Blockchain Data Management Platform Service Legal Agreement
BLOOCK © is a program as a service (SaaS) that facilitates the certification of all kinds of data through blockchain in an easy, fast and affordable way. BLOOCK provides a solution to the main technological barriers of Distributed Ledger Technology (DLT), such as low scalability, development complexity, recurring high and fluctuating costs, and privacy-, without sacrificing any of the innovative, disruptive advantages offered.
It provides a reduction of maintenance costs thanks to the use of cryptographic aggregators that increase the capacity of blockchain technology while reducing the cost of use.
It is accessible online remotely through a web interface without prior download on the Customer’s computers, it does not require Customer storage space, since it uses data in the cloud. It just downloads the software development tool (Software Development Kits, SDK).
BLOOCK is designed by us, Enchainté Tech S.L., an online software service company for data certification through blockchain, or blockchain, (“BC”) as SaaS
2. The BLOOCK Agreement. Hiring BLOOCK.
Customer authorizes us to subcontract all or part of the functions and services provided under this Agreement, to third parties, subsidiaries, investors or business partners of the same, hosting, handling and provision and use of data corresponding to the functions hired although the Service Provider will remain primarily and directly responsible for the fulfillment of the obligations arising here from for it.
2.2 Customers and Users:
BLOOCK can be hired by any natural person aged 18 and above, and any legal entity, institution, subject to registration as indicated with the acceptance of this Agreement. In the case of legal persons, entities, entrepreneurs, or professionals, it will be presumed that they have the powers, powers, and authorization or sufficient capacity to bind the entity or organization represented, in the hiring, and compliance with this Agreement and use of BLOOCK.
If you are a micro-enterprise, a small and medium-sized enterprise, or a not-for-profit institution, please refer to the waiver of rights that would otherwise be applicable under the European Electronic Communications Code or commercial communications to natural persons not acting for the purposes of their commercial activity, business, trade or profession, for the mandatory consumer & user protection provisions may be applicable to you.
The rights contemplated in the European Electronic Communications Code (Directive 2018/1972) Article 102, paragraphs 1, 3and5, Article 105 (1) and Article 107 (1) and Article 107, Article 107, Article 1 and (3), shall not apply to not-for-profit institutions, micro-enterprises, and small and medium-sized enterprises.
2.3 Sign-up process:
On the website, www.bloock.com Customer can find the necessary information regarding:
- Procedures or actions to be followed to conclude the Agreement
- Policy on filing the electronic document in which the Agreement is formalized and its accessibility.
- Technical tools at Customer’s disposal to identify and correct data entry errors.
- Language or languages in which the Agreement may be formalized (Spanish or English).
- Cookies Policy.
If the User expressly authorizes so, through the relevant form or in case of Agreement signed-up on-line, – selecting or clicking the corresponding box or button – we may send the User, where appropriate, offer, promotion, and information that may be of interest to the User.
To activate the Agreement online through the website, the following blanks must be filled in:
Company Name, Registered Office (street, number, city, country zip code), Tax Number, e-mail, contact telephone number, name, and given name of the contact person.
Name and given name, address zip code, number of Identity Card / Passport / Residence Card, e-mail, contact telephone number, indicating if you are acting as an entrepreneur or professional.
2.5 This Agreement does not grant any software license whether standard, customized, or “on-premise”, nor any right to purchase it or an assignment of license or right whatsoever to use the BLOOCK software to the Customer or any User. The purpose of this BLOOCK Agreement is to regulate the terms and conditions of a service providing limited, temporary, non-exclusive, and non-transferable online access and use of the software.
2.6 Although BLOOCK is obtained from open source (Open Source), we retain at all times the full, exclusive and legal title as it is allowed by the state of art (technology) and the Law for the use and commercial exploitation sale, marketing, and distribution, including, without limitation, its intellectual property to the extent at any time permitted by the state of the art and the law.
2.7 For the purposes hereof any user that accesses and/or uses the BLOOCK shall be equally considered to form part of and make the use and consumption for the Customer account (hereinafter shall be referred to “Customer” and/or “User”).
2.8 The following forms an integral part of this Agreement:
- Specifications of BLOOCK. Services, Prices, and payment methods published on www.bloock.com/pricing
- Cookies Policy published on www.bloock.com/cookies-policy/
- Legal Notice published on www.bloock.com/legal-notice-and-terms-of-use/
- Use of BLOOCK Website and apps.
- Communications option form.
3. Price and payment method
The Customer shall pay the price for the Service according to the Tariffs corresponding to the Service hired as shall be detailed once the Customer has entered his identification details.
WE shall be entitled to increase the Price Tariff annually, with effects as of 1st January each calendar year, every, according to the increase, as the case be, of the consumer price index (CPI) published by the National Institute of Statistics (or agency or index that replaces it) annually (or by renewal or extension of the precedent official index rating).
