With these terms of use we seek to inform all users of their rights and obligations from the moment they visit our web site.
Likewise, we inform the users of their rights and obligations relating to the content contained therein through the platform, logos and brands used, as well as the responsibilities that may derive from the use of the services provided by Spamina.
All users expressly and unequivocally accept the conditions of use and the privacy policy, as well as the different modifications and/or additional legal text that may be included in the future. In the event that there is no agreement with any of the stipulated terms, you must cease to access the web site.
For the purpose of interpreting these terms and conditions, a person shall be understood to be a user the moment s/he accepts the terms of use and the privacy policy set out on the web site, from the mere fact of having accessed the web site.
We are deeply committed to having our web site function properly and under the best conditions for our users. Nevertheless, on occasion it is possible that situations may arise that may prevent its proper use, especially situations where malicious third parties intervene.
Therefore, below we list the situations in which we shall not be liable for the actions of malicious users, who shall be the ones held liable:
In the case that any of the content accessible through the web site or platform goes against current regulations, we undertake to immediately remove it as soon as we are made aware of and verify the existence of said content. We request that all users detecting such content notify us as soon as possible.
We are deeply committed to the protection and defense of intellectual and industrial property rights. Consequently, we inform you of the following:
In the case that any of our users detect any type of content contrary to in-force regulations or may be damaging to the users, we ask that you notify us as soon as possible using the following address.
Below we make available to you the software use license corresponding to the products and services provided by Spamina, where, except for special provisions to the contrary, this text will be applicable and accepted in all cases before the installation of the software:
The object of this contract entails the transfer of a certain number of usage licenses for the Spamina software application, and therefore, is subject to the terms and conditions within the limits established herein, Spamina irrevocably transfers, non-exclusively, temporarily, not subject to sublicensing, non-transferably, and for consideration, the right of use for the application. In all cases it shall be understood that access thereto is a transfer of use and in no case shall be a sale or transfer of property thereof.
Given that the application may be used from the computer system of the customer, the right is granted to use it on a limited and conditional basis and is subject to the provisions of this license as well as to its time limit.
The customer undertakes to use the computer application in accordance with the law, this agreement, and generally acceptable ethics and good customs and public order.
This usage license shall be applicable, except where stated to the contrary, to all products or services that Spamina markets, whether nationally or internationally.
In the case that the customer chooses to have the application installed on his/her own systems, the customer undertakes to protect and care for the application and shall not transfer or assign to third parties in any way the rights acquired from this license, nor allow, from ownership or any circumstance whatsoever its use by third parties, and it shall be completely prohibited for the computer application to be used for any other purpose that is not exclusively for satisfying the needs of the customer and is consistent with the objective of the Spamina application. Therefore, by way of example and without limitation, the customer is not permitted to lease, lend, sell, sublicense or carry out any action that violates the duty to protect an asset owned by a third party.
The customer is obligated to refrain from using the application for illegal purposes or effects, in breach of the provisions of this license, and/or for purposes that may violate the rights and interests of Spamina, third parties, or which in any way may damage, restrict, overburden or deteriorate the system and the application, or prevent the use or enjoyment of the computer application by the rest of the users and customers; Spamina reserves the right to block the service in the cases where it detects an instance of this nature.
The customer is completely forbidden, by way of example but without limitation, from carrying out inverse engineering, decompiling, disassembling, reproducing, translating, modifying, making another version, marketing, copying, transforming and transferring to persons or entities, in part or in full, by any means, or deleting any property or authorship notice, without prior written consent from Spamina.
The application shall be used solely and exclusively by the authorized customer to process its data, and shall not allow the application to provide direct or indirect service to other entities that may become customers, including when they are part of the same company group, where this option will only be recognized if it had been provided for in the initial agreement.
Given that this is a software application of great complexity and that there are a large number of variables, many of which are indeterminate, and to the extent that legislation permits, Spamina does not guarantee, nor can it guarantee in any way, whether explicit or implicit, the results that the customer may obtain from using this computer application.
Agreement, Spamina disclaims any liability for any direct, indirect, incidental or spatial damage, including, by way of example but without limitation, any collateral damage or loss of profits, work stoppage, breakdown, defect or loss, or any claim made by third parties that is not part of this agreement. Nevertheless, provided that regulations do not so prohibit, it shall assume as maximum liability, the economic amount proportional to the time that remains until the end of the current year, where in no case said amount may be greater than the cost corresponding to 3 months of service. In no case shall Spamina return in full the amounts paid by the customer.
Spamina reserves the right to suspend or block the domain or domains that are affected, temporarily or indefinitely, in the event that any of these domains exceed the limits of the average analysis and filtering capacity expressly established. For these purposes, except that which is stipulated to the contrary, the average analysis and filtering capacity per domain shall be understood to be exceeded when the domain average exceeds 500 emails received per day, the total usage exceeds 100 Mb/day, or more than 1000 emails are sent within a 60 minute period, with the understanding that such actions are to be construed to be Spam (unsolicited commercial email). Nevertheless, the parties by mutual agreement, may establish specific and acceptable limitations to the specific characteristics of the entity.
