Special Terms and Conditions of the myReport!n Service Agreement

SECTION ONE.—LEGAL CLASSIFICATION AND PURPOSE.
By this contract, the client engages LINK SOLUCIONES INFORMÁTICAS, S.L. (hereinafter “LINK”) to provide the services listed in Clause 3 and specified in the corresponding invoice. LINK grants the client the non-exclusive, non-transferable right to use the Service and to carry out its purposes in accordance with the terms and conditions of this Agreement. All rights not expressly granted herein are reserved by WKE and its licensors.

SECOND.—DEFINITIONS.
Application Service Provider (ASP), provides the ability to use a web application exclusively via the Internet. Web Application: Any sequence of instructions or directives intended to be used, directly or indirectly, in a computer system to perform a function or task or to obtain a specific result, regardless of its form of expression or storage. The interface is a web browser, and execution takes place on the Application Service Provider’s servers. Customer Data / Database: A collection of data arranged in a systematic or methodical manner and accessible individually only by the customer through the web application. User: A person who has the right to use the program because they are authorized to do so exclusively via the Internet, using a web browser.

SECTION THREE. – SERVICE CONTENT.
The service will include:

  1. Internet access to the applications, using a web browser (though not exclusively), on a non-exclusive and non-transferable basis, through the use of a login ID for each user; these IDs will be provided by LINK.
  2. Modification of the necessary modules to adapt the web application to the legal requirements of current regulations in Spain – Access to the after-sales service, always during business hours,
  3. Backups: – Active: Link has a backup policy that it manages with its hosting service provider. Backups are performed once per hour, and the retention period may vary depending on the service plan purchased. The customer will receive, for informational purposes only, the text of new legislation related to the contracted program and a brief summary of its content; email will be used exclusively as the communication channel for this purpose. LINK is not responsible for the information provided, as the only texts that have legal validity are those published in the Official Gazettes and Journals.

SECTION FOUR – DESCRIPTION AND TERMS OF ACCESS TO THE SERVICE.

  1. Terms of Access: For each registered user, the customer will receive a code and a password to access the application exclusively via the Internet. In addition, the customer will have a code and an additional password to manage their customer account information, such as assigning access rights to users, viewing access logs, etc.
  2. Users will be able to use the web application to process all data provided in accordance with the preceding provisions, and to perform all calculations and processes related to this contract.
  3. The customer may not license, sublicense, sell, resell, transfer, assign, distribute, otherwise commercially exploit, or make the Service or the Content available to third parties.
  4. The customer may not modify the service or the content, nor create derivative works based on them.
  5. The customer may not create “links” to the Service on the Internet, nor “adapt” or “duplicate” any Content on any other server or wireless or Internet-based device; nor may the customer use reverse engineering techniques or access the Service for the purpose of creating a competitive product or service, or creating a product using ideas, features, functions, or graphics similar to those of the Service.
  6. User codes may not be shared or used by more than one individual User at the same time, but may, in certain cases, be reassigned to new users who replace previous Users who have left their positions or whose job title or role has changed and who no longer use the Service.
  7. The database provided by the customer and any subsequent data entered by the customer through the LINK web application belong exclusively to the customer. They will be recorded and stored on a server managed by LINK, in accordance with its publicly available documents: Data Security and Privacy Policy.

