These terms and conditions (hereinafter, the "Terms") govern the contracting and provision of services in connection with the generation, conservation, transmission, sharing, making available and communication of digital content as a cognitive, emotional and personal legacy (hereinafter, the "Legacy"), as well as in the execution of actions and compliance with wills at future moments, through the use of our platform (hereinafter, the "Services") accessible through the website located at http://www.soalma.com, including any of its subdomains or sections (hereinafter, the "Website") or through applications that we may publish at the time.
The Services are provided by Fija Soalma, S.L. (hereinafter, "Soalma" or "us"), a mercantile company incorporated in Spain and registered in the Mercantile Registry of Madrid, volume 45076, sheet 210, inscription 1ª, page number M-793302, with Spanish Tax Identification number B-44963981 and registered office at Calle Felipe Olvera 2, Pozuelo de Alarcón, 28223, Madrid. You can contact Soalma at contact@soalma.com.
The Services are contracted by a user (hereinafter the "User") who may designate one or more recipients of the Legacy (hereinafter, the "Recipient" or the "Recipients", as applicable). The User may also designate certain persons who will be in charge of informing Soalma of the death of the User or who may, where appropriate, access part of the Legacy, for a limited period, for its management on behalf of the User in the event of the latter's death (hereinafter the "Trustee" or the "Trustees", as applicable).
In the event that there are special conditions or other specific rules of Soalma for any of the Services, those particular conditions or specific rules will supplement or, if contrary to what is stated herein, replace the content of these Conditions, and must be accepted before the provision of the corresponding service.
In relation to the collection and use of the personal data of Users, Recipients and Trustees, the Privacy Policyapplies.
These Terms and Conditions also apply in addition to theTerms of Useof the Website.
The contracting of the Services by the User implies that it has read, accepted and is subject to these Terms without reservation. If you do not agree with these Terms or any part or clause thereof, do not contract or use the Services.
Through the Services, the User may generate, store, transmit, communicate, make available or share the Legacy, which consists of digital contents that can take the form of text, photos and images, illustrations, videos, audios or documents, presented in any type of format allowed at the time, as well as certain information in relation to them, being the sole and exclusive responsible for the content of the Legacy.
The Services consist of offering the User the possibility of generating, saving, sharing and transmitting his/her Legacy, through Soalma, who will act as an intermediary, to Recipients previously designated by the User, immediately or deferred, at the time predefined by the User. In particular, this moment may be defined by a date or the death of the User (hereinafter, the "Legacy Activation" or the "Legacy Activations", as applicable). For Legacy Activations that consist of events after the User's death, it is necessary to designate one or more Trustees, who must accept the mandate made by the User and will be in charge of informing Soalma of the death of the User, if applicable. For this purpose, Soalma will contact the Trustee to request the acceptance of his/her status as the User's Trustee. In the event that the Trustee accepts the User's request to be his/her Trustee, to do so, he/she must accept these Conditions. When the Legacy Activation requires notification of the death of the User by a Trustee, Soalma will only transmit the Legacy in the event that the Trustee or Trustees previously designated by the User, notify or confirm it to Soalma, by the means established for this purpose and providing the documents or proof that we may require at any given moment for accreditation (e.g. death certificate). Otherwise, the Legacy will be null and void.
Recipients may only access the content of the Legacy through the Website, in accordance with the limitations and conditions preset by the User. In particular, once the Legacy Activation is configured, Soalma will notify the existence of the Legacy to the relevant Recipient. Subsequently, once the Legacy Activation(s) has occurred, Soalma will contact the Recipient again to communicate the Legacy on behalf of the User, requesting the acceptance thereof. In the event that the Recipient agrees to access the Legacy, the Recipient must create an Account (as defined below) and accept these Terms. In the event that the Recipient refuses to access the Legacy, the User accepts and acknowledges that Soalma will not assume any responsibility in this regard. In particular, the User or, where applicable, the successors of the User, shall not be entitled to any refund, compensation or indemnification by Soalma in the event that the Recipient does not accept the Legacy.
The Services are provided in accordance with the description, information and features provided on the Website or otherwise by Soalma, and may be modified, updated or deleted, in whole or in part, at any time. The Services are subject to limitations, including but not limited to a limited Legacy storage capacity or a limited number of Recipients. In order to enjoy certain functionalities, the User must contract the Services for Purchase, in accordance with the provisions of Clause 4.1.
