Any person who accesses, browses, or uses the Platform must comply with and be subject to the Terms. The use of the Platform implies the express and unconditional acceptance by the user of all the terms set forth herein, being equally valid as any written and signed agreement. If you do not agree with the content of these Terms, please do not access, browse, or use the Platform.
In the event of contracting any product or service offered on the Platform, you must expressly accept this document by checking the corresponding box, and it will not be possible to carry out the contracting if the user does not accept these Terms.
- Holder: CALUSA MEDIA, S.L. (hereinafter, "Myme")
- Registered Office: C/Monte Esquinza 26, 2nd Right, 28010 Madrid
- VAT ID: B-87079042
- Public Registry: Commercial Registry of Madrid, Volume 32,654, Book 0, Folio 114, Sheet M-587.799
- Email: email@example.com
2. PURPOSE AND SCOPE OF APPLICATION
Through this document, the conditions (hereinafter, the "Conditions") that will govern the use of the Platform and the acquisition by users of any of the products and/or services offered through it (hereinafter, the "User/s") are established. However, access and use of certain content and/or services may be subject to specific conditions.
Any matter not expressly provided for in these Conditions will be deemed reserved to Myme, without prejudice to the application of current regulations.
Myme reserves the right to make modifications and/or updates to these Conditions, which will be informed to the user for acceptance or rejection in case they are substantial. In any case, it will be considered that the user expressly accepts such modifications or updates if they continue to use the Platform after they come into effect.
If accepted by the user, the new Conditions will fully replace the current conditions up to that moment, taking effect from their effective date. Checking the corresponding box in the contracting process, as well as electronically following all its steps, implies the express acceptance of these Conditions by the User, having the same validity as their in-person signature. Thus, the user acknowledges being a person with sufficient capacity to acquire the obligations derived from their actions through the Platform, having read and understood its content beforehand.
In any case, to contract with Myme, the User must be of legal age and have the legal capacity to enter into contracts.
3. SERVICE DESCRIPTION
The service offered by Myme through the Platform consists of an innovative business model that allows Users (Myme's clients) to access pre-configured audiovisual content or template videos featuring influencers selected by Myme (hereinafter, the "Preconfigured Content"), being able to customize and individualize them based on certain configurable options offered by Myme, including a video editor that allows editing of the Preconfigured Content, a tool aimed at converting text entered by the User into speech, as well as the use of audiovisual content different from that offered by Myme, in accordance with section 5.2., for use by the User in the context of their own promotional and communication activities and campaigns (hereinafter, collectively the "Services").
To do this, the User will select from the Preconfigured Content available on the Platform that best fits the intended goal based on its theme or content. In this process, the User will provide the parameters of the campaign, as well as information about the recipients of the video, and select the configurable options offered by Myme, and, if necessary, provide their own audiovisual content, in order to generate a video tailored to the campaign intended by the User. This result may, at the User's choice, be automatically sent by Myme to the recipients indicated by the User or downloaded by the User for individualized sending to the recipients.
The Services, in any case, will only be available to Users who have purchased one of the subscription plans offered by Myme through the Platform (hereinafter, the "Subscription Plans").
4. ACCESS AND REGISTRATION
The Platform is open to the general public, and any anonymous person can access and navigate through it without the need for registration. However, to access Myme's Services, it is necessary for the User to register and, additionally, purchase the corresponding Subscription Plan.
To do this, the User must complete the form provided for this purpose. Registration on the Platform is, unless otherwise indicated, free. However, access and use of the Services offered by Myme through the Platform also require the contracting of one of the offered Subscription Plans.
Under no circumstances will Myme be responsible for the accuracy of the registration data provided by Users, so each user is responsible for the possible consequences, errors, and failures that may subsequently arise from the lack of quality of the data.
4.1 Requirements for User Registration
At the time of registration, the User must enter all the data, real and truthful, requested in the registration form, as this will be the only way Myme has to manage the Services it provides and process the requests that the User issues in the future through their account. This registration also allows Myme to manage the commercial relationship with its users correctly.
To create an account, the User must, in any case, meet the following requirements:
- Be at least eighteen (18) years old and able to enter into contracts.
- Complete the account registration process.
- Accept these Conditions by checking the corresponding box.
- Provide true, complete, and updated contact and billing information.
Registration is allowed for both individuals and companies and/or professionals.
The user account on the Platform is personal and non-transferable.
The password will be personal and non-transferable, and it must be generated in accordance with the strength and complexity rules established on the Platform at all times. If the User selects a password that does not meet the minimum requirements, they will be notified and must select another one that does comply.
Upon creating their user account, the User agrees to use it diligently and to keep their password secret, not transmitting or revealing it to any third party, not even to Myme or any provider.
The User will be responsible for the proper custody and confidentiality of any account they have access to and any activity that occurs in that account, as well as the unlawful use of the Platform by any unauthorized third party who accesses it using their password. Any unauthorized access or use of their accounts will be immediately reported to Myme. Myme is not responsible for any loss due to stolen or hacked passwords. Myme does not have access to your password, and for security reasons, we may only provide instructions on how to reset your password.
In any case, the Platform has the necessary features for the user to change their password when they deem it appropriate, for example, in case of suspicion or confirmation of a breach of password confidentiality.
Myme reserves the right to deactivate any user identification code or password, whether chosen by the User or assigned by Myme, at any time if, in Myme's reasonable opinion, the User has not complied with any of the provisions of these Conditions.
