Kapturall Solutions, SL (hereinafter the Owner) with Tax Identification Number (NIF) B95733358 and registered office at C/ Marqués de Zuya, 32, 48993, Getxo, Biscay (Spain); registered in the Business Registry of Bizkaia, Volume 5393, Page 188, 1st entry on sheet BI-62824, is the owner of the website accessible at the URL https://www.cloudchampion.at (hereinafter Cloud Champion or Website).
For inquiries, questions or suggestions regarding Cloud Champion, please contact us at the following email address: firstname.lastname@example.org or call us at the following telephone number: (+34) 919 034 056.
The following usage license governs access to, surfing on and use of Cloud Champion.
License to Use
The present license of use is signed on the one hand by Kapturall Solutions, SL, with tax identification number (NIF) B95733358 and registered office at C/ Marqués de Zuya, 32, 48993, Getxo, Vizcaya (Spain) (hereafter the Holder or Kapturall), holder of website https://www.cloudchampion.at and all intellectual property rights in the software offered thereon (hereinafter “Cloud Champion” or website), which is the subject of this license to use.
On the other hand, by the Licensee, which is any natural or legal person who, in the exercise of a trade, profession or business, follows all the steps relating to the signing of this Cloud Champion Use License. In accordance with the definition in art. 3 of the LGDCU (Spanish Law for Consumers and Users – Ley General de Consumidores y Usuarios), the “Licensee” shall in no case be considered as a consumer or user.
2. Subject of the website
The subject of this license for use is the regulation of the non-exclusive transfer according to which the licensee is authorized by Kapturall to use the computer program or the software of Cloud Champion, as well as the contractual terms that regulate their use.
Cloud Champion allows Licensee access to an education, management and support platform to grow cloud businesses as a Microsoft partner. Accessing and browsing the site is free.
This management platform enables Licensee to include information in Cloud Champion regarding third parties, whether legal entities or not, customers or potential customers of Licensee in connection with the sale of Microsoft services or products.
In order to enable the execution of this Agreement and to ensure the proper provision of the Service by the Holder, the latter must transmit the information provided by the Licensee to Microsoft and, if applicable, to the wholesalers or retailers who are currently working with Kapturall (who are currently the following: ALSO Austria GmbH, INGRAM MICRO GmbH), with the exception of personal data that this information may contain.
It is understood that following all the steps for signing the License and requesting it constitutes the Licensee’s full and unreserved acceptance of all the terms and conditions that Kapturall has published both in the License and on the Website under the Special Terms section.
3. Licensee’s Obligations
Merely browsing and accessing the Website by Licensee entails certain obligations:
- To use the website and the services contained therein in accordance with this license of use, the legislation in force (in particular in the field of intellectual and industrial property and data protection) and with due regard for morality, generally accepted good customs and public order .
- Use Cloud Champion diligently, correctly and lawfully.
- In any case, to read this license of use as well as any others in case of modifications.
- If applicable, review the notifications we send to the address you have provided, as they may contain relevant information.
- To respect the owner and in no case to violate their rights or interests or the rights or interests of third parties, such as intellectual or industrial property rights (patents, trademarks, trade secrets, copyright…).
- To refrain from using the website with the aim of gathering information and content in order to carry out actions or provide services that, in the owner’s judgment, constitute clear competition.
- To refrain from introducing, by any means whatsoever, viruses, worms, Trojan horses or any other type of malicious code with the intention of disrupting, destroying or limiting the functions of Cloud Champion.
- Reverse engineer, decompile, decrypt, or use any other system to discover the source code of the website or any other element that is subject to the underlying intellectual property rights.
- Refrain from modifying or attempting to modify Cloud Champion in any way.
- Damaging, disabling, overloading, or interfering with the Service or the network(s) connected to it, or interfering with and interfering with the use of any other user.
- Under no circumstances shall you perform any act or use any means intended to simulate the appearance or any function of Cloud Champion, regardless of the purpose for which this is done.
- Accept that the use of the Services is your sole responsibility and that the Services are intended for professionals who use the software that is the subject of this contract under their own responsibility.
4. Special Conditions for Registration and the Use License
4.1 The Designation of the Parties
The present special conditions of registration are signed on the one hand by the holder.
On the other hand, by the legally constituted company or entrepreneur who completes the registration process and accepts the present conditions (Licensee). In the case of a company, the individual registering (hereafter the agent) does this on behalf and on behalf of the licensee and declares that they have the appropriate authorization from the company to carry out this registration. The authorized representative must have the necessary authorizations. In any event, the Company is considered a licensee in all respects.
The licensee is deemed to have accepted this license if the relevant registration field is clicked during registration on the website. The agent’s action binds the Company in its capacity as a licensee.
Both the authorized representative and the licensee undertake by completing the relevant registration form:
- Not to register by providing false or inaccurate information or impersonating anyone else.
- Having company approval to complete the registration.
- Not to market, sell or transfer the account to any third party.
- Only use the account registered in their name.
- Not to use third party accounts unless express consent has been given.