Unless otherwise stated, any modification of the Services or any new services offered by Soalma in connection with them through the Website shall be subject to these Terms.
To use the Services, the User, Recipients and Trustees, must have access to the Internet and pay the costs arising from such access, as well as have the necessary equipment for this purpose. It is the sole responsibility of the User to verify, prior to contracting, the functionalities of the Services, as well as the suitability to meet their needs and that the User, the Recipients and Trustees have the necessary equipment and software for it, assuming the necessary expenses for this purpose.
To contract the Services, the User must register, creating an account on the Website with a username and password (hereinafter, the "Account"). Once the data for the registration of the Account has been completed by the User, a screen will confirm the registration and send a confirmation email. The User must be of legal age.
Through the Account, the User may register the Recipients of each Legacy, as well as the Trustees. Recipients must create an Account in order to receive the Legacy. The registration process of Recipients will require acceptance by the Recipients and their link to these Terms.
Trustees must be of legal age. In particular, in order to register the Trustee correctly, Soalma will contact, in advance, the Trustee and he/she must accept his/her status as a Trustee, accepting these Terms. However, in the event that the User appoints a Trustee to allow the latter to access and manage part of the Legacy on behalf of the User after the User's death, in such case, said Trustee must create an Account for such purpose.
Each User, Trustee and Recipient is responsible for the use of the Services, to the extent applicable to each, and for compliance with these Terms.
The User undertakes to provide all the information that is required with a mandatory character for the registration, both own and of the Trustees and Recipients, as well as to provide truthful and complete information about himself/herself and about the Recipients and Trustees.
The User guarantees the authenticity of all the data communicated in the register, including those corresponding to the Recipients and Trustees. Likewise, it is the User's responsibility to keep the aforementioned information up to date, in the appropriate form. Each User, Trustee and Recipient shall be responsible for the false or inaccurate information provided and for the damages that this may cause to Soalma. If the User, Trustee or Recipient provides, or Soalma has reason to suspect that he/she has provided false, non-updated or incomplete information, Soalma may suspend or terminate the Account or information that is false, not current or incomplete.
Each User, Trustee and Recipient acknowledges and agrees that the Account is personal and that she/he may not dispose, sell, market, exchange, license, assign, offer for sale or otherwise release himself/herself from his/her rights, responsibilities or obligations under the Terms, either in whole or in part, without Soalma's prior written consent. Any attempt to do so will be null and void.
By registering, the User, the Recipients and, where applicable, the Trustees, undertake to follow the following rules:
· They must provide e-mail addresses and, where applicable, valid phone numbers. It should be noted that those email addresses or phone numbers will be used in the event that any notification is necessary, as appropriate, including electronic notifications such as emails, text messages or communications in message applications such as Whatsapp.
· Passwords must be confidential and will not be disclosed to third parties. Third parties should not be allowed access from the User's Account or from the Recipients' Account, nor should a third party's Account be used.
· The User, Recipient or, where applicable, the Trustee, is solely responsible for what is done from their respective Account. If you suspect that a third party is using your Account, you must immediately inform Soalma.
· Soalma may suspend or cancel the User's Account, Recipient or, where applicable, the Trustee´s if it considers that it has breached these Terms or if there is any security risk.
The User, Recipients and Trustees agree to access and use the Services only in accordance with these Terms and in good faith, and not to use the Services negligently or to perform or suggest activities prohibited by law or that violate the rights of third parties.
The User, Recipients and Trustees shall refrain from interfering with the Services and, in particular, from impersonating a third party. Likewise, the User, the Recipients and the Trustees undertake not to perform any act that damages, disables or overloads, impairs or prevents the normal use of the Website, which affects its security or that hinders or interferes with it.
Access to the Website by robots, spiders or any other device, program, mobile application or tool to access, copy or control any part of the Website that is contrary to normal exploitation or that unjustifiably limits the interests of Soalma is prohibited. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using means or techniques different from those that imply the usual way of use or those expressly authorised by Soalma.
The User, the Recipients and the Trustees undertake not to carry out any conduct that could damage the image, interests and rights of Soalma, other users or third parties.
By way of example and without limitation, it is prohibited to include Legacies with contents that:
· Are unlawful, contrary to morals or public order, or involve an illegal activity or are contrary to the principles of good faith.
· Are not authorized to share, because they have not been authorised by the owner of the corresponding rights or because they are not in the public domain.
· Include the image, voice or name of any person or any private or confidential information in connection with it, requiring authorisation.