4.3 Unsubscribe as a Registered User
Just as the User can freely register following the instructions above, they can also request to unsubscribe from the Platform at any time by simply writing an email to firstname.lastname@example.org.
Once unsubscribed, they can request a new registration, unless the unsubscribe has occurred due to any of the specific cases specified in the "Platform Usage Rules" section, in which case Myme may, at its discretion, reject the User's registration.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1 Platform Content
Myme is the owner or, where applicable, holds the corresponding licenses for the intellectual and industrial property rights of the Platform, as well as those corresponding to the information, materials, products, and other contents of the Platform, including, among others, source code, designs, navigation structure, images, graphics, audiovisual content, photographs, texts, programming code, databases, trademarks, logos, and any other distinctive signs and protectable elements displayed or used on the Platform.
In no case will the User's access, navigation, and use of the Platform imply a waiver, transfer, license, or total or partial assignment of any intellectual or industrial property right by Myme.
Myme only grants the User a limited, non-transferable, revocable, non-sublicensable, and non-exclusive license to access and use the Platform on the User's device. Any rights not expressly granted will be reserved by Myme.
The User, as well as any third party, is particularly restricted from, without limitation, carrying out the following actions: (i) decompiling or reverse-engineering the Platform; (ii) linking, mirroring, or framing any part of it and/or its contents; (iii) deploying or launching any program to perform any data mining or actions aimed at damaging the operability and functionality of the Platform; and (iv) removing, modifying, or any similar action aimed at altering Myme's copyright on its registered trademark, its Platform, or its contents, or those of any third party.
Likewise, no content of the Platform may be modified, copied, distributed, framed, reproduced, reused, downloaded, extracted, displayed, transmitted, or sold in any way, in whole or in part, without the prior written consent of Myme.
Any other use of the contents of the Platform is strictly prohibited, with the only exception of the usage rights granted over Myme's Preconfigured Content, as described in these Conditions.
It is also prohibited to remove or manipulate copyright notices or any other credits identifying the rights holders of the contents of the Platform, as well as technical protection devices, digital prints, or any protection mechanism or information incorporated into the Platform.
If the User suspects or is informed of the existence of any illegal or unlawful content, including content that may infringe the intellectual property rights of third parties, they must notify Myme through the following email address to take appropriate measures: email@example.com
Similarly, if the User believes that the Platform infringes their own intellectual property rights or any other right, please email Myme at the address indicated above, with the following information:
- User identification and, in the case of a legal entity, its representative, including contact information.
- Relevant documentation supporting the request, identifying the holder of the infringed rights.
- Detailed list of the rights allegedly infringed by Myme or any of the Users, as well as their exact location within the Platform.
- Express and responsible statement that the content has been used without the consent of its owner.
5.2 User-Uploaded Content
By using the Platform, Users have the option to upload content, granting Myme a non-exclusive, free, worldwide license to any intellectual and industrial property rights (including, in particular, reproduction, distribution, public communication, making available to the public, and transformation rights) for any medium or support and for the time that such content remains hosted on the Platform. The User acknowledges and accepts that Myme may use such User content as part of providing its Services.
The User guarantees that the provided contents fully comply with the legal system and do not infringe or undermine the rights of any third party, and the User is capable of freely disposing of them.
Likewise, the User acknowledges and accepts that it is strictly prohibited to use or send messages using profanity, expressions that may be offensive or that encourage any type of discrimination based on gender, race, religion, or political opinions. Additionally, it is prohibited to use the configurable video options offered by Myme to include any content that may be inappropriate, defamatory, offensive, racist, demeaning, threatening, or that may disturb, harm, or merely affect any person. This includes, but is not limited to, content related to pornography, illegal activities, or any other activity that could negatively impact Myme's reputation and good image.
In this regard, without prejudice to any corresponding compensation for damages that may be caused to Myme by the User's non-compliance, if the User fails to comply with the above paragraph, the User will be obliged to pay the amount of €900 as an economic penalty arising from such non-compliance.
Myme will not accept or consider any unsolicited ideas, original creative work, suggestions, or other unsolicited works, including ideas for new advertisements, campaigns, new promotions, technologies, or new or improved products, processes, materials, marketing plans, or names of new products, among others, sent to Myme or its employees through the Platform, by email, or by any other means. The sole purpose of this policy is to avoid potential conflicts or misunderstandings in cases where Myme's marketing strategies or products appear to be similar to the ideas presented. Any unsolicited material sent to Myme will be automatically destroyed without prior access.
5.3 Preconfigured Content
The User acknowledges and accepts that the Preconfigured Content is owned by Myme as stated in section 5.1. The User is granted a license to use them, subject in any case to compliance with the following conditions:
- The User may determine the specific configuration of the Preconfigured Content within the possibilities offered by Myme, for example, by selecting templates, texts, images, photographs, or videos.
- The Preconfigured Content adapted by the User can be used by the User for commercial purposes to advertise their own products or services.
- The use of Preconfigured Content adapted by the User is limited to a worldwide territorial scope; during the validity of their subscription on the Platform; on the media and supports determined by the Platform, and for the distribution or availability of these for commercial purposes.
- The Preconfigured Content adapted by the User must be used in its original format, without any modification beyond what is allowed by the Platform. Any modification of the appearance of the Preconfigured Content beyond the limits of these Conditions is prohibited, as well as any use, reproduction, public communication, distribution, and transformation beyond the media and supports agreed with the Platform.
