TERMS AND CONDITIONS

1.- Offered service.
2.- Personal data protection.
3.- Cookie policy.
4.- Information on prices and e-commerce.
5.- Intellectual property.
6.- Duration and termination of the contract.
7.- Changes in terms and conditions.
8.- ASYD's guarantees and responsibilities.
9.- User's duties and responsibilities.
10.- Governing Law, Jurisdiction and language
11.- Contact information.

1.- Offered service.

ASYD Solutions, S.L. (hereinafter referred to as ASYD) offers system automation and server orchestration services. To that end, ASYD offers a computer code which allows to carry out such automation. Users may use ASYD's templates in order to configure their systems in a more efficient way; they can also create their own templates.

ASYD offers computer codes which are distributed under a free license, in accordance with Section 5 of the present terms and conditions. The use of the aforementioned codes in accordance with the GPLv3 license does not imply any cost whatsoever to the user.

ASYD also offers a “Premium” version of its services, with information hosting, technical support and user help, in accordance with Section 4 of the present terms and conditions. The use of ASYD's “Premium” services implies the payment of the amounts referenced in Section 4.

The use of ASYD's services or website implies the acceptance of the present terms and conditions. It also implies the user's declaration that he/she is of legal age and has the required legal capacity.

This website may include content which expands, amends or nuances the information contained in the present terms and conditions. In case of conflict, specific information supersedes general information.

2.- Personal data protection.

When contacting ASYD, the personal data you are providing will be added to an automated data treatment file. Such file is duly registered in the Spanish Data Protection Agency.

The data we may store are:
- Your name.
- Your e-mail address.
- Your billing information.

ASYD uses these data to offer the service you require. We also use them to contact you, when you need our technical support.

Under no circumstance shall ASYD transfer or sell these data to third parties without your express and previous consent.

The automated file containing your data is protected by the safety measures required by the Spanish Organic Law 15/1999, of Personal Data Protection.

When providing your data, you have no obligation to answer or to give reliable information. But, should you choose not to give the authentic information, ASYD will find it impossible to offer its services or even to answer your messages.

You may access, amend, cancel or object the aforementioned personal data by contacting ASYD through e-mail ([email protected]), or in this mailing address (to the attention of ASYD's Privacy Department): Av. Zaragoza 21, 26071 Logroño (La Rioja) - Spain.

3.- Cookie policy.

Cookies are small computer programs which are installed in the device accessing the website. Among other things, they are used to store technical information or data on the user's browsing habits and preferences (for example, his/her preferred language). This allows for a better customization of the services that are being offered.

A cookie doesn't store information on specific persons. The foregoing notwithstanding, and in accordance to applicable Law, this website shall not store any cookie without your consent. The only exception are merely technical cookies, which are used to allow a proper display of this website and its services.

Should you accept our cookie policy, it is implied that you authorize us to install and use them, as expressed in the present legal notice.

You may refuse to install the cookies, but in this case the website might not work or be displayed in a proper way.

Types of cookies.

Cookies may be specific of the website or from third parties, depending on whether they are installed by us or by other service providers.

Besides that, the main types of cookies are:

- Technical cookies: they are required to use and configure the technical aspects of the website. For example, to access restricted areas. Their aim is to allow the user's browsing the website. Should you deactivate these cookies, the website might not be properly displayed.
- Customization cookies: they are used to record each user's preferences in such aspects as language, regional configuration, etc. Deactivating these cookies does not affect the website's display, but it will prevent the use of those aspects that were previously customized.
- Analysis cookies: they are used to perform statistical studies on the users visiting the website, recording aspects such as where they access and for how long. Their use allows us to improve the services we offer. Their deactivation prevents us from knowing this information we require to improve, but it does not hamper the website's functionality.
- Advertising cookies: they are used to manage the advertising spaces that may appear in the website. They allow for a browsing study in order to provide publicity that might be of your interest. Again, their deactivation does not hamper the website's functionality.

This website uses technical and analysis cookies.

How to deactivate or block cookies.

It is possible to configure your internet browser to allow, block or delete cookies. For more information on how to do so, please visit your browser's website:

- Chrome: https://support.google.com/chrome/answer/95647
- Explorer: http://windows.microsoft.com/en-us/windows7/how-to-manage-cookies-in-internet-explorer-9
- Safari: http://support.apple.com/kb/ph5042
- Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- Opera: http://www.opera.com/help/tutorials/security/privacy/

4.- Information on prices and e-commerce.

ASYD offers several service packs, with different functionalities and prices. None of these prices include VAT or any other applicable tax.

You may look up these packs in the following link: pricing

A “node” is defined as any client server that you add to your ASYD Enterprise pack.

As required by the Spanish Law 34/2002, of Information Society Services and Electronic Commerce, we inform you that the owner of the present website is ASYD Solutions SL. Its mailing address is Av. Zaragoza 21, 26071 Logroño (La Rioja) - Spain. Its Fiscal Identification Number is B76648658.

5.- Intellectual property.

All computer materials and codes used in this website or in services provided by ASYD are protected under a GPLv3 license. You may obtain information concerning this license through the following link: http://www.gnu.org/licenses/gpl.html

The rest of the materials (including, but not limited to, ASYD's logos, graphic design, texts, images, photographs, trademarks and commercial names), as well as the domain name, are protected under applicable Law. You may not use, copy, distribute or modify them in any way without ASYD's explicit consent.

6.- Duration and termination of the contract.

Depending on the payment model chosen by the user, this contract shall have a monthly or annual duration; both durations may be extended indefinitely.