· Include viruses, worms or any type of code that is destructive in nature or that affects the security of the Recipient or any other User, network or systems.
· In general, are contrary to the principles of legality, protection of human dignity, protection of minors, protection of public order, protection of privacy and intellectual and industrial property rights.
· Do not comply with the specifications and conditions established by Soalma in this regard.
Soalma merely assists in generating and hosting the Legacy, without editing, selecting or controlling it. Soalma does not endorse, warrant or approve any Legacy or any opinion, recommendation, or advice expressed in connection with it, expressly excluding any liability relating to any Legacy.
If you wish to make any queries regarding a Legacy or believe that it violates any right, does not comply with these Terms or is inappropriate, you may contact us at contact@soalma.com .
Without prejudice to the fact that Soalma is not obligated to perform general oversight of the Legacies, Soalma may modify or delete, in whole or in part and at any time, any Legacy that, in its opinion, violates these Terms or may be offensive, illegal or infringing on the rights of third parties.
4.1. Procedure for contracting Soalma´s Services for Purchase
Certain features of the Services, as indicated at any time on the Website, may be subject to remuneration by the User and must be purchased by the User (hereinafter, the "Services for Purchase").
Following the steps indicated on the Website, the User must choose the Services for Purchase they want from the available options, the periodicity for payments and the method of payment. Also, the discounts that apply, if applicable, will apply.
Once you have completed the contracting form, confirmation of the contract will be requested by summarising the contract data and the User may confirm the contract.
Once the contracting and payment has been made, the Services for Purchase will start for the indicated period. At the end of the contracted Services for Purchase period, the User must make a new contract and payment in case of wanting to renew the Services for Purchase initially contracted. In case of non-payment or non-renewal of the Services for Purchase in accordance with the above, Soalma may suspend or eliminate the functions related to the previously contracted Services for Purchase. The User may modify at any time the configuration of the payment method or the duration of the Services for Purchase through his/her Account. For clarification purposes, the duration of the Services for Purchase may only be extended but not reduced.
If the Recipient has access to a Legacy or Legacies that require the subscription of Services for Purchase, the Recipient shall have access to such Legacy/ies through the Website for a limited period without the need to contract any Service for Purchase. However, in the event that the Recipient wishes to continue accessing on a continuous basis, through the Website, the Legacy or Legacies that require the contracting of the Services for Purchase, the Recipient must contract the Services for Purchase necessary to do so from his/her Account. Occasionally, Soalma may provide the Services for Purchase as a free-trial to facilitate the User the task of deciding on the convenience of the Services for Purchase or their acquisition, in which case the payment obligation will not be applicable according to the indications established for this purpose by Soalma.
4.2. Right of withdrawal
The User has the right of withdrawal from the contracting of the Services for Purchase for a period of fourteen (14) calendar days from the date of contracting. In case of withdrawal by the User, the User will be refunded for the full payment made.
In order to exercise the right of withdrawal, the User must notify his/her decision to withdraw from the Services for Purchase through an unambiguous statement (for example, a letter sent by post, fax or e-mail). You can use the withdrawal form that appears at the end of these Terms, although its use is not mandatory.
Notwithstanding the foregoing, the User will only be entitled to a refund when it is mandatory by law. That is, the refund as a result of the cancellation of the Services for Purchase within fourteen (14) calendar days from the contracting, will only apply to those Users who live in the European Union, the European Economic Area, the United Kingdom and in those countries whose regulations require it.
4.3. Documentation relating to transactions carried out
Soalma will confirm by sending an email to the address associated with the User's Account, the contracting of the Services for Purchase performed and a link to the terms of such contracting.
These Terms, as well as any particular conditions applicable to the Services for Purchase may be printed by the User during the contracting process. Likewise, a proof of payment in digital format will be generated and the User may consult the payments at any time in the Account through the Website.
4.4. Price and method of payment
The prices established on the Website will apply to the Services for Purchase at all times. Prices include VAT or indirect taxes applicable to Services for Purchase, unless otherwise stated in the contracting process.
Soalma reserves the right to modify the prices applicable to the Services for Purchase at any time. Such modifications will be published on the Website and will be duly notified in advance.
Payment of the price will be made by the means of payment accepted at all times on the Website. The User guarantees the proper use of the means of payment accepted by Soalma, that all information transmitted in this regard will be true and updated, and undertakes to pay all the price, including applicable taxes. The holder of the selected card or payment method shall be responsible for the transaction.