Prices may also vary depending on the offers or discounts we approve from time to time.
We may also modify at any time the price or rates applicable in any of the Services, which will be published on our website. For Customers that at the time of the change have a BLOOCK Agreement in force, the new rates will take effect on the first day of the calendar month immediately subsequent to the month in which the change be published. The use of the Services by Customer or User after the price changes becoming effective implies Customer’s acceptance of the new terms.
The Price and Tariffs shall be subject to the taxes, deductions, withholdings, and tax charges that are applicable to the Parties according to law. In particular, prices will be subject to Value Added Tax (VAT) as provided for by the VAT legislation and regulations applicable at all times and must be reflected separately on the corresponding invoice.
In the online BLOOCK Agreement payment shall be made by credit card or other means of bank payment as allowed in the BLOOCK forms approved at all times).
The use of BLOOCK by the Customer in excess of the capacity allowed by the Service Tariff will accrue the corresponding rate and price payable which shall be invoiced by us and paid by Customer through the corresponding payment system.
We will issue the corresponding invoices to the Customer when upon Customer signing-up available within the user area on our Platform.
Invoices shall be payable upon signing-up or starting using BLOOCK (whichever is earlier), in Euros (€), for their total full amount and net of any commission, expense, or charge (all costs and expenses which may accrue for that reason shall be payable by the Customer).
By authorizing periodic payments, the Customer authorizes us to store its payment instrument and to process such payments as electronic payments, funds transfers, or electronic drafts from its designated account (for the Automatic Clearing Office or similar payments), or as charges to its designated account (for a credit card or similar payments).
Non-payment of any invoice when due as provided herein shall accrue delay interests, daily (365 days a year) at the annual legal interest rate of the money, without prejudice to our other rights to the early termination, blocking and denial of access, cancellation, and other legal actions that assist it especially for the full collection of the debt.
4 Guarantee of service level and our responsibility.
4.2 We guarantee that BLOOCK:
- It is an online software for the certification of data through blockchain (“BC”), as (“Software as a Service“, “SaaS“, developed on Open Source basis software and materials of quality and levels that meet generally accepted standards.
- It is accessible online remotely through a web interface or SDK, without requiring download to Customer computers, does not require storage space of this, since data is used in the cloud.
- It complies with the highest standards of internet security, including maximum security on servers and HTTPS security protocols in all hiring and registration processes, and use of the tool.
4.4 We have full legal title and intellectual property of BLOOCK to the extent as is based on Open Source, which allows its use and exploitation through this Agreement to the widest extent permitted by the Law.
4.5 The software, as well as the Internet, the websites, and any means of transmission of data and instructions are not free from failures and errors. This notwithstanding, we shall make our best efforts to maintain the quality and continuity of the service.
4.6 We shall not be liable for any damage or injury, whether direct or indirect, caused by any cause beyond our reasonable control, in particular, by reason of force majeure, by the effects derived from events that could not have been foreseen or, that, foreseen, were inevitable, outside the control or predictability of the same and by the fortuitous event when an unforeseeable event occurred provided that it had acted with the diligence that was required of it according to the present, and unless it is deliberately caused.
Notwithstanding the foregoing, we shall make our best efforts to solve the problems that have their origin in BLOOCK, collaborating we along with Customer or User in all that is necessary for the quick solution of the incident.
4.7 In no event shall we be liable for any loss, damage, or adverse effect to the Customer or User, its employees, partners, directors, or to any third party whether natural or legal person, which is due to any cause beyond our reasonable control. Among others, by way of example – but not limited to–: We shall not be liable in any event for direct, indirect damages, loss of profits, loss of sales, turnover, profits, customers, suppliers, business collaborators, goodwill, consequential or tort damages, or any other, nor interest, penalties, compensation, costs or any other concept derived from the above, which have their origin in:
- The misuse or abuse by the Customer or User of the platform, tool and functions of BLOOCK, and /or the information provided and/or obtained through BLOOCK or in general, the services hired from us;
- Absence or failures in the connections, devices, or programs of the Customer or User or of the third parties with whom the Customer or User interacts, or other third parties, or in the contents, data, or information managed by the Customer or User or third parties through BLOOCK. It is the sole responsibility of the Customer to make use of the BLOOCK for legitimate purposes to exempt us from all liability for this reason.
- Errors, delays on the part of the Customer or User or of the third parties with whom it interacts or other third parties, in the handling of the BLOOCK tool, or due to malfunction or falls in the Internet network, fortuitous causes or force majeure or any other unforeseeable contingency beyond the good faith.
- Negligence or bad faith in the use of the service, alterations, or damages caused by the User and/or Customer to BLOOCK.