The license granted allows the User to obtain the Preconfigured Content adapted to the campaign parameters and objectives intended by the User, who may download them or request their automated sending by Myme as part of the Service. However, the User cannot reuse, in whole or in part, the Preconfigured Content beyond what is expressly permitted.
In any case, the license granted for Preconfigured Content is conditioned on obtaining one of the Subscription Plans, without which Users cannot access the Services and, therefore, not the Preconfigured Content. The license for Preconfigured Content is generated only for those requested by the User.
The User acknowledges and accepts that the Platform can be used, simultaneously or not, by different clients competing in the same market, and that the Preconfigured Content selected by them may be identical or similar. In any case, Myme is not responsible for the potential identity or similarity between the possible promotional actions of clients that include similar Preconfigured Content, and Myme is not obliged to inform clients of this fact.
If the Preconfigured Content selected by the User includes any third-party rights (including, without limitation, intellectual and industrial property rights or image rights), the User expressly acknowledges that the use of such Preconfigured Content will be limited by the scope of the assignment or license granted to Myme by the third-party rights holders. In case for any reason, these third parties withdraw their license or authorization, Myme will try to have a transition period and will inform Users so that such Preconfigured Content ceases to be available as soon as possible. Notwithstanding the foregoing, the User acknowledges that it is possible that the Preconfigured Content adapted by them may not be used, even after launching their promotional actions, and the User commits to immediately cease using them when they incorporate third-party rights.
The User acknowledges and accepts that it is strictly prohibited to use or include Preconfigured Content on websites or channels related to pornography, illegal activities, or any other activity that could negatively impact Myme's reputation and good image.
Myme does not authorize the establishment of links to the Platform from other websites or digital channels that contain illegal, unlawful, degrading, obscene materials, information, or content, and, in general, that contravene laws, morals, or public order, or generally accepted social norms.
Myme has no authority or human and technical means to know, control, or approve all the information, content, products, or services provided by other websites that have established links to the Platform.
Myme assumes no responsibility for any aspect related to websites that establish such a link to the Platform; in particular, by way of example and not limitation, about their operation, access, data, information, files, quality, and reliability of their products and services, their own links, and/or any of their content in general.
In any case, Myme reserves the right to prohibit links to the Platform and to demand their removal when they do not comply with the conditions required in this section.
7. RULES OF USE
It is not allowed, and therefore its consequences will be the sole responsibility of the user, to use the Platform for illegal or unauthorized purposes, with or without economic purposes. In particular, and without the following list being absolute, it is prohibited to:
- Use the Platform in any way that may cause damage, interruptions, inefficiencies, or defects in its operation or in third-party devices.
- Use the Platform for the transmission, installation, or publication of any virus, Trojan horse, worm, logic bomb, malicious code, or other harmful programs or files.
- Use the Platform to transmit material for advertising or promotion purposes, including spam, chain emails, or similar.
- Use the Platform in any way that constitutes a violation of the rights of Myme or any third party.
- Use the Platform to transmit or publish any defamatory, offensive, racist, demeaning, or threatening material or anything that may disturb, harm, or affect any person.
- Use the Platform to collect personal data from other users.
- Use the Platform illegally, against good faith, morals, and/or public order.
- Access without authorization to any section of the Platform, to other systems, networks, or servers connected to it, or to the services offered through the Platform by hacking, falsification, password extraction, or any other illegitimate means.
- Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Platform or in our systems or networks, or in the systems and networks connected to it.
- Violate the security or authentication measures of the Platform or any network connected to the Platform, as well as the security or authentication measures associated with the content hosted on the Platform.
The breach of any of the above obligations by the user may lead to Myme taking appropriate measures supported by law in the exercise of its rights and obligations.
These measures may include, in particular, the suspension of access to the Platform for the infringing user or the use of the purchased subscriptions, without the user being able to claim any compensation for damages.
8. SUBSCRIPTION PLANS
Myme's services are available in the form of a subscription that the User can acquire on the Platform itself, with different plans depending on the number of videos the User intends to generate monthly (hereinafter, the "Subscription Plans").
8.1 Free Trial
Myme offers its Users a free trial plan that will give the User access to the generation and publication of videos. This free trial will last for fourteen (14) days, after which it will not be possible to generate new campaigns, and those that are in progress will become inactive. Myme reserves the right to modify the number of videos assigned to this free trial at any time, as well as to withdraw the free trial or restrict it or limit it in any way if it deems it convenient.
The free trial will be governed by these Conditions, which will be interpreted taking into account its special characteristics. In any case, the provisions regarding payment and Subscription Plans will not apply to the free trial plan.
After the free trial, the User can purchase any of the paid Subscription Plans, maintaining the campaigns that they may have generated during the free trial period.
Notwithstanding the above, at any time during the free trial period, the User can purchase the desired Subscription Plan by accessing the corresponding section of the Platform to make the corresponding purchase and enter the required information.
8.2 Subscription Plans
The User can select the Subscription Plan that best suits their needs, based on the characteristics of each of them, which are described in a specific section of the Platform. The User can also choose the payment periodicity (monthly or annually).
Myme may modify the Subscription Plans at any time by publishing the new Plans on the Platform. In case it affects a Plan that the User has contracted, it will notify expressly by email and through the User's private area, so that the User can review the new terms and, if not in agreement, can downgrade or unsubscribe from the Services. The User may consume the remaining subscription period until the expiration of their billing period; however:
- For annual Subscription Plans, there will be no right to a refund if they cancel their Plan before expiration.
