosecutable under the law.
Users grant the SUPPLIER a non-exclusive, unlimited, comprehensive, transferable, free and sub-licenseable right of use on non-personal data or data whose personal reference or company name has been deleted (anonymised data ).
5.- Protection of personal data
5.1.- For the purposes of the regulations on the protection of personal data, the USER is the owner and responsible for the personal data of third parties that he enters in Prodcenter, being his obligation the management of the same and their corresponding treatments, the fulfillment of the information duties, the request for consent for their treatment and assignments, the implementation of security measures and other legal, organizational and technical requirements of said regulations.
5.2.- The User authorizes the SUPPLIER to access the information that the first one enters in Prodcenter for its configuration or adaptation, as well as for the resolution of possible incidents.
5.3.- The SUPPLIER will be considered as the person in charge of data processing, in the terms and conditions established in the applicable data protection regulations, without prejudice to his obligations as data controller regarding the USER’s own personal data. , its labor or contracted personnel and collaborators, and who will be treated for the fiscal, administrative and accounting management of its activities. In this sense, the SUPPLIER will process the data for the sole purpose of providing the service object of this contract, keeping due confidentiality, not being able to communicate it to third parties, except for the exclusive storage or preservation of its own servers. In the latter case, the SUPPLIER agrees to establish with said subcontracted entity the same conditions established in this clause, in any case the SUPPLIER being solely responsible to the USER for the custody, treatment, use and applicable organizational and technical measures.
5.4.- The SUPPLIER undertakes, in relation to the above data, to implement the necessary security measures that guarantee the security of personal data and prevent its alteration, loss, theft, treatment or unauthorized access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment.
5.5.- In the event of termination of this contract, the data will be blocked, preventing its access, remaining at the disposal of the competent judicial or administrative authorities in the terms established in the current legislation and during the limitation period of the responsibilities arising from the treatment. of the data.
5.6.- The parties mutually agree to maintain absolute secrecy regarding the Confidential Information they obtain due to their business relationships.
For these purposes, confidential information is understood to be any information related to the parties and their activities, including, but not limited to, accounting or financial information, methods, lists of current and potential users and suppliers, as well as any information that may correspond to said company or its workers, collaborators or users. Information that is in the public domain or that must be disclosed to a competent authority in compliance with a legal obligation is excepted from the provisions of this clause.
5.7.- The SUPPLIER reserves the right to block content belonging to the USER without prior notice, if it may not be in accordance with the use and service policies, or if it may have illegal or fraudulent implications for the service, the provider or other users of the service.
5.8.- We collect your personal data when you access this website and to answer queries, suggestions and questions regarding our services. All the above data will be processed in accordance with data protection regulations, and used for the stated purposes and for the management and maintenance of this website and its services, including the analysis of traffic statistics and visits to the website. The user may in any case exercise their rights of access, rectification, opposition, deletion and limitation of the treatment in relation to their data, in accordance with the legally required requirements.
We inform you that the person responsible for the treatment and the address where you exercise the aforementioned rights are in section 11.- Responsibility of this legal notice.
6.- Guarantees and responsibilities
6.1.- The SUPPLIER guarantees the ownership of Prodcenter and its components, and that it has been developed by its own means or has obtained the corresponding licenses from its owners, and that, in any case, it does not infringe the intellectual property rights of third parties. .
6.2.- Prodcenter access and use is made possible under the conditions of this contract, without prejudice to the modifications in writing that are agreed between the parties. To the extent that the legislation allows, the SUPPLIER does not guarantee in any way, explicitly or implicitly, the operation or results that the USER may obtain when using Prodcenter for a specific purpose other than those indicated in the first clause of this contract. In any case, the USER acknowledges that Prodcenter is a tool that facilitates Continuous Improvement, without guaranteeing specific results or successes.
6.3.- The SUPPLIER cannot guarantee the availability and continuity of access to Prodcenter, its improper operation, loss or corruption of data, loss of profit or in general any damages, direct or indirect, caused by an erroneous or malfunctioning of the USER’s computer systems, such as its network, equipment, operating system, applications, configuration or communications system, as well as for periodic or extraordinary maintenance or repair procedures or for other reasons that are beyond the control of the SUPPLIER or that are not reasonably predictable.
The SUPPLIER reserves the right to interrupt access to the website and / or the Prodcenter platform at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other reason. .