Likewise, to the extent that prior to the contracting of the service the customer is informed of the requirements that the system must have for the proper functioning of the application, the customer shall be the only party responsible for guaranteeing the compatibility of the application with the equipment, hardware, other software, operating systems, electronic components, Internet connectivity and/or bandwidth.
The computer application is exclusive intellectual property of Spamina and is protected by the Spanish Intellectual Property Laws and by applicable laws in the countries where it is used. The structure, organization and codification of the computer application constitute valuable commercial secrets and confidential information of Spamina. Therefore, the customer must handle the computer application in the same way as s/he would with any other material with intellectual property rights and may not copy the computer application, regardless of the format or medium on which it would be carried out.
The Spamina application has several modules with alternative software licenses, owned by the Apache Software Foundation and the Free Software Foundation. These modules are subject to their respective licenses and more specifically to the GPL and Apache licences. In no case may the Spamina software be considered to be derived from these modules, where it is merely an unessential element of the proprietary application developed by Spamina.
The granting of this transfer of use does not implicitly or explicitly imply the transfer of industrial and intellectual property rights of the computer application, the hardware or the data and information management model.
The brands shall be used in accordance with commercial uses, including the mention of its owner's name. The brands may only be used for identification, where appropriate, on the printouts made by the computer application, as well as for inclusion as a reference for customers in commercial proposals and/or the Spamina web site. The use of any brand does not imply the transfer of any property rights thereof.
In the case that the customer considers any of the existing content of the computer application to have been entered in violation of copyrights or other intellectual property rights, the customer shall communicate to Spamina this circumstance, sending notification by electronic mail with the information relating to the specific case.
Given that the software application handles personal data, such as IP address, user name and electronic mail address, in accordance with Spanish regulations, Organic Law 15/1999 regarding Data Protection (LOPD) and Royal Decree 1720/2007, in development of the LOPD (RLOPD), Spamina informs you that your personal data shall be kept in a computer file duly entered in the Spanish Data Protection Agency (AEPD) Registry.
The purpose of the computerized collection and handling of Personal Data is the maintaining of the relationship established with Spamina (filtering your electronic mail, providing Internet security services and preparing statistical reports with information relevant to the customer, as well as making backup copies of your electronic mail). In all cases, the customer may exercise his/her rights to access, rectification, cancellation and/or opposition against Spamina by sending a written request to Aegis Security S.L, T.I.N.: B-63952485, C/ Constitució, 3, 4º 4ª. 08960, Sant Just Desvern, Barcelona, España. Without prejudice to the possibility of exercising your rights, each user much bear in mind that in the case of exercising the right to cancellation, it will be impossible to provide the service, given that it would entail the withdrawal of this license, without any rights to any type of indemnification.
Likewise, to the extent that Spamina is the Data Manager, Spamina undertakes to fully comply with the obligation provided for in art. 12.2 of the LOPD, thus guaranteeing that during the provision of electronic mail filtering service, it only will manage personal data to which it would have access in accordance with the customer's instructions, and that it will not apply them or use them for any purposes distinct from those provided for in this agreement or in the software usage license, nor shall it communicate them, not even for their storage, to third parties, except when there is prior occurrence of one of the exceptions provided for in art. 21 of Royal Decree 1720/2007 RLOPD.
Spamina warrants that it has adopted the appropriate security measures in its installations, systems and files. Likewise, Spamina guarantees the confidentiality of the Personal Data, although it shall reveal to the competent public authorities Personal Data or any other information it has in its power or is accessible through its system when required pursuant to applicable legal provisions and regulations.
The customer warrants and is liable for, in all cases, the veracity, exactness, update and authenticity of the Personal Data provided and undertakes to keep them duly updated.
The license has an indefinite term, expressly stated in the annexes of this agreement, and starts to take effect from the moment it is activated and in all cases is subject to full compliance by the participating parties hereof of the agreed obligations.
Spamina reserves the right to exclude and/or temporarily or definitively terminate this license in the following cases:
The exclusion of the customer or user of the termination of the transfer of use shall not mean that relevant legal action or indemnification claims have been waived when the customer has deliberately acted in bad faith, in order to damage the computer application or directly or indirectly damage Spamina and/or Spamina customers.
All rights not expressly provided for or mentioned in this license shall be automatically and wholly reserved for Spamina; none of the clauses herein may be construed to permit in any way the use of the application in such a way that damages Spamina, or is contrary to normal and legal use of the application. Nevertheless, Spamina reserves the right to perform periodic checks to verify full compliance by the customer with the terms and conditions set out in this license.
In accordance with the provisions of Organic Law 15/1999 of 13 December regarding Personal Data Protection, all personal data provided during use of the web site shall be handled in accordance with the Privacy Policy which all users shall expressly accept in order to use and register with the system. All users accepting these conditions of use do so having been expressly and unequivocally informed of our Privacy Policy, understanding that they have the right to access, rectify, cancel and oppose with respect to their personal data and may exercise this right in accordance with the Privacy Policy.
For any litigious matter that burdens our web site or any web site that it depends on, Spanish law shall be used, and all conflicts deriving from or related to the use of this web site shall be resolved in the Courts of the City of Barcelona, Spain.
In order to present claims regarding the use of our services you may send mail to the electronic or physical addresses indicated above, and in all cases must initially attempt an amicable solution.