SECTION F. WARRANTY, CIVIL LIABILITY, AND CONFIDENTIALITY.
For the provision of services related solely to the cloud-based APPLICATION, Link Soluciones Informáticas uses the ISO 27001-certified hosting service provider Amazon AWS, whose servers are located within the European Economic Area. Link Soluciones Informáticas may notify users of changes to service providers via electronic communication or through its own website. The AWS platform holds AWS CSA STAR and ISO certifications and services. AWS is certified for compliance with the ISO/IEC 27001:2013, 27017:2015, 27018:2019, 27701:2019, 22301:2019, 9001:2015, and CSA STAR CCM v4.0.
However, despite the implementation of the quality assurance system, the web application service provided via the Internet may be subject to unforeseen circumstances, including, but not limited to: – Failures in the server infrastructure, the Internet network, or other software installed on the customer’s computer from which they connect to the service – Computational errors or other errors that cannot be detected under normal simulation conditions in the web application.
– Errors contained in the regulations published in the Official State Gazette (B.O.E.), upon which the functionality of this Link program is based. Such errors may also stem from the large number of different scenarios that can arise and the Customer’s need to use the service immediately, such that there is not sufficient time between the publication of the regulation and its incorporation into new versions to test all possibilities or scenarios. Link guarantees free correction, for customers who have signed this service contract, of all errors that can be reliably demonstrated and reported to Link. Corrections will be incorporated automatically and thus made available to customers via the web application. b) LINK shall also not be held liable for any changes in communication speed or quality. c) In any case, Link shall not be liable for any damages or losses that are not solely and exclusively attributable to Link, nor for any lost profits incurred by the customer. For this reason, it is the client’s responsibility and duty to exercise due diligence in obtaining the insurance policies it deems necessary to cover the situations mentioned above. d) LINK undertakes, for an indefinite period, to maintain secrecy and the strictest confidentiality regarding all information owned by the Client to which it has access as a result of this contract. e) Without the Client’s prior express consent, LINK shall refrain from engaging in any activity—whether reproduction, use, storage, modification, or any other action—involving the information received that is the property of the Client, for purposes other than strict compliance with this contract. f) Under no circumstances may third parties access the data owned by the Client to which LINK has access without the Client’s express consent. g) Notwithstanding the foregoing, LINK’s liability for damages directly attributable to the provision of the contracted service shall be limited to the initial registration fee and fees equivalent to a one-year period. h) In any case, the user agrees that the contracted service is a tool intended to complement, but not replace, human labor; for this reason, the user is obligated to verify the results obtained through the use of the application. Should the user detect any error, they must report it to LINK, which will resolve it free of charge for customers who have a maintenance contract in effect. The Customer shall be solely responsible for the proper functioning of their equipment and systems and may not hold LINK liable for them.

SIXTH.—MODIFICATION OF THE TERMS AND CONDITIONS.
LINK reserves the right to modify at any time the terms and conditions of this Agreement or the policies included herein related to the Service; such modifications shall take effect once the updated version of the agreement is published on the server. The Customer is responsible for periodically reviewing the content of this agreement, as well as the page www.myreportin.com in order to stay informed of the latest updates to the Service. The acceptance required during the user key activation process constitutes the Customer’s consent to and acceptance of the provisions set forth in this Agreement.

SECTION SEVEN – PROTECTION OF PERSONAL DATA.

  1. PROCESSING OF PERSONAL DATA AT LINK SOLUCIONES. The company’s privacy policy is available on the www.Linksoluciones.com website. For the purposes of Organic Law 15/1999 on Data Protection (hereinafter, LOPD), LINK, as the data controller, informs you that the personal data included in the invoice, as well as any other data provided throughout the course of your business relationship with us, will be included in an automated database owned by LINK and will be used for the proper management of the requested services, collections and payments, and the promotion of LinkSoluciones’ services, as specified in the Privacy Policy. LINK may also conduct satisfaction and market surveys. Acceptance of this contract constitutes your consent for the Company to process the data for the purposes described above. Furthermore, data subjects may exercise the rights recognized under the LOPD (access, rectification, erasure, or objection), by submitting a written request identifying themselves to Link Soluciones Informáticas, S.A., located at Calle Doctor Juan Domínguez Pérez, 18, 35008 Las Palmas de Gran Canaria.
  2. PROCESSING OF CUSTOMER PERSONAL DATA. The application allows the customer to create their own database and enter their own documents and information, which belong to and are the sole responsibility of the customer. LINK, as the application’s service provider, is required to comply with the obligations set forth in the LOPD and the applicable legal framework. To this end, and in compliance with the provisions of Article 12 of the LOPD, LINK and the customer must agree on the fulfillment of obligations regarding access to personal data. In this regard, LINK expressly declares and undertakes to: (I) Use and process the data for the sole and exclusive purpose of complying with this Agreement and, in all cases, in accordance with the instructions received from the client. It expressly undertakes to refrain from using the data for any purpose other than that agreed upon and, in particular, to refrain from altering it, using it for its own business interests, or disclosing it or allowing third parties access to it, not even for storage purposes. Except in the case of subcontracting services. LINK subcontracts part of the services to the Internet Application Provider with whom it has entered into the corresponding data access agreement. (II) To observe the utmost confidentiality and discretion regarding the personal data provided by the client in connection with the performance of the subject matter of this Agreement, and to undertake not to disclose to any third party such information or data that has been provided to it. (III) If expressly requested, to return to the client, once the provision of services covered by this Agreement has concluded, all documents and files containing all or any of the data, regardless of their medium or format, as well as copies thereof. (IV) To restrict access to and use of the data to those of its employees, agents, and collaborators for whom access to and knowledge of such data is absolutely essential for the performance of the subject matter of this Agreement. (V) Adopt data protection security measures commensurate with the level of security required based on the files or data to which LINK has access, in compliance with Royal Decree 1720/2007 of December 21 (RLOPD). Acceptance of this agreement shall constitute agreement to these terms and conditions, and the data access agreement required by Article 12 of the LOPD shall be deemed to have been entered into between the data controller and the data processor (the provider with access to the data).