- Problems of interoperability or problems in the e-mail addresses provided by the Customer.
- Data management or processing that has not been previously informed or about which the Customer or User and/or the Third Party have not adopted the relevant measures that concern them.
4.8 Our liability be it for failures, delays defects of the software or support, shall not exceed the amount of the price or fees collected.
4.9 We will cooperate and notify the competent authorities of any incidents as soon as it becomes aware that the damage caused may constitute illegal and/or criminal activity.
5 Customer Obligations and responsibility.
Without prejudice to the general fulfillment of the obligations arising here from for the Customer, the Customer undertakes, in particular, to:
- Have at all times the full ownership and/or legitimate right over the computer and telecommunications systems to use with them when using BLOOCK.
- Provide and maintain at all times true and updated identification data.
- Pay the agreed price according to the rates in force at all times.
- In the event of non-payment, we may interrupt or temporarily suspend access to all or some of the software’s functions.
- Use BLOOCK in a lawful manner, appropriate to the specifications and purposes for which it is designed and for which the service is offered and without damaging third parties.
- Use Customer profiles, passwords, and access codes lawfully and diligently, and keep them properly and inform us of loss or theft or unauthorized access.
- Refrain from using BLOOCK with or together with malware that may affect the proper functioning of the same, damage it, or third parties.
- Refrain from making illegal or inappropriate use in the reception, download, processing, storage, or sending of documents, data, or contents in the use of the service provided, by way of example, that may: damage or violate fundamental or economic rights of individuals, minors, and especially vulnerable groups, contain threats, hate, harassment, be considered adult or pornographic material, any criminal activity or reducing in fraud, scam or introduction or attack or interaction of computer virus or similar tool.
6. Service Control
Customer accepts that we may:
- To suspend, terminate or block access, without prior notice, whether definitively or temporarily, in case of non-payment of any of the accrued fees, and in case of a serious breach by the Customer and termination in the cases regulated herein, without compensation or indemnification whatsoever for the Customer and without prejudice to other legal actions for damages that we may exercise and claim.
7. Term and termination
7.1 The Service contracted out under BLOOCK Agreement shall become effective as from the moment of its Customer signing up for it (“Effective Date”) and will continue in force according to the service hired, used, and in force from time to time unless Terminated by either: (a) the Customer communicates his desire to end it in which case it will be effective on the first day of the immediate calendar month; or (b) in any of the events of Early Termination and their respective effective date as regulated herein below
7.2 In any case, and regardless of the termination in the provision of the Service, payment obligations of fees accrued until the Termination whatever the cause or type of service used shall remain in force and enforceable until full payment and settlement, as well as the obligations on Control of the Service, Privacy, Use of Website, and Confidentiality and Limited Use.
8. Early Termination. Events and Effects.
Without prejudice to the termination under Section 7.1. (a), the BLOOCK Agreement shall be terminated in any of the following events, with the effects indicated respectively:
- By mutual agreement of the parties.
- By impossibility due to force majeure, affecting Service to be properly provided, in which case no compensation or indemnification shall accrue to either party.
- In case of breach by the Customer of any of its obligations: We may suspend, terminate or block access, without prior notice, and definitively or temporarily, especially in case of non-payment of any of the accrued fees, and in case of a serious breach by the Customer and termination in the cases regulated herein, without compensation or compensation for the Customer and without prejudice to other legal actions and compensation for damages that we may exercise and claim.
9. Contact, Information and Support.
BLOOCK service includes support and technical maintenance, in order to maintain its optimal performance.
However, Customer accepts that problems may arise with the operation caused by various factors that affect it outside our control, such as actions carried out by third parties in the network that may influence the system. We will carry out the commercially reasonable available actions to avoid or minimize the effects and restore the service level in the shortest possible response time.
For Customer information and assistance, you can contact:
10 Privacy and Cookies.
11 Confidentiality and Limited Use.
All our information and knowledge, comprising without limitation: technical, scientific, industrial, commercial, organizational, financial, patents, trademarks, designs, prototypes, beta and sample developments, intellectual property, logos, personal data, know-how, whether or not registered, to which the other Party has had access, whether or not identified as confidential, has business value, especially under Law 1/2019, of February 20, on Business Secrets (“Confidential Information”).
The above Confidentiality obligations shall not apply in case of Confidential Information that must be made known or delivered to public authorities by obligation or legal mandate, judicial or administrative sanctioning decision in which case it will inform the disclosing party as soon as it becomes aware of the obligation or requirement.
In no event, the access, disclosure, or transfer of Confidential Information may imply transfer, lending, assignment, or license of any kind of intellectual or industrial property on it or on any part of it, so the receiving party is expressly prohibited to request any registration or protection by any authority, registry or public or private entity in matters of intellectual or industrial property.