Soalma uses secure payment gateways that guarantee the integrity of communications through sufficiently secure means, and payment is made according to the SSL security protocol. Authentication mechanisms are defined by the issuing entity of the payment card. Soalma does not store, process or transmit payment data relating to the card itself or to the cardholder (such as card number, cardholder, expiration date, service code, electronic signature or authentication code of the cardholder, magnetic stripe data of the card or bank account associated with the card).
When paid by card, the cardholder agrees that the card must be associated with a bank account with sufficient funds to enable the amount to be debited from the account and that the card must be authorized by the issuing bank for use in online payments.
It should be borne in mind that, if the User is contracting from outside Spain, Soalma will be considered an international operator, so the payment entity will manage the payment according to the conditions that he/she has contracted for international purchases, which may imply that the value is modified according to the exchange rates applied or that he/she is charged in another currency other than the one selected.
4.5. Modification or cancellation of the Services
The User may request, at any time, the modification or cancellation of one or all of the Services through his/her Account on the Website. The withdrawal will only be effective once it has been verified by Soalma, within a maximum period of 14 days.
The request for modification or cancellation will not affect the Services that have already been contracted and paid, which will continue to be provided until the end of the period already paid and the anticipated amounts will not be refunded, without prejudice to the provisions regarding the right of withdrawal.
In case of death of the User, the Services (including the Services for Purchase contracted so far), will be maintained until the last Legacy Activation is executed and, in any case, up to a maximum of 20 years from the death of the User.
The elements, functionalities and utilities integrated within the Services, include content and material owned by or licensed to Soalma, which are protected by the laws on intellectual or industrial property.
In particular, the Services, including the Website (whether past, present or future versions), as well as all its functionalities, contents and elements, are owned and controlled by Soalma or its licensors and are protected by intellectual or industrial property rights. In particular, all texts, graphics, user interfaces, visual interfaces, databases, photographs, logos, sounds, music, works, creations and computer codes displayed on or available through the Services are protected, as well as the design, structure, selection, coordination, expression and arrangement of such elements, including, without limitation, (i) trademarks, logos and trade names; (ii) the format of the Services offered by Soalma; and (iii) other forms of intellectual and industrial property.
The User, the Recipients and the Trustees acknowledge that, outside of the authorised uses of the Website, the reproduction, distribution, public communication, modification or transformation, including without limitation the marketing, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code of the Website through which the Services are provided (except to the extent permitted by the applicable regulations), constitute an infringement of the intellectual property rights or industrial ownership of or licensed to Soalma, undertaking, consequently, not to perform any of the aforementioned actions.
Subject to compliance with these Terms, Soalma grants the User, Recipients and Trustees a non-exclusive, limited, revocable, personal and non-transferable authorisation to use the Website only to receive the Services, in accordance with the terms of those Services and to the extent that they are entitled to receive them. Except for this authorisation of use, Soalma reserves all intellectual or industrial property rights in the Services, the Website and other elements that compose them.
The User, the Recipients and the Trustees undertake to use the Website exclusively for their own needs and not to directly or indirectly carry out a commercial exploitation of the Services.
5.1. Content uploaded by the User (content of the Legacy)
In accordance with Clause 3 above, the Services may allow Users to upload content to the Website as Legacies.
These Terms do not confer on Soalma any rights to the content of the Legacy that you create, use, store or share through the Services, except for the rights conferred under these Terms that allow Soalma to offer the Services. In this regard, all content of the Legacy is the sole responsibility of the User and not of Soalma.
Soalma requires a license from the User with respect to the content of the Legacy WITH THE SOLE PURPOSE OF PROVIDING AND IMPROVING THE SERVICES. Solely for this explicit purpose and until you remove the content from the Legacy, you agree and acknowledge that by using the Services, you grant Soalma an unlimited, worldwide and free license to (i) use, host, store, scan, search, classify, index, create previews and (ii) reproduce, communicate, publish, publicly communicate, distribute and transform (including, but not limited to scaling, trimming, editing and adapting) the content of the Legacy. For clarification purposes, Soalma WILL NOT SELL OR ADVERTISE OR MAKE ANY COMMERCIAL USE OF THE CONTENTS OF THE LEGACY, in accordance with the provisions of these Terms.