Likewise, the use of the service under a free license will be made as is and at the account and risk of the USER, without therefore including any type of guarantee or responsibility related to the custody or hosting of the data, its loss, corruption, availability, support and maintenance, loss of profits or any other direct or indirect damages. Access under free license generally excludes and nullifies any commitment that the SUPPLIER assumes towards the USER under this contract.
6.4.- In relation to the data entered by the USER in Prodcenter, the SUPPLIER agrees to its custody and accommodation in the terms indicated in clause 5 above. In any case, this does not exclude the USER’s duty and responsibility to have an adequate Security Policy and to implement and supervise data backup and recovery systems, without the SUPPLIER being liable for any damages, direct or indirect, that any elimination or loss of such data may cause, beyond the economic amount of this contract.
6.5.- The USER is solely responsible for the information and data entered by himself or by his workers or collaborators, being accountable to third parties for their ownership and legality, especially that they do not constitute a violation of company rights. , nor infringe the regulations on intellectual and industrial property, market and competition, honor, privacy or own image or protection of personal data.
7.- Economic conditions
7.1.- The price of the service will be determined based on the services contracted and specified on the web domain www.Prodcenter.net. Said prices will be valid unless otherwise modified. Separately, the applicable taxes, expenses and withholdings will be applied on the corresponding amounts.
7.2.- In case of obtaining the free plan as defined in www.Prodcenter.net, the user will have a free use license, at no cost, without prejudice to the add-ons, functionalities or added services that he contracts. In these cases, the price will be paid as indicated and will include the contracted concepts with the corresponding characteristics and specifications.
7.3.- If the USER expressly indicates it, the SUPPLIER will issue the corresponding invoices for the contracted services.
7.4.- Non-payment of any amount will also entail the immediate interruption of access to the service, as well as the revocation of any right or authorization to use Prodcenter or any of its components. Said access and permissions may be restored at the time the payments are reestablished.
8.- Support, modifications and warranty
8.1.- The USER will be entitled or not to receive support and technical assistance as established in the conditions of the service contracted at www.Prodcenter.net
8.2.- The SUPPLIER reserves the right to make, at any time, modifications and updates in the provision of the service, its contents, configuration, availability and presentation of the information, as well as these conditions, without prejudice to the acquired rights. . Any modification of the products or services offered, as well as these conditions will be duly communicated, accepting the USER as the effective address indicated in the contracted service. Continuity in the use of the service will imply the acceptance, without reservations, of the corresponding modifications.
8.3.- This service is offered without any type of guarantee of any kind, except for those required by law and by these conditions of use and service.
8.4.- The SUPPLIER is not responsible for the content that the USER may download or obtain from third parties. The provider is not responsible for the loss of content that the use of third party content may cause.
8.5.- The Prodcenter platform is available through servers in Europe and third parties who may access it from another jurisdiction do so at their own risk and expense.
9.- Duration and resolution
9.1.- This contract will have a duration of one month or one year (depending on the contracted service) from the date of payment, automatically being extended for equal periods of time, unless it is terminated for the legally established reasons and in the following cases :
– In case of serious breach of the obligations of the parties, without prejudice to the claim for damages that may correspond.
– The USER can end the use of the service at any time without notice.
– The SUPPLIER also reserves the right to suspend or terminate the service at the time it deems appropriate and without prior notice, without prejudice to the claim for damages that may correspond.
9.2.- The termination of this contract will imply the cancellation of access to the contracted service, therefore, of the right to its use and the rest established in this contract, without prejudice to the corresponding claims.
10.- Cookies Policy
10.1.- This website uses third-party cookies. Any action other than its blocking or rejection, or the request for a service or functionality associated with a cookie will imply your consent for its installation and use. However, these cookies may be subsequently deleted through your browser. See our Cookies Policy.
The contents of this website are provided for informational purposes only. Our products or services are in continuous evolution, so the contents of this website do not necessarily have to be exhaustive or clearly descriptive. This website and Prodcenter are owned by Michael Gourion with NIE X2551651-P and address in Santa Cruz de Tenerife, 38003 (Spain), Edificio Siglo XXI, Calle Álvaro Rodríguez López, 10, Portal B2, 6H. All rights reserved.
12.- Applicable law and forum
Any conflict or controversy arising from the interpretation or execution of this Agreement or related directly or indirectly to it, will be tried to settle through the Mediation service, and will be resolved definitively in accordance with the provisions of the Regulations of the Court of Arbitration of the Official Chamber of Commerce, Industry and Navigation of Santa Cruz de Tenerife (Spain), by one or more arbitrators appointed pursuant to said Regulation. The parties undertake to comply with the award that is issued.