- For monthly Subscription Plans, they can consume the services for the current month until the expiration of that subscription period.
8.3 Changes in the Contracted Subscription Plan
The User can change the contracted Subscription Plan at any time during the validity of their Plan.
If the User upgrades their Subscription Plan to a higher level during their billing period, the first invoice (single, in the case of annual plans) will charge them the proportional part between their current Subscription Plan and the new contracted Plan, based on the contracting day relative to the billing period (adjusting to the contracting date). Additionally, the difference between the available videos of their old Plan will be added until reaching the total videos contracted in the new Subscription Plan.
The User can also downgrade their Subscription Plan at any time. If this change occurs before the expiration of the billing period, the change will not take effect until the end of the current billing cycle.
8.4 Additional Video Bonuses
If Myme offers this possibility, Users subscribed to any of the paid Subscription Plans can purchase bonuses for additional videos within their Plan, i.e., without having to upgrade it. These bonuses will be valid for 360 calendar days and will not renew automatically upon expiration.
ECONOMIC CONDITIONS: PAYMENT
The fees applicable to each of the Subscription Plans offered by Myme (hereinafter, the "Fees") are indicated on the Platform at all times in the official currency of Europe, the Euro (€). The User must select the Subscription Plan that suits their intended use and based on the terms under which each Plan is offered.
All displayed prices will be final prices, expressly excluding the Value Added Tax (VAT), which will be added to that final price if applicable. However, the final price of the User's contracting will include all applicable increases or discounts, costs passed on to the User if any, and additional costs for ancillary services. These amounts will be shown in detail during the contracting process.
Myme may modify the current Fees of the Subscription Plans, as well as the Video Bonus Fees, at any time, by giving notice to those Users who have active Plans affected by the modification. The modified Fees will be due from the User, starting from their effective date, in the next billing and payment milestone according to the chosen Subscription Plan. If the User does not agree with the new Fees, they must unsubscribe from the Service before the effective date. Otherwise, it will be understood that they accept the new Fees, and Myme will proceed to charge the corresponding amount in the next billing milestone.
9.2 Payment Method
The payment of the Fees will be made by the User through credit or debit card. To this end, whenever the User is subscribed to a Subscription Plan that involves the payment of a Fee, they must provide valid information for the card used to make payments and authorize Myme to deduct its charges from that card.
With the periodicity indicated according to the Subscription Plan chosen by the User, Myme will proceed to charge the corresponding Fees. If a payment cannot be processed, Myme will try to contact the User by email to remedy it, and it may suspend the account of the affected User until the payment is made.
The User must update the information of any card according to its expiration, providing valid data for a new card if necessary.
The user declares and guarantees that they will only provide information about cards that they are authorized to use and that all charges can be billed to that card and will not be rejected.
10. CONTRACTING PROCEDURE
In accordance with the provisions of article 23 of Law 34/2002, of July 11, on services of the information society and electronic commerce, contracts concluded electronically will produce all the effects provided by the legal system when the consent and other necessary requirements for its validity are met.
In any case, the electronic support in which the contract concluded electronically is recorded will be admissible as documentary evidence in case of a dispute between the parties.
For these purposes, it will be understood that the follow-up of all phases of the purchasing process and, where appropriate, the payment of the corresponding Fees necessarily implies the provision of the consent required for contracting.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002, on services of the information society and electronic commerce, all the information related to the contracting process is made available to Users, prior to the start of the contracting procedure. This information will only apply if the User decides to proceed with the contracting through the Platform.
10.1 Pre-contractual Information
Access to the contracting process is entirely free, with no additional associated costs, apart from those inherent to the User's Internet connection.
All Services and Subscription Plans available are thoroughly described in their respective sections within the Platform. Matters not expressly indicated in these sections are not considered included.
The contracting of Services through any Subscription Plan must be done by accepting these Conditions and, if applicable, the specific conditions that may apply to a particular Service, in which case it will be specified in the corresponding section. The formalization of specific conditions, if any, will follow the procedure established by Myme at any given time.
The contract between Myme and the User is considered perfected from the moment the User completes the contracting process by pressing the designated button. The User's progression through all phases of the electronic contracting process and the inclusion of all requested data, together with the checking of the corresponding box regarding the acceptance of these Conditions, constitutes a direct expression of the User's will to accept them.
Myme will keep a record of the formalization of this contract and will provide the User with confirmation of the contracted service. This confirmation, including these Conditions, can be displayed at the end of the contracting process and/or sent via email.
Myme will introduce adequate and sufficient technical means to identify and correct technical errors in information management as long as it is their responsibility.
The language in which the contracting procedure will be processed and in which the contract is formalized will be, unless indicated otherwise, Spanish.
10.2 Purchase Procedure
The contracting procedure for any of the Subscription Plans is carried out electronically through the Platform. Any person with internet access who meets the requirements described in these Conditions, as well as any other conditions established by Myme and published on the Platform, can carry out the contracting. All products and services offered through the Platform are publicly accessible without any restrictions.
The complete procedure that all Users who wish to acquire any of the Subscription Plans offered on the Platform must follow is as follows:
- Once the User has accessed the Platform, they must select the Subscription Plan of interest, carefully reviewing its description, as well as its features, conditions, prices, and payment plans.
- After choosing the desired Plan, the User must initiate the electronic purchasing process by clicking the "Start free" button. They must log in to the Platform with their user account or, if not registered yet, proceed with the registration, allowing the system to determine if the User is entitled to the initial free trial.