SECTION EIGHT – CUSTOMER LIABILITY.

  1. Installation Maintenance. The Customer shall install and maintain a proper electrical installation to power the equipment.
  2. Technological Advancements. LINK applications will be designed to function with the latest hardware, software, and communications technology requirements that are widely accepted by the market as standards; therefore, the Customer must ensure that its installation remains up to date with technological advancements in computer systems: New versions of operating systems, hardware requirements, updates to third-party software applications related to the operation of LINK applications, Internet bandwidth, etc.
  3. The customer shall be responsible for all activities carried out through their user accounts and in connection with their use. For this reason, the customer shall be solely responsible for the accuracy, quality, completeness, legality, and reliability of their data, as well as for the intellectual property rights or the right to use such data, and LINK shall in no event be liable for the deletion, correction, destruction, damage, or loss of the customer’s data, nor for the failure to save such data. Upon termination of the contract, LINK will make a data archive available to the Customer for 30 days following termination, provided the Customer has expressly requested this at the time of termination. Once the contract is terminated for just cause, the Customer will immediately lose the right to access and use the data. LINK shall have no obligation to retain or send such data and may destroy it if the Customer does not request it within 12 months of the termination of this contract. LINK reserves the right to retain, delete, and/or discard the Customer’s Data without prior notice in the event of any breach by the Customer, including, without limitation, failure to pay.

SECTION NINE.—PRICE AND METHOD OF PAYMENT.

  1. The price of the contracted maintenance service is as specified on the corresponding invoice. Payment will be made using the payment method and in the installments indicated on the invoice.
  2. This price will be updated annually to reflect market conditions and cost trends. When updating the consumption price, the change in the Consumer Price Index (CPI) will not be used as a reference; instead, market changes—such as price increases by Link Soluciones’ technology providers—will be taken into account.
  3. If the CUSTOMER returns the direct debit receipt charged to their account after having authorized LINK to collect payment for the invoice issued, the costs resulting from the return of the direct debit will be borne exclusively by the CUSTOMER, and said cost will be added to the outstanding balance.
  4. If the CUSTOMER has returned 3 or more direct debit payments during the current year, LINK will impose a return fee equal to twice the cost of a returned payment.

SECTION 10. — TERM OF THE CONTRACT, RENEWAL, AND SUSPENSION.

The term of this contract will be contingent upon the continuation of the maintenance services. This contract remains in effect as long as the subscription to the Maintenance Services remains active, in accordance with the term and plan specified in the order and/or invoice.

Renewals will be automatic unless either party provides written notice of termination at least thirty (30) calendar days in advance.

In the event of nonpayment of any installment or fee issued by Link Soluciones and payable by the CLIENT, Link Soluciones shall be entitled to suspend the contracted service without prior notice until the CLIENT pays the outstanding amounts. Therefore, for as long as the nonpayment persists, Link Soluciones shall not be obligated to provide the contracted service.

In the event that the CLIENT terminates the contract, access to the information and use of the application are the direct responsibility of the CLIENT, and Link Soluciones shall in no event be liable for any problems or errors that may arise after the contractual relationship has ended.

ELEVENTH.—TERMINATION OF THE CONTRACT.
This contract shall be terminated for the general reasons established by law and, in particular, due to a breach of the obligations set forth herein.

ARTICLE 12. JURISDICTION.
For any dispute arising from this contract, both parties submit to the courts and tribunals of the domicile of Link Soluciones, waiving their right to their own jurisdiction, if different.

THIRTEENTH.—REPEAL PROVISION.
These General Terms and Conditions supersede the provisions of any other document executed between the customer and LINK regarding the contracted maintenance service.

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