To the extent that the User, Recipients and Trustees send Soalma, through the Services or otherwise, any unsolicited concept, idea or suggestion (hereinafter, the "Suggestions"), such Suggestionsshall not be confidential or the property of the submitter, and Soalma shall not be responsible for the disclosure of such Suggestions. Likewise, the User, the Recipients and the Trustees, agree to grant Soalma, with respect to the Suggestions, a worldwide, non-exclusive, perpetual, irrevocable, free, sublicensable and transferable license to incorporate, use, publish and exploit such Suggestions for any purpose, commercial or otherwise, including, but not limited to, their incorporation into the Services or in any product or service of Soalma, without compensation or accountability in their favor.
Except in cases of intentional action, and those in which due to the particular circumstances of the user or object, a mandatory regime of liability applies, Soalma shall not be liable for any damage or harm of any nature that is generated or that is directly or indirectly related to the Services (including any specific functionality of the Services); with your use or with the inability to use the Services, or with the performance thereof; or the fact that a Recipient decides not to access the Legacy or does not access for any reason beyond the control of Soalma; or as a result of the Trustee's failure to comply with these Terms (including, without limitation, non-notification by the Trustee of the User's death or lack of accreditation thereof).
The User, the Recipients or the Trustees, as applicable, shall be liable for any damages arising to Soalma or third parties resulting from or related to the use of the Website, the Services or its contents in breach of these Terms, and undertake to hold Soalma and its administrators, personnel, agents and representatives harmless from any liability they may incur as a result of such breach.
The User, Recipients or Trustees, as applicable, agree that Soalma may suspend, restrict or delete your Account (or any part thereof) or use of the Services, if Soalma believes that they have violated or acted inconsistently with the letter or spirit of these Terms.
The User, Recipients and Trustees expressly understand and accept that:
· To the fullest extent permitted by applicable regulations, Soalma makes no guarantee that the Services will meet the requirements of each of them; that the Services will not be uninterrupted, secure, updated or error-free; that the results that may be obtained from the use of the Services will be accurate, correct, reliable or useful for a specific purpose or activity; that the quality of any service, information or any other material acquired or obtained through the Services will meet their expectations; and that any error will be corrected.
By way of example, but not limited to, Soalma is not liable for damages that may arise from:
· Interruptions, viruses, technical problems, interferences, unavailability, power cuts, omissions or disconnections of the electronic system, the communications system or its equipment for reasons beyond Soalma´s control.
· Delays or unavailability in the use of the Services, the Website or traffic overloads on the Internet, in the communication network or the electricity grid.
· The unavailability of the Website or the Services due to maintenance or software updates.
In connection with any content of the Legacy, Soalma acts exclusively as a provider of the service consisting of enabling the Website or the Services so that users can store and publish such content. The responsibility for the storage or publication through the Services of all information, data, texts, photos or other materials included in the Legacy, is exclusively the User´s who stores or publishes it, except in cases expressly provided for by Law.
In particular, the User accepts and acknowledges that he/she is solely responsible for the content of the Legacy and for sharing it with the correct Recipients or Trustees. Any liability for damages related to the content of the Legacy lies with the User who creates, uses, stores and/or shares it within the Services.
Soalma reserves the right to deny or withdraw access to the Website or the Services to a User, Recipient or Trustee or all, in the event that they fail or reasonably suspect that they violate these Terms, with a mere notification being sufficient to do so.
In such cases, Soalma will not incur any liability on account of the termination nor shall it be obliged to refund any amount that has been paid in advance.
The User may terminate the Services and cancel the Account through the Website, following the procedure established at any time, and taking into account the provisions of Clause 4.5 regarding the cancellation of the Services.
Soalma, may at any time and without incurring any liability, vary the content of the Website or the Services, interrupt the provision of all or some Services, disable or delete all or some of the Accounts and information of the User, Recipient or Trustee, without limitation other than those established by the applicable laws on the obligation to keep records of certain transactions during the corresponding legal periods.
Soalma reserves the right to modify these Terms at any time at its sole discretion. The amended Terms shall become effective on the date indicated or of their publication, as applicable. The continued use of the Services after the entry into force will imply your acceptance. The date at the beginning of these Terms indicates the date of the last revision of these Terms.
These Terms are subject to Spanish law, unless the User's condition makes it mandatory to apply any other legislation.
In the event that any of the provisions contained in these Terms is declared null and void, it will be withdrawn or replaced. In any case, such declaration of invalidity will not affect the validity of the other provisions contained in these Terms.
In accordance with Article 14 of Regulation (EU) 524/2013, you are informed that the European Commission has an online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr/.