- In the case of choosing a paid Subscription Plan (notwithstanding the initial free trial), the User must enter the data regarding the chosen and available payment method. At no time will Myme have access to their banking information, as this will be directly managed by the corresponding banking entities in the payment gateway.
- After completing the purchase, a summary screen of the transaction will be displayed. The User will also automatically receive a confirmation email that the purchase has been successfully completed. This email will describe the purchase made, its characteristics, and serve as proof for any claims. If the User does not receive this email, they should check the "spam" or "junk" folder and, if not found there, contact Myme as soon as possible.
- The User can find all the information about their purchase, as well as any previously made purchases, in the control panel of their user account on the Platform. After identification, they can view the purchase summary, date, amount, payment method, and its status, as well as manage their subscription.
11. USER RESPONSIBILITIES
The User will be responsible for:
- Any act that contravenes the content of these Conditions and/or any other conditions in force on the Platform, the law, morals, customs, or generally accepted social norms and public order.
- Any damage or loss that may result from the misuse, negligence, or non-compliance by the User in their use of the Platform and/or the Services, including, for illustrative purposes only, the terms of the Conditions, applicable legislation, and/or any instruction, guideline, or recommendation made by Myme.
- Accuracy and completeness of the information provided by the User when accepting and executing the Conditions.
- Compliance with the terms of the Conditions, including the payment of the corresponding Fees.
The User agrees to indemnify, defend, and hold harmless Myme, including its directors, shareholders, successors, affiliates, employees, agents, and representatives, from and against any costs, claims, demands, liabilities, expenses, losses, damages, including attorney's fees, arising from or resulting from the User's use of the Services. The User also agrees to indemnify Myme for legal fees incurred by the latter, acting reasonably, in the investigation or enforcement of its rights under these Conditions.
12. DURATION AND TERMINATION
These Conditions will take effect from the moment of their publication on the Platform and will bind the User, even before registration, in all matters concerning their navigation and use of the Platform and its contents.
The registered User will be fully bound by these Conditions, governing their use of the Platform and Services as specified herein, from the moment of their express acceptance of the Conditions in the registration process. When acquiring any of the Subscription Plans, these Conditions will also apply to the Services requested by the User from Myme.
The Conditions will remain in effect between Myme and the User as long as the User continues to use the Platform and Services until either party terminates it in accordance with the terms of this document.
However, certain provisions of this document are expressly or implicitly intended to continue in force after termination or expiration, so they will remain in effect and continue to be enforceable for the User in accordance with their terms even when these Conditions are no longer in effect.
The User acknowledges that the use of the Services is subject to the acquisition of one of the Subscription Plans, which, depending on the selected Plan, may involve the payment of a Fee. Failure to pay the corresponding Fee will mean that the Service cannot be used by the User, remaining limited in any case to the free Subscription Plan with its associated limitations.
Likewise, the User acknowledges that these Conditions may be terminated prematurely, and therefore, the current Subscription Plan may be revoked, in the following circumstances:
- Termination by Convenience. The User can terminate the contract at any time up to 24 hours before the billing period expires, according to the Spanish time zone. If the termination occurs halfway through the billing period, the User can consume the total videos/month assigned to their Subscription Plan, as well as the hosting of their videos for up to thirty (30) calendar days from their generation.
In the case of annual fees, the User may terminate the contract within the same period, but will not be entitled to a refund or credit from Myme for the remaining subscription period.
If the User has used the "Additional Video Vouchers" feature outlined in section 8.4, the remaining additional video vouchers will be suspended until the User subscribes to a new Subscription Plan, maintaining their expiration date in any case.
- Termination for Breach. Myme may terminate the contract in the event of a breach of these Conditions by the User, especially in the case of late payment of Fees, without prejudice to Myme, at its discretion, and considering the nature of the breach, may grant the User a maximum period to remedy it. Myme reserves the right to suspend the User's access to the Services during the remedy period. In any case, such termination will not exempt the User from paying the Fees that were pending payment.
- Termination for Misuse. Myme may suspend or terminate the contract with a User in the event of effective knowledge of misuse or violation of the provisions of these Conditions, as well as if Myme receives notice or notification that a User's use may constitute criminal or unlawful activity under current legislation in Spain or the User's country of origin.
- Termination due to Interruption or Suspension of Services. In the event that Myme decides to interrupt or suspend the Services, it may terminate the contract.
In the event of termination of these Conditions for any reason, the User will lose their right to use the contracted Services, with their Subscription Plan revoked on the termination date, regardless of whether their user account may remain open. However, the user account may be canceled by Myme, at its discretion, due to the User's breach of any of the terms applicable to the Platform and/or the use of the Services.
After termination, and at Myme's option, the User must return all complete or partial copies of Preconfigured Content, Platform contents, and/or any other contents provided to them in their use of the Platform and/or Services.
For such termination, the User will not be entitled to any compensation or reimbursement, except in the case of interruption of the Platform by Myme, in which case the Fees paid in advance by the User for the current subscription period will be prorated and refunded, taking into account the remaining days after termination. In any case, Myme reserves the right to claim the corresponding compensation for damages that may have been caused by the User's breach.
13. SUSPENSION OF SERVICE
Myme may suspend, at any time and without prior notice, the availability and use of the Platform and its contents for all (or some of) the Users, which could involve the loss of data or information.
