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Terms of Service

ATHENTO SMART ENGINE WEBSITE TERMS AND CONDITIONS

  1. ACCEPTANCE
  2. TYPES OF USERS
  3. UPDATES TO THESE TERMS OF USE
  4. SYSTEM INTEGRITY
  5. INFORMATION POSTED ON THIS WEBSITE
  6. THIRD PARTY SERVICES
  7. COMPLIANCE WITH THE LAW
  8. FREE TRIAL
  9. REFUNDS AND CANCELLATION
  10. PRIVACY
  11. INTELLECTUAL PROPERTY
  12. RELATIONSHIP
  13. NOTICES
  14. APPLICABLE LAW AND JURISDICTION
  15. NO WARRANTY
  16. LIMITATION OF LIABILITY
  17. OTHER GENERAL PROVISIONS

These ATHENTO SMART ENGINE Website Terms of Use explain the contractual agreement between you, who agrees to these Terms of Use, and YSEngineers, S.L. ("ATHENTO") regarding your use of this Website services, activities and transactions performed through the ATHENTO SMART ENGINE Website.

Please, print a copy of these terms and conditions for future reference.

The se.athento.com website is operated by YSEngineers, S.L. whose registered address is C/ Marie Curie 8, Edif. B, 29590, Málaga, VAT Number: B92688365

1. ACCEPTANCE

By using the ATHENTO SMART ENGINE Website, you agree to the provisions contained in these Terms of Use, which govern your use of ATHENTO's services. To become an "User", you must enter your password and check the "I Agree" field, acknowledging your agreement with these Terms of Use and enabling you to proceed with the registration. If you do not accept these Terms of Use, you are not authorized to use the ATHENTO SMART ENGINE Website. If you have any questions about these Terms of Use, please contact support@athento.com.

2. TYPES OF USERS

ATHENTO is a company which provides Document Management Cloud software to other companies.  There are different kinds of users of the ATHENTO SMART ENGINE Website:

  1. Website Visitors: who are able to browse all the content and general information about ATHENTO SMART ENGINE.
  2. Free Trial Users: These users register in order to get a free trial of our online service by filling out our registration form. They must agree to these Terms of Use.
  3. Sporadic Users: These are users that register by filling out an on-line application, by selecting an ID and a password. Sporadic Users must agree too to these Terms of Use. Our service is “on demand”. This means that users can scale the service up and down according to their needs, without registration charges or fixed fees.
  4. Frequent Users: Frequent Users register by filling out an on-line application, by selecting an ID and a password. It is mandatory for them to accept these Terms of Use. Frequent Users may choose between a set of subscription plans based on different usage volumes. Subscription plans have a fixed monthly charge for the defined usage volume. This mode allows these users to take advantage of savings. A user can consume more than the usage defined in the contracted package. The additional usage will be charge using the “On demand” conditions.

If you choose not to register as a Free Trial User or Sporadic User or Frequent User and remain only as a Website Visitor, you can still access certain information on the ATHENTO SMART ENGINE Website, and your use is your automatic agreement to the applicable provisions in these Terms of Use.

3. UPDATES TO THESE TERMS OF USE

ATHENTO may amend these Terms of Use at any time by posting the amended Terms of Use on the ATHENTO SMART ENGINE Website. If you are a Sporadic User or a Frequent User, we will also email you a notice of the amended Terms of Use. The amended Terms of Use will be effective on the date indicated in the notice. We may also add, delete or modify some or all of our services at any time.

4. SYSTEM INTEGRITY

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, scripts or cancelbots, intended to damage, obtain data, overload servers or interfere with the proper working of the ATHENTO SMART ENGINE Website or any workflow being conducted on our site or to surreptitiously intercept or expropriate any system, data or personal information from the ATHENTO SMART ENGINE Website. You may not take any action that imposes an unreasonable or disproportionately large load on our systems, including but not limited to "spam" or other such unsolicited mass emailing techniques.

5. INFORMATION POSTED ON THIS WEBSITE

You are solely responsible for information, which you send on the ATHENTO SMART ENGINE Website, including but not limited to any document or data submitted to our web service. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; (c) be obscene, indecent or contain pornography; nor d) racist contents or racial hate. We do not review any information posted or document contained on the ATHENTO SMART ENGINE Website and we are not liable for any information posted on the service.  We reserve the right to take any action regarding the information posted on the ATHENTO SMART ENGINE Website which we believe is appropriate in our sole discretion with respect to information posted on the ATHENTO SMART ENGINE Website, including but not limited to termination of your rights of use.

