Terms and Conditions of Service

Provider Identification

Owner: OASYS NEST, S.L.U.

Registered office: C/ Cami Terminal 6a. - 07009 - Palma De Mallorca (Balearic Islands)

Tax ID: B22913834

Phone: 667067712

Purpose

Through this text, we make available to all users and customers the terms of use and registration that apply to our online services platform and the services we provide, reflecting all the rights and obligations of the parties.

All users who visit or access our platform and/or use any of the services we make available accept the terms of use and privacy policy, as well as any modifications and/or additional legal texts that may be included in the future. If you disagree with any of the conditions, you may unsubscribe from the service at any time or, if you are not a registered user, leave the platform.

In addition to these conditions, each service provided may be regulated by specific terms of use and registration, and it is mandatory that the user expressly accepts them before use and/or contracting.

Electronic Service Contracting

1. Prior Information Applicable to Electronic Contracting

In accordance with Article 23 and following of Law 34/2002 on information society services and electronic commerce, contracts concluded electronically shall produce all the effects provided for by the legal system, provided that the consent of both parties exists and can be proven.

For these purposes, it shall be understood that following all phases of the registration process and, where applicable, payment of the corresponding economic amount, necessarily implies the provision of the express consent required for contracting the service.

Similarly, and in accordance with Article 27 of Law 34/2002 on information society services and electronic commerce, all information related to the contracting procedure is made available to users prior to the start of the contracting procedure.

2. Contracting Procedure

The service contracting procedure is carried out completely electronically through our platform, without any physical presence of the parties and/or external physical transaction at any time.

Anyone with Internet access can carry out the contracting.

The phases of the contracting procedure are visible to users throughout the entire contracting procedure. Three phases can be distinguished:

• User identification.
• Service and payment method selection.
• Service confirmation.

The user only needs to select the service they wish to purchase and click the purchase button provided for this purpose. In this way, the contracting procedure will begin, which will always follow the steps indicated above for all available services.

Once the service, quantity, applicable taxes, total price, and payment method have been selected, the platform will show the user a summary of the contracting performed, along with the applicable contracting conditions, which must be expressly accepted by the user in all cases to continue the contracting process.

Once the checkbox for accepting the contracting conditions has been checked, if an electronic payment method has been selected, the user will be directly redirected to the corresponding external payment platform to make the payment, without the provider having the possibility to access credit card data and/or user payment systems at any time.

The security of the payment procedure is guaranteed by the financial institution.

Once the service contracting is completed, a summary screen of the contracting performed will be displayed.

If credit card payment has been selected, it will be carried out through the bank's TPV, a platform completely external and independent of the provider.

Within a maximum period of 24 hours, the service contractor will receive an email showing all information related to the contracted service. This document is confirmation that the contracting has been successfully completed, being valid as a means of accreditation for any type of claim, provided that the corresponding payment receipt is attached.

The provider informs the user that all contracts made will be registered in a file for the control and management of contracts, in which information about contracted services will be reflected, along with additional information to guarantee security and evidence of the correct completion of the procedure.

Payment for contracted services may be made through the following options:

Payment options:

• Google Pay: secure payment using Google's platform.
• Apple Pay: secure payment through Apple's platform.
• Stripe: credit or debit card payment managed through the Stripe payment gateway.

All payments will be made under secure conditions, using applicable encryption systems and data protection to guarantee the confidentiality of user information.

3. Right of Withdrawal from Contracting

In accordance with Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, together with Article 45 of Law 7/1996 on Retail Trade, the user has the right to withdraw from the contract during the period from the moment the service has been contracted.

To exercise the right of withdrawal, the user simply must request it in writing to any of the addresses mentioned below, expressly indicating their request to exercise the right of withdrawal:

Postal Address: C/ Cami Terminal 6a. - 07009 - Palma De Mallorca (Balearic Islands)

Email: dpo@iziworld.app

In any case, it is the consumer and user's responsibility to prove that they have exercised their right of withdrawal in accordance with the provisions of this chapter.