In particular, if the User breaches these Conditions, Myme may suspend or restrict their use of the Platform and may even cancel their assigned user, and such actions will not entitle the User to any compensation. Myme may inform and collaborate with the competent authorities if it detects any infringement of applicable law or if it suspects that a User is committing any crime.
In the event that the User breaches these Conditions and Myme takes no action against them, it will not be considered that Myme has waived its rights regarding such breach, and Myme may use and exercise its rights and remedies in any other situation where the User breaches the Conditions.
14. LIMITED WARRANTIES OF THE SERVICES
Myme will endeavor to ensure that all content on the Platform is at all times appropriate and correct. In case of errors in the content of the Platform, malfunctions, or any other cause that may be detrimental to its normal operation and/or the availability of the Services, Myme will seek to resolve them as quickly as possible. However, Myme declines any obligation or responsibility regarding the content available on the Platform and reserves the right to update or delete any content, as well as to limit or deny access, temporarily or permanently, to any User.
In particular, Myme cannot guarantee the reliability, usefulness, and accuracy of all information, services, and/or content available on the Platform, nor the usefulness and accuracy of the documentation provided therein.
Myme cannot guarantee nor will be responsible for:
- The continuity of content and services available on the Platform;
- The absence of errors on the Platform and/or in the Services;
- The absence of viruses and/or any other harmful components on the Platform or the server that provides it, being the responsibility of the User to equip their systems and devices with appropriate tools to detect and disinfect such harmful components;
- The invulnerability of the Platform or the security measures taken, as well as possible security errors or breaches that may be caused as a result of the User's or any other user's access using an infected device;
- The lack of utility or malfunction of any content on the Platform;
- Damages or losses caused by anyone who breaches the Conditions, whether caused to themselves or to third parties;
- Delays, deletion, misdelivery, or personal configurations of the Platform;
- Decisions made by the User as a result of information provided through the Platform, nor any damage caused to the User or third parties as a result of actions taken based solely on the information contained on the Platform. In this regard, Myme cannot guarantee the reliability, accuracy, and/or truthfulness of the information provided through the Platform to the extent that such information is provided by third parties;
- Damages caused to the User's devices or those of third parties during their use of the Platform;
- Damages and losses of any kind that may arise from access or use of the contents of the Platform;
- Intellectual or industrial property infringements by third parties, or infringements by third parties that may affect the User and other users of the Platform, as well as other websites and/or systems operated by Myme;
- Consequences arising from the malfunction of the User's browser or the use of outdated versions thereof;
- Unlawful, negligent, fraudulent use, contrary to the Conditions, good faith, and public order, of the Platform or its contents or services by Users;
- Damages and losses of any nature caused to the User as a result of failures or disconnections of telecommunications networks or any other electronic systems that cause the suspension, cancellation, or interruption of the Services and/or that affect the availability of the Platform, at any time.
Myme has taken all necessary measures, within its possibilities and the state of the art, to ensure the operation of the Platform and minimize system failures, both from a technical and content perspective.
If the User becomes aware of the existence of any illegal, unlawful content that infringes the rights of third parties, or that is contrary to these Conditions, they must notify Myme immediately so that appropriate measures can be taken. For this purpose, in order to detect such situations as quickly as possible, Myme has enabled the email address firstname.lastname@example.org for Users to report directly on such actions.
Myme reserves the right to deny access to the Services for any reason and/or to interrupt them, either totally or partially, at any time and without prior notice. The use of the Platform is subject to all applicable laws and regulations, and the User will be solely responsible for the content of the communications they send through the Platform.
In any case, Myme will not be responsible for any delay or failure of its obligations under these Conditions if the delay or failure is due to any cause beyond its reasonable control, such as force majeure, problems accessing the Internet, technological problems beyond diligent and reasonable management, actions or omissions of third parties, among others. In all the aforementioned cases, which are beyond Myme's control and due diligence, there will be no compensation for the User for damages or losses, to the extent permitted by current legislation.
Myme may have access to confidential information shared by its Users in order to provide the contracted service and/or manage the contractual relationship with them. In the event that this happens, Myme commits to: (i) use the received confidential information solely for the fulfillment of the Conditions and the provision of the contracted services; (ii) strictly safeguard the confidential information, avoiding its disclosure or provision, in whole or in part, to any third party without the prior and express consent of the client; (iii) treat the confidential information with the utmost discretion and use it solely in connection with the provision of the contracted services; (iv) implement reasonably necessary security measures for the purpose of complying with this clause.
The above confidentiality obligations will not apply to information that: (i) is public knowledge or has been made public by the client; (ii) is lawfully obtained from third parties by Myme without restrictions on its disclosure; (iii) is independently and legitimately developed by Myme; and (iv) is required by a judicial or administrative authority exercising its competence, and only to the extent that the disclosure of the information is necessary to comply with that requirement.
16. DATA PROTECTION
Tratamiento de los datos personales del cliente en la prestación de los servicios
1. Data Controller
Customers are informed that their data will be processed by Myme, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of these data (hereinafter, "GDPR"). The information contained in this clause allows you to consult the details of the different personal data processing that may be carried out as a result of the hiring of the services offered by Myme.
2. Purposes for which data will be processed
2.1 Fraud Prevention
Purpose and Legal Basis: In accordance with Myme's internal policies, customer data will be processed for fraud prevention in contracting.
This purpose will require processing your personal data to satisfy the legitimate interest consisting of avoiding anomalous practices that may cause harm to Myme or third parties, with the treatment being necessary to prevent possible harm and potential legal breaches resulting from the actions of customers.