- Be responsible for all actions taken through their account, which account must be kept up to date.
- To try to keep the data and passwords provided confidential in a reasonable manner, as they will be held responsible for the damages that could result from a breach of confidentiality.
- To be responsible for any damage suffered by third parties as a result of breach of these conditions or any other applicable conditions.
The authorized representative can change his account details at any time through the setting options of his account on the website in the section “My Account” / “My Profile” by following the instructions on the website (“Change the desired information and then press the update button “).
In any case, the term of the license is determined for the period in which the Cloud Champion service is available. That is, the license is valid until Kapturall, in its sole discretion, discontinues the Cloud Champion service as a free service. However, several notices will be given before the service is discontinued to allow Licensee to delete its data.
Likewise, Licensee may terminate its subscription to the Service at any time, in which case the term of the license will depend on Licensee’s obligation to continue.
6. Information Provided
Licensee provides a tool, Cloud Champion, through which Licensee can enter information about its own business and about third parties to ensure the provision of software management services. The owner reserves the right to forward this information, with the exception of personal data contained therein, to Microsoft and to wholesalers and/or retailers collaborating with the owner (currently: ALSO Austria GmbH, INGRAM MICRO GmbH).
Notwithstanding the foregoing, Kapturall may store such data, which may result in responsibilities in its relationship with Licensee, using appropriate blocking measures.
7. Site Availability
The owner strives to improve and expand Cloud Champion and its content and the services offered therein. However, depending on availability, restrictions and other circumstances, the website is presented as is from time to time.
8.Third Party Links and Sites
Cloud Champion may contain links to third party websites. Under no circumstances will the owner be responsible for the functionality or the content contained in these websites, or for any damage and effects resulting from access to these websites.
The licensee or agent who accesses any link published on the website does so at his own risk and accepts that the links are owned by third parties and do not belong to Cloud Champion or the owner, which is why the latter cannot guarantee that there are no computer threats, malware or viruses are present or that they contain illegal content or other links that lead to websites that have one or more of the characteristics mentioned above.
The owner does not review or approve any functionality, content, advertising or other content on third party websites
The website is made available to Internet users and its services and features are presented on an “as is” and “as available” basis at all times. To the extent permitted by law, neither the owner nor its suppliers shall be liable for any loss of profit and/or damage resulting from any problems that may arise.
The owner works and strives to protect the system and content from attack or loss, trying to apply the security standards usual on the Internet, even if there are situations beyond his control. Therefore, it cannot guarantee the absence of viruses or harmful elements in Cloud Champion that may lead to modifications or failures of Licensee’s computer system (both software and hardware) or the files stored therein.
The owner shall have no liability to any person or entity in respect of any damage alleged to have arisen, directly or indirectly, from the use or inability to use the software, including any work stoppage, loss of data, economic loss or threatened loss of profits as a result of the use of the software. Likewise, Kapturall is not liable for any guarantee or assurance from third parties without prior written consent.
Owner shall not be liable for Licensee’s breach of any duty or obligation under this License or any applicable law or regulation.
The Owner expressly reserves the right to modify or delete at any time the Website and/or any content contained therein, whether owned or by third parties, including this License of Use, for which reason the Licensee is advised to periodically review these or any other applicable documents, in case changes were made.
The owner accepts no liability for the content provided by its suppliers with a view to the publication of offers.
10. Intellectual and Industrial Property Rights
All intellectual and industrial property rights in Cloud Champion belong to the owner, as well as the content contained therein (including graphic design and codes). However, there may be third-party content for which the owner has not obtained the necessary permissions and/or licenses and associated trademarks and logos for its use.
The contents of this website, including the design, text, images and source code, are protected by intellectual and industrial property rights and may not be reproduced, circulated, published or transmitted, not even the attribution of the source is authorized without prior written permission Permission from the owner or legitimate owner of the exclusive rights to the content.
Failure to comply with the provisions of these Conditions may cause damage to the Holder. In such event, Licensee’s failure to comply with any of the requirements shall be obligated to compensate Owner for any damage, loss or expense (such as attorneys’ fees) suffered as a result.
If any legal action or proceeding of any kind arises against Licensee as a result of Licensee’s failure to comply with any provision of this Agreement, Licensee shall indemnify Licensee, and Licensee may recover any expenses, costs or damages resulting from Licensee’s actions.
12.1. preservation and interpretation
If the competent authority declares any of these provisions to be illegal, void or unenforceable, this means that it is to be interpreted in a way that most closely reflects the original intent of that provision. In any case, the validity of the remaining provisions will remain unaffected in the face of such a declaration regarding one or more clauses.
No waiver by the Holder of any requirement for performance of any provision of these Terms shall be constructed as a waiver of any future waiver of any requirement.
The applicable language in these conditions is Spanish. If versions in other languages are provided, this is done out of pure courtesy and increased convenience for the user. In case of contradiction, the Spanish version prevails.
12.3. Governing Law and Venue
The relations between the owner and the licensee are governed by Spanish legislation. Disputes or conflicts under this license to use will be settled in the courts of Madrid.