6. THIRD PARTY SERVICES

The ATHENTO SMART ENGINE Website may contain information published by various third party providers. Besides, our service may use other third party services. By registering as a user in our cloud service, you are accepting that ATHENTO may exchange information with these external services. We may no control these external services and we do not guarantee continuous, uninterrupted or secure access to them.

7. COMPLIANCE WITH THE LAW

You must comply with all applicable laws, statutes, ordinances and regulations regarding your use of the ATHENTO SMART ENGINE Website. You are responsible for paying all applicable fees and taxes you incur in connection with access of our service.

8. FREE TRIAL

The free trial allows you to use the system under limited work load capabilities. ATHENTO may change the limits at any time. By submitting your data, you accept the 30-Days Free Trial Offer and:

  1. consent to us using your personal data in accordance with our Privacy Policy
  2. acknowledge and agree to ATHENTO SMART ENGINE Website Terms and Conditions of Use.

If you decide that you do want to become a paying user of the Service upon the lapse of the Free Trial Period, you have to activate your Contract Plan (instructions for this can be found at the Website).

ATHENTO SMART ENGINE Website reserves the right, in its absolute discretion, to withdraw or to modify a Free Trial at any time without prior notice and with no liability.

9. REFUNDS AND CANCELLATION

We may immediately terminate any or all of your rights of use and/or any of your current contract plans or orders, if applicable, if you break any of these Terms of Use, or if we are unable to verify or authenticate any information you provide to us. You may terminate your ID and password at any time by contacting us at support@athento.com; however, there are no refunds or credits for partially used periods.

10. PRIVACY

Your user ID and password should be maintained as confidential and should not be shared with anyone or distributed or disclosed to third parties. It is your responsibility to notify us immediately upon your knowledge or belief that your user ID and password are subject to a breach of confidentiality. We recommend that you review our Privacy Policy, which is part of these Terms of Use. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the ATHENTO SMART ENGINE Website. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

11. INTELLECTUAL PROPERTY

The ATHENTO SMART ENGINE Website and all intellectual property rights included in or related to the ATHENTO (including but not limited to copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in the ATHENTO SMART ENGINE Website and the intellectual property rights remain our property. You may not reproduce, decompile, disassemble, modify or create derivative works with respect to the ATHENTO SMART ENGINE Website.  Certain content is licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the ATHENTO SMART ENGINE Website or its content.

12. RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and ATHENTO.

13. NOTICES

Except as explicitly stated otherwise or required by law, you shall provide any notices to ATHENTO by email to support@athento.com. We shall provide any notices to you by email to the email address you provided during your registration. Email notices will be deemed given within 1 business day CET of delivery by us.

14. APPLICABLE LAW AND JURISDICTION

Although the ATHENTO SMART ENGINE Website (excluding linked sites) is operated by us from our offices in Malaga (Spain), it can be accessed from all over the world. As each country has laws that may differ from those of Spain, by accessing the ATHENTO SMART ENGINE Website, you agree that these Terms of Use and your use of the ATHENTO SMART ENGINE Website shall be governed in all respects by the internal substantive laws of Spain, without regard to conflict of law provisions. You further submit to jurisdiction and venue in the courts located in Malaga (Spain) and further agrees that any cause of action you may bring arising under your use of the ATHENTO SMART ENGINE Website shall be brought by you exclusively in Malaga Law Courts. ATHENTO makes no representation that materials on the ATHENTO SMART ENGINE Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

15. NO WARRANTY

We provide the ATHENTO SMART ENGINE Website and our services “As Is”, where is, and without any warranty or condition of any kind, express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We also do not guarantee continuous, uninterrupted or secure access to our services, and operation of the ATHENTO SMART ENGINE Website may be interfered with by numerous factors outside of our control. You use the ATHENTO SMART ENGINE Website at your own risk.

16. LIMITATION OF LIABILITY

Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the ATHENTO SMART ENGINE Website caused by our supplier's performance or lack of performance of the maintenance work to keep the ATHENTO SMART ENGINE Website operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, wrong deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the ATHENTO SMART ENGINE Website. In no event shall ATHENTO be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, regardless of whether we knew or should have known of the possibility of such damages.

17. OTHER GENERAL PROVISIONS

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be ignored and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

By clicking “I agree” below the registration form and entering your password and/or by using our services and the ATHENTO Website, you represent and warrant that you can form legally binding contracts under applicable law, that you have authority to bind yourself and any entity you represent to these Terms of Use and that by doing so you are not breaching or in conflict with another agreement or obligation.

By clicking “I Agree”, you acknowledge your agreement with the provisions contained in these Terms of Use.