Data Processed: This purpose will require Myme to process the following types of personal data:
- Identifying data: name, surname, ID.
- Contact data: phone, email, address.
- Commercial information data: position held, appointments, power or authority of representation.
Retention: The data will be kept for the time necessary to fulfill the informed purpose or until the customer opposes their processing (unless Myme's interests prevail), by sending an email to Myme at email@example.com
2.1 Web Registration
Purpose and Legal Basis: When creating an account on the Platform, it will be necessary to process the personal data provided to identify you, generate the credentials that allow validation on the Platform, and carry out the different management and requests enabled to Users, including: the acquisition of goods and services marketed by Myme; access to your private area; reporting incidents; or any other functionality that may be offered through the Platform. Likewise, statistics will be elaborated that will not contain personal data but aggregated and anonymized data. The required data will be processed based on the fulfillment of the contractual relationship, derived from the acceptance of these Conditions.
Data Processed: Web registration will require Myme to process the following personal data:
- Identifying data: name, surname.
- Contact data: email, phone.
Retention: The data will be kept during the validity of the contractual relationship and, at most, for the period of limitation of the corresponding legal actions unless you authorize us to process it for a longer period.
2.3 Provision of Contracted Services
Purpose and Legal Basis: When contracting Myme's services, customer data will be processed based on the fulfillment of the contractual relationship, with the purpose of formalizing, managing, maintaining, developing, supervising, and controlling the provision of the contracted services.
Data Processed: Under the contractual relationship, Myme may process the following types of personal data:
- Identifying data: name and surname, DNI/NIE, etc.
- Contact data: email, phone, address, etc.
- Financial/banking data: bank account, etc.
- Contract data: contract number, billing, payments, general and specific conditions, etc.
Retention: The data will be kept during the validity of the contractual relationship and, at most, for the period of limitation of the corresponding legal actions unless the client authorizes us to process it for a longer period.
2.4 Evaluation of Satisfaction with the Received Service
Purpose and Legal Basis: Customer data may be processed for the verification of the quality of Myme's services and to assess their satisfaction. Myme may request the customer's assessment of the services, which will be analyzed for improvement. This processing is necessary for the satisfaction of the legitimate interest consisting of increasing the quality of the products and services offered by Myme.
Data Processed:This purpose will require Myme to process the following types of personal data:
- Identifying and contact data: Name and surname.
- Contact data: Email, phone.
- Data related to the services provided.
Retention: The data will be kept for the time necessary to fulfill the informed purpose or until the customer opposes their processing (unless Myme's interests prevail), by sending an email to Myme at firstname.lastname@example.org
2.5 Sending Commercial Communications by Myme about Products or Services Identical or Similar to Those Already Contracted with Myme
Purpose and Legal Basis: Sending Myme's commercial communications about products and services identical or similar to those contracted, sent by different means: telephone or electronic (including WhatsApp, email, SMS, etc.). This processing is necessary for the satisfaction of the legitimate interest and will be carried out in accordance with the provisions of Law 34/2002, on information society services and electronic commerce. In each electronic communication made, the customer can unsubscribe to stop receiving this type of communication, being able to oppose the processing at any time by sending an email to Myme at email@example.com
Data Processed: Under the contractual relationship, Myme may process the following types of personal data:
- Identifying data: name and surname, DNI/NIE.
- Contact data: email, phone.
Retention: The data will be kept during the validity of the contractual relationship or until the customer opposes their processing (unless Myme's interests prevail), by sending an email to Myme at firstname.lastname@example.org
2.6 Creating a Commercial Profile with Own Data Obtained Directly from the Customer
Purpose and Legal Basis: Customer data may be processed to create a profile that will only include information that the customer provides to Myme as a result of the contracted contractual relationship, derived from the data resulting from the service, in order to offer services marketed by Myme adapted to their profile. This purpose will require processing customer data to satisfy Myme's legitimate interest in carrying out advertising campaigns to attract customers' interest in the services offered by Myme. The data processed in this sense will always respond to the current situation of the customer, which will be updated each time an advertising campaign is carried out, and technical and organizational measures will be taken to reinforce the confidentiality and security of the information.
Data Processed: This purpose will require Myme to process the following types of personal data:
- Identifying data: name, surname, DNI, etc.
- Contact data: postal address, email address, phone number, position, company, etc.
- Contract data: contract number, billing, payments, accepted conditions, customer identification, etc.
- Inferred and derived data: indicators about possible interests and preferences, calculation of the propensity to contract, renew, or cancel a certain service, or to default on payment obligations.
Retention: The data will be kept for one year from its obtaining or until you object to its processing (unless Myme's interests prevail), by sending an email to Myme at email@example.com.
3. Recipients to whom your data will be communicated
- In compliance with legal obligations attributable to Myme, your data may be communicated to Public Administrations in cases provided by law.
- In compliance with the contractual relationship, your data may be communicated to banks and financial entities to collect the services.
Regarding the location of the data, the client is informed that Myme only transfers data outside the European Economic Area to the United States, and this transfer is covered by standard contractual clauses approved by the European Commission. Notwithstanding the above, as a general rule, the communication of your personal data to recipients located in countries outside the European Economic Area is not foreseen. In the event that the intervention of any of Myme's service providers involved in the provision of services may involve an international data transfer, you will be duly informed and appropriately regulated, adopting adequate guarantees for its realization.