Once the request to exercise the right of withdrawal is received, we will proceed to refund the economic amount paid (without including shipping and handling costs that may have been initially paid) within a maximum period of 14 calendar days from receipt of the withdrawal and always through the means used to pay for the service, or otherwise by bank transfer.

Exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. If they have consumed any of these services, it will not be possible to exercise the right of withdrawal.

User Obligations

The user commits during the term of this contract to:

• Not use the platform or any of its components to develop time-sharing operations, become a software application service provider insofar as they are aimed at enabling third-party access to the platform or any of its components, through rental operations, administrative services, or any others of similar consideration, sharing them or making them available to third parties.
• Not subject the platform or any of its elements to activities aimed, directly or indirectly, at decompiling its software, involving subjecting it to operations of an inverse nature to those that determined its construction or which, ultimately, constitute or may constitute reverse engineering, decompilation, or disassembly operations. None of the sections of this contract may be understood as authorization to access the platform's source code.
• Not publish the platform or use it as a system for managing and exchanging illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
• Not subject the platform to workloads aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. If such situations are detected, the agreed service level will not apply, being considered an emergency situation, therefore OASYS NEST, S.L.U. assumes no responsibility for service unavailability.
• Not perform acts of reverse engineering, requirements gathering, and other activities aimed at developing an identical or similar online platform to that made available by the provider, this activity being considered an act of unfair competition and violation of intellectual and industrial property rights held by the provider over the platform.
• Not translate, adapt, improve, transform, modify, or correct the platform or any of its components, not being able to incorporate it into other software or portals of their own or provided by third parties.
• Not remove, suppress, alter, manipulate, or in any way modify notes, legends, indications, or symbols that the provider, as legitimate holder of rights, incorporates into its properties regarding intellectual or industrial property (such as copyright, ©, ® and TM, etc.) either on the platform itself or on associated material.
• Accept that the provider may introduce contextualized advertising or not.
• Pay the economic amounts expressly indicated in this contract in a timely manner and form.

Guarantees and Responsibilities

We are deeply committed to ensuring our services function correctly and in accordance with the conditions agreed with our users. However, situations may occasionally occur, especially due to the intervention of malicious third parties, that could give rise to liabilities. In this regard, below we indicate those situations in which we are not responsible for user actions, with users assuming all resulting responsibilities:

• If information appears published on the platform that was not hosted by us or that was published by a third party outside the organization.
• If the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
• If the user or any third party stores, disseminates, publishes, or distributes on the platform any type of defamatory, injurious, discriminatory material that incites violence or goes against morality, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties.
• If the user or any third party uses the platform to introduce data, viruses, malicious code, hardware, or any other electronic or physical instrument or device, and damages are caused to other users' systems.

The services made available and marketed through the provider are provided by third-party companies external and completely independent of the provider. Therefore, the provider is not responsible for occasional failures in service continuity or occasional unavailability.

If the services contracted by the user are not available for more than 72 hours from notification of the incident, the user is authorized to request from the provider the termination of this contract and refund of economic amounts corresponding to unused services, which will be duly reimbursed through the same means used for initial payment or otherwise by bank transfer.

Intellectual and Industrial Property Rights

We are deeply committed to protecting intellectual property rights. That is why we have established the following conditions and policies:

1. Relating to the Online Platform

The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to signing this contract.

The user expressly acknowledges that the provider holds all rights, title, and interest in the platform and associated computer developments for the service, as well as all its modules, modifications, and updates, and any element and/or functionality developed on it, regardless of whether it has been requested by the user or not.

The structure, characteristics, codes, work methods, information systems and their exchange, development tools, know-how, methodologies, processes, technologies, or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider, being duly protected by national and international intellectual and/or industrial property laws, and cannot be subject to further modification, copying, alteration, reproduction, adaptation, or translation by the user without prior express consent from the provider.

Similarly, all user manuals, texts, graphic designs, databases that complement the platform and/or associated materials are the property of the provider and cannot be subject to further modification, copying, alteration, reproduction, adaptation, or translation by the user.

Making the platform available in service mode or mere access by the user does not imply, in any case, the transfer of its ownership or granting of a right of use in favor of the user different from that expressed in these conditions.