The user may terminate this contract at any time. To do so, the user must send a reliable communication allowing to know his/her intention. However, the termination of the contract before its natural expiry date shall not lead to any kind of refund or compensation.

ASYD may terminate this contract at any time, should the user fail to comply with the present terms and conditions. In case such termination occurs, it shall not lead to any kind of refund or compensation for the user.

Once the contract comes to an end, be it in an ordinary or extraordinary way, ASYD shall have no obligation to guarantee the indemnity of any files or materials hosted in the system at the user's request. The user has the obligation to carry out the required backup copies before the contract is terminated.

7.- Changes in terms and conditions.

The present terms and conditions may be modified at any time and without the obligation of prior notice. The user must review the most recent version of the terms and conditions to make sure he/she still wishes to be bound by them. If that is not the case, the user may terminate the contract in accordance with Section 6.

The use of ASYD's services after a change in the terms and conditions implies their acceptance, without any right to refund or compensation.

8.- ASYD's guarantees and responsibilities.

In accordance to Spanish Law 34/2002, of Information Society Services and Electronic Commerce, articles 15 and following, ASYD cannot be deemed responsible for the information stored to the user's request.

The user decides the materials to be installed in his/her systems, therefore ASYD may never be considered responsible for any situations derived from the installation of such materials. Should ASYD respond for that reason after a legal action or administrative claim, the user shall indemnify and hold ASYD harmless.

ASYD has no obligation to monitor the content installed by the user, for the purpose of guaranteeing its proper functioning. ASYD shall only verify such content after a user's express request.

Such a request implies that the user authorizes ASYD to examine any installed content. If, after the aforementioned examination, ASYD finds illicit materials or any breach of the present terms and conditions, ASYD will be entitled to terminate this contract, as per Section 6 in the present terms and conditions. ASYD will also be entitled to report the materials and the user's personal information to police, judiciary or administrative authorities.

Should ASYD detect any kind of incident affecting its systems or services, ASYD will be entitled to verify the content installed by the user, in order to guarantee the proper functioning of said services.

ASYD guarantees that it will keep the due diligence to make sure its systems operate normally. In case of an incident, ASYD shall carry out any required action to reestablish as soon as possible the situation of optimum performance. Nonetheless, ASYD has no obligation to guarantee this normal operation at all times.

ASYD may temporarily suspend the access to the present website, without prior notice, in order to carry out maintenance or improvement activities.

ASYD shall not respond for any situations in which it cannot offer its services as a consequence of “force majeure”, or any other situations depending on third parties (such as computer viruses or communication networks malfunctions).

ASYD shall not respond for the loss of data during a user's incident. The user has the obligation to carry out the required backup copies of his/her files.

ASYD shall not respond for any inaccuracies or mistakes that may appear in the contents that can be reached through the present site.

The present site may contain links to websites managed by third parties. Since they are not under ASYD's control, ASYD does not assume responsibility concerning the activities of said websites.

9.- User's duties and responsibilities.

When accessing ASYD's services, the user has the obligation of a “fair use”, in accordance with generally accepted legal practice.

The user takes sole and full responsibility for the materials he/she installs in his/her own systems or those belonging to ASYD.

In general, the user agrees not to perform any activity that might be considered a crime or misdemeanor, or that infringes any kind of legal text, legal ruling or administrative decision.

The user specifically agrees not to cause any harm to ASYD, be it in its logical or physical infrastructures. Should this damage occur, the user will indemnify and hold ASYD harmless.

The user also agrees not to use ASYD's services to install or publish any content that might be deemed offensive, that infringes upon the reputation of persons, entities or institutions, that endangers third parties' personal data, that may harm computer systems (trojans, viruses, etc.) or that in any other way may be considered inappropriate in accordance with generally accepted practices.

The user is responsible for the proper use of his/her passwords and API key. Should the user have reasons to believe their confidentiality is compromised, he/she will immediately notify ASYD. Failure to do so without delay will give the user full responsibility for any situations that may arise as a consequence of the inadequate use of said passwords.

ASYD does not offer file storage services. Even if there is no specific limit to the number or size of the files the user may install, he/she must make a “fair use” of ASYD's services. Should the user abuse such services in order to store oversized files, ASYD will be entitled, with or without prior notice, to consider the user to be in violation of the present terms and conditions. In that case, ASYD will be able to make use of the procedure stated in Section 6, concerning the contract's early termination.

Should the user violate any of these obligations, ASYD will be entitled to terminate the contract immediately. The user shall not have the right to any refund or compensation.

Should ASYD receive an injunction or any other official request to remove any user's content, ASYD will comply without any prior notice. The affected user shall not have the right to any refund or compensation.

10.- Governing Law, Jurisdiction and language

Any obligations when contracting the services provided by this website are governed by Spanish Law. This includes, among others, the Spanish Civil Code, the Spanish Information Society Services and Electronic Commerce Law, and any regulations concerning consumers and users rights.

In case of conflict, the parties expressly waiver their jurisdictions and accept to be subject to the Courts of Logroño (Spain).

In case of discrepancy between the terms and conditions in Spanish and their translation in any other language, the Spanish version shall take preference for interpretation purposes.

11.- Contact information.

You may address any question to ASYD through e-mail ([email protected]), or at the following mailing address: Av. Zaragoza 21, 26071 Logroño (La Rioja) – Spain.


Copyright © 2015 ASYD Solutions



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Copyright © 2015 ASYD Solutions