4. Exercise of your data protection rights
Customers have the right to exercise their rights of access, rectification, deletion, portability, and limitation, firstname.lastname@example.org. Likewise, they have the right to file a claim with the Spanish Data Protection Agency, through www.aepd.es, when they consider that their rights recognized by the applicable data protection regulations have been violated.
Customers can contact Myme's data protection officer by emailing email@example.com.
Data Processing Agreement
The provision of services under this contract implies the processing by Myme of personal data for which the customer is responsible for the processing, including the collection, recording, consultation, storage, dissemination, modification, and deletion of personal data, to the extent necessary for their execution and until their completion.
The categories of data subjects whose data will be processed by Myme under these Conditions are the recipients of communications whose data is provided to Myme, which generally coincide with the following categories of data: identifying and contact data. Additionally, if necessary for the performance of the contracted campaign, another type of information may be processed under the client's instructions, such as: commercial information, employment information, transactions of goods and services, and others that the client may provide to Myme. Also, if the client uses their own audiovisual content for the creation of their campaign, among the categories of data subjects whose data will be processed by Myme, there will be people who may appear in this audiovisual content, and consequently, Myme will process image and voice data in accordance with the client's instructions.
Myme undertakes to ensure, taking into account the state of the art, the costs of application, and the nature, scope, context, and purposes of processing, as well as the risks of varying probability and severity for the rights and freedoms of natural persons, the application of appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
When evaluating the adequacy of the level of security, Myme will particularly take into account the risks presented by data processing, particularly as a result of accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed, as well as unauthorized communication or access to such data. Myme will determine the security measures to be applied.
The client is informed and expressly accepts the subcontracting of services that involve access and/or processing, in whole or in part, of personal data indicated in the following list:
- Cloud computing platform for encrypted storage of our clients' information for the generation of campaigns.
- Tool to offer our clients statistics of the viewing of the video of their campaigns.
- Platform for sending campaigns through email and/or SMS from our clients to their end customers.
The update of information about subcontracted services will be considered informed by the modification of this list and may be denied, with justification, within 10 days of each update, which will be duly communicated to the email address provided by the client. Otherwise, it will be deemed authorized, and the subcontractor will be contractually bound to fulfill the same data protection obligations as those established in this clause for Myme. In any case, access to the data by companies and professionals that Myme has contracted internally for general or maintenance services is authorized, provided that these tasks have not been contracted by Myme with the purpose of subcontracting all or part of the services it provides to the client.
Regarding the location of the data, the client is informed that Myme only transfers data outside the European Economic Area to the United States, and this transfer is covered by standard contractual clauses approved by the European Commission. Notwithstanding the above, as a general rule, the communication of personal data to recipients located in countries outside the European Economic Area is not foreseen. In the event that the intervention of any of Myme's service providers involved in the provision of services may involve an international data transfer, you will be duly informed and appropriately regulated, adopting adequate guarantees for its realization.
Myme commits to return to the client all personal data after the provision of services is concluded and to delete existing copies, except if data retention is required by law.
Myme is obligated to provide assistance to the client to ensure compliance with legal obligations related to data security, communication of personal data security breaches, impact assessment on data protection, and prior consultation.
The exercise of data subjects' rights is the exclusive competence of the client, with Myme assuming no function in this regard. However, Myme will assist the client by inserting the email address provided by the client in the contracting process in all communications sent from Myme. Consequently, the client expressly excludes Myme from any liability for this cause.
Myme will keep a record of all categories of processing activities carried out on behalf of the client. Likewise, it will cooperate with the competent Supervisory Authority in cases where it is so requested.
On the other hand, the client declares and guarantees the lawful origin of the personal data that will be made available to Myme, ensuring that they have been obtained in compliance with the requirements established in Article 6 of the GDPR. In this sense, the client declares and guarantees that they have a sufficient legal basis for the purposes outlined in these Conditions, including, but not limited to, the sending of commercial communications.
The client guarantees that they can prove that data subjects, where applicable, expressly consented to the processing of their personal data for this purpose, in accordance with the provisions of Article 7 and following of the GDPR.
The client declares to have informed the data subjects of the purpose of the use of the collected information and other aspects set out in Articles 13 and following of the GDPR.
The client must indemnify and, if applicable, indemnify Myme for any claim, damage, debt, loss, fine, penalty, costs, and expenses, including reasonable attorney fees, that may arise from the client's breach of any of the provisions contained in these Conditions and in the regulations applicable to the data being processed.
The client declares to comply with the obligations established in European and national regulations on the protection of personal data.
The headings of the different clauses are for informational purposes only and do not affect, qualify, or encourage the interpretation of these Conditions.
All clauses or extremes of these Conditions must be interpreted independently, without affecting the rest of the clauses in the event that one of them has been declared null by a court judgment or final arbitration award. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by this document.
Myme may modify the terms and conditions established here, in whole or in part, at any time. Changes will be published on the Platform similarly to how these Conditions are available, and, if affecting current Subscriptions, will be communicated by email or through the Platform itself.
If any provision of the Conditions is rejected or declared ineffective by a competent court or regulator, this ineffectiveness will not affect the remaining provisions, which will remain in force.
18. APPLICABLE LAW AND JURISDICTION
These Conditions, including the use of the Platform and the services offered on it, are governed by the current Spanish legislation at all times.
In the event of a dispute, action, or claim that may arise in relation to the interpretation and application of these Conditions, the User and Myme submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid (Spain) with express and voluntary waiver of any other jurisdiction, except for imperative legal provisions to the contrary.
Last update: November 2023
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