12 BLOOCK Intellectual and Industrial Property.
12.1 BLOOCK Intellectual property.BLOOCK contents and funtcions are programmed on an Open-Source basis.
We, Enchainté Tech, SL., own the full ownership and intellectual and industrial property of BLOOCK or has the same because it is based on Open Source, which allows us to use and exploit through this Agreement.
We are the owner of all copyrights, intellectual and industrial property of the BLOOCK Platform tool, design, and the website www.bloock.com, blog, applications, social media channels, services, other functions, media, or channels for access to it that together makeup BLOOCK, as well as the industrial property (trademark, patent, and trade name, logo, and other distinctive signs) of all that the state of science and law allow, belong to:
Enchainté Tech, S.L.
Avda. Diagonal 536 Pral. 08006 Barcelona (Barcelona)
RM Barcelona T. 47.390, F-204, H-B550.398
We state and represent that the BLOOCK functionalities and benefits have been developed and made by it, and/or acquired lawfully and in any case, has sufficient entitlement and right to use them the execution and fulfillment of this Agreement and services offered, as well as the programming code, design and items, and materials associated with its services, articles, contents, images and logos and website and apps of the COMPANY.
All copy, transformation, alteration, distribution, public communication, publication, making it available to the public, sale, and/or commercial or other exploitation of contents, and in general, any and all uses other than the authorized limited use hereunder, whether for commercial purpose or for any other purpose and whatever the technical procedure and media be, are expressly prohibited.
12.2 Industrial property
We own all and legitimate exclusive owners of the trademark.
12.3 General provisions.
By virtue of articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, is expressly prohibited, without the permission of www.enchainte.com.
User must respect the intellectual and industrial property rights owned by Enchainté Tech, s.l..
User knows and accepts that the entire website, containing but not limited to the text, software, contents (including structure, selection, arrangement, and presentation thereof podcast, photographs, audiovisual material, and graphics), are protected by trademarks, copyrights, and other legitimate rights, in accordance with the international treaties.
In the event that a user or a third party considers that there has been a violation of their legitimate intellectual property rights by the introduction of certain content on the web, they must notify this circumstance to www.enchainte.com indicating:
- Personal data of the owner of the rights allegedly breached, or indicate the representation with which it acts in case the claim is presented by a third party other than the interested party.
- Description of the contents protected by intellectual property rights and their location on the web, the accreditation of the intellectual property rights indicated, and express declaration in which the interested party is responsible for the veracity of the information provided in the notification
12.4 Authorization for the use of Customer data and brands.
The Customer and User authorize us to use their data and corporate image (logo) and brands as a Customer or User of BLOOCK in the different means of promotion in order to present and/or promote BLOOCK Services, such as website and/or blog, social networks, catalogs and/or brochures, among others, through the collection of the logo or use of contact data, publication on our website, or through links from the corporate and social media where we and our products and services are present from time to time.
We undertake to use them respecting, at all times, the right to honor and brand image of the Customer or User, and in no case will this imply any assignment of the brand of the Customer or User, but only that they can be used for the exclusive purposes set out above.
13 Entire Agreement.
This document contains the entire agreement of the Parties on the matters referred to herein and supersedes and replaces any other prior written, oral or verbal agreement or covenant on the same matters.
This Agreement is binding and inures to the benefit of the Parties hereto and their respective legal successors and assigns. This notwithstanding Customer and User may not transfer, sell or assign its position in the Agreement nor any right or obligation arising therefrom to any third party. However, we Enchainté Tech may sign any and all of its rights and obligations hereunder which shall be effective for the other Party upon the assignor giving the other Party notice of the assignment. We may assign and transfer our legal position, and any and all of its rights and/or obligations of this Agreement, notifying the Customer / User so that assignment is effective and enforceable to it.
Should any clause or provision of this Agreement be declared, in whole or in part, null or void, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, subsisting the Agreement in all other respects, having such provision, or the part of it that is affected, by not being put. The Parties shall make their best efforts to replace or supplement the Affected Clause or Provision with one that is consistent with the spirit and agreement between the Parties in the transactions governed herein.
Notifications, authorizations, consents, and other communications by reason of the BLOOCK Agreement shall be served through the contact and information service as provided in Section 9. hereof.
18 Applicable law and jurisdiction.
All claims and disputes related to the fulfillment, interpretation, and construction of the Agreement shall be settled by the courts of the city of Barcelona (Spain), all other jurisdictions excluded.
Customers that are private parties not acting for business or professional purposes, may refer their claims to the platform for dispute settlement provided by the EU European Commission available through the following link: http://ec.europa.eu/consumers/odr/.
BLOOCK The Customer
Enchainté Tech, S.L.