In order for the user to be able to use the platform, exclusive property of the provider, it grants by virtue of this contract a license to use in favor of the user of a non-exclusive nature, of limited temporal scope to each connection period, of unlimited spatial scope insofar as it can be accessed from any computer with Internet, non-transferable, revocable, and non-sublicensable.

In any case, any type of reproduction, imitation, transmission, translation, modification, creation of derivative works, and/or public communication is absolutely prohibited, regardless of the means used for it, with the infringing user assuming all direct or derived responsibilities that could occur.

2. Relating to User Content and Information

All content and information published or managed by users on the platform is their exclusive property.

The provider receives no type of intellectual property right due to the user hosting or managing them on its platform, so it cannot process them for purposes different from those directly related to providing effectively contracted services.

Confidentiality and Data Protection

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during platform use and service provision will be processed in accordance with the Privacy Policy, which every user must expressly accept prior to registration.

Every user who accepts these terms of use accepts our Privacy Policy in an informed, express, and unequivocal manner, with rights of access, rectification, cancellation, and opposition regarding their personal data, being able to exercise them as informed in the mentioned Privacy Policy.

Temporal Conditions

These conditions will enter into force on the date of service contracting and will have a duration of one year, being tacitly renewed for annual periods.

Either party may terminate this contract through express written communication to the other party, at least 30 days before the start of the next period.

However, those services that are consumption-based and contracted in packages or promotions may have a specific determined duration less than indicated, which will be shown in all cases before proceeding with contracting.

Economic Conditions

The rates applicable to each of the services offered through the platform will be solely and exclusively those published on the online platform, these being the only valid ones, except for typographical or transcription errors, in which case the provider commits to modifying them immediately.

If the payment method is by direct debit, the user expressly accepts that the provider periodically makes, at the indicated times, corresponding economic charges to the user's bank account.

The provider reserves the right to cancel contracts made within 7 days from the time of their completion if it detects the existence of typographical or transcription errors in the price and/or taxes applied to the transaction.

The provider reserves the right to make any type of modification to the rates for each service, committing to publish them on the platform visibly for users. Unless otherwise provided, rate modifications will not be retroactive.

All contracted services will be duly invoiced and paid in advance of service provision or at the end of the month, depending on the contracting modality used.

All rates will be increased by the amount corresponding to taxes in effect on the date of invoice issuance, being duly reflected in each purchase summary.

Customer Service and Technical Support

The provider makes available to the user a customer service and technical assistance according to the following characteristics:

Email: oasysnest@gmail.com; soporte@iziworld.app; dpo@iziworld.app

Unless otherwise specifically provided, customer service will be provided exclusively in Spanish.

Contract Termination

This contract may be terminated whenever any of the following circumstances occur:

• Breach of obligations set forth in this contract.
• By expiration of its duration, provided that either party has expressly manifested at least 30 days in advance their intention not to automatically renew the contract.
• Declaration of bankruptcy of the other party, or the initiation of any such procedures or equivalent before competent authorities, and obligations are repeatedly breached by it, whether filed by either party or by a third party.
• If corresponding economic amounts are not paid according to agreed times and form. The service will be automatically blocked the day after non-payment occurs. For reactivation, it will only be necessary to pay the corresponding economic amount.
• The dissolution, liquidation, or loss of legal personality of either party.
• Any change or substantial variation of essential conditions indicated in this contract for carrying out the celebration of this contract.

Similarly, for the contract to be fully terminated, the user must pay all pending economic amounts, with no possibility of full termination without fulfilling this obligation considered essential.

If the contract is terminated unilaterally by the user without duly proven and justified cause, they waive any type of claim for economic amounts paid to date.

Extrajudicial Dispute Resolution

Also, under the terms set out in Article 14 of EU Regulation 524/2013 on dispute resolution in consumer matters, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm

Applicable Law and Jurisdiction

For any controversy or conflict that may arise from these terms or conditions, Spanish Law will apply. Resolution of judicial conflicts will be subject to the jurisdiction of the Courts and Tribunals of the user or customer's domicile.