1.-Premises

Smartrev Analytics Consultants SLU (“Smartrev”) through the Cyber Startup Observatory^© website and the e-Observatory^© and @CSOFinder^© applications works to help organizations promote their companies, cybersecurity products and vision.

The terms as hereinafter appearing, the Privacy Policy and other instructions provided during the activation process, shall govern use of the website, its contents, services available at or through the website offered to the customers/you. These terms are are collectively referred to as “these Terms”.

By registering or activating your company, logging in our using Smartrev’s Cyber Startup Observatory^© website and its applications, in particular the e-Observatory^© and @CSOFinder, you are agreeing to be bound by these terms. If you have any questions or concerns about these terms, please contact us at: info@cyberstartupobservatory.com

You must go through these terms including the Privacy Policy before registering, logging in or making use of our services. These terms are enforceable against you or any entity using Smartrev’s applications and services (Cyber Startup Observatory^© website and its applications, the e-Observatory^© and @CSOFinder). If you do not agree, do not otherwise make use of services.

Smartrev reserves the right to change these terms at any time without any prior intimation. You are advised that any amendment to these terms or policies incorporated herein will only be notified on/through the Website or accessible links and you agree to read these terms before making use of services. The revised version/ terms shall be effective from the time the same is made publicly assessable on /through any link on the Website.

Smartrev permits you to make use of services only in accordance with these terms.

2.-Definitions

The following words used in these terms have the following meaning:

• @CSOFinder: application allowing you to find cybersecurity companies per market, company type, categories and industries.
• e-Observatory: application allowing you to register your cybersecurity company, it’s products, success stories, future functionality and other relevant information to be available on the @CSOFinder for website visitors looking for specialized information with regards to companies and products.
• “Smartrev’s Services” or “Services” denotes the services provided by Smartrev through the Cyber Startup Observatory website.
• “Website” means the website cyberstartupobservatory.com through which the user can make use of Smartrev’s services;

3.-Eligibility

By accepting this Agreement representing your company, you agree and warrant that: (i) You have sufficient authority within your company under applicable law to enter into this Agreement; (ii) you are duly authorized by your company to accept this Agreement and you have the authority to bind your company to this Agreement.

4.-Registration

In order to access services, you are required to register and open a personal account, providing your personal information. You will be solely liable and responsible for all activities that occur under your account. You acknowledge and agree that you are solely responsible for maintaining secrecy and confidentiality of your username and password and other information provided.

You further acknowledge and agree that while making use of services you will provide yours true, accurate and complete information. You will be solely liable & responsible for providing wrong information. You are also solely responsible to maintain and promptly update the information provided while making use of services on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. You are prohibited from misrepresenting your identity or using identity of any other person while making use of services provided by Smartrev.

If provided information is untrue, inaccurate, not current or incomplete or Smartrev has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, its reserves the right to indefinitely suspend or terminate or block your use or access to the Website or use of Smartrev’s services and applications in any manner whatsoever. 

You acknowledge and agree that you will keep yourself updated with all data, information and communication pertaining to you made available on the Website in relation to Smartrev’s services. You further agree that your use of the Website/ Smartrev or provision of any data or information including any correspondence (by email or otherwise) to or by Smartrev is through electronic records and you consent to receive communication from Smartrev via electronic records which will be deemed adequate service of notice.

5.-Payment

The e-Observatory^© Service can be delivered with three different levels of service:

• e-Bronze:
  • Basic company profile.
  • One product available for display on @CSOFinder.
  • The Silver service fee is 250 € / Year (VAT not included).
  • The e-Bronze is free for startups less than 5 years old. Once they do not meet this requirement, the normal e-Bronze fee will apply.
• e-Silver
  • Advanced company profile.
  • Two products available for display on @CSOFinder.
  • The Silver service fee is 450 € / Year (VAT not included).
  • e-Silver customers will be shown with priority over e-Bronze customers on the @CSOFinder search engine.
• e-Gold:
  • Premium company profile
  • Three products available for display on @CSOFinder.
  • The Gold service fee is 799 € / Year (VAT not included).
  • e-Gold customers will be shown with priority over e-Silver customers on the @CSOFinder search engine.

6.-Contract Duration

The duration of the contract is twelve months from the signature date.

In case you decide to cancel the service before the end of the subscription period, we will cancel your service upon one-week’s notice.

Smartrev does not provide refunds for any fees or charges, including partially used periods and bank/merchant fees.

To cancel service you must contact us at:

info@cyberstartupobservatory.com

7.-Ownership

The Website contains the description of services offered, other special features and tools, if any and other relevant information of the services rendered through the website. Smartrev reserves its right to vary the content from time to time.

We have right to use the content that you provide in connection with the services offered, however we do not claim ownership in any content that you upload, provide, make available or otherwise transfer on the services. You should only post content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. We also have right to use your organization logo and name in connection with the services provided. 

8.-Covenants of the user

You represent and warrant that (i) Your use of the Service will be in strict accordance with the Smartrev Privacy Policy, this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and (ii) Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

You further acknowledge and agree that you may not permit, assist or allow any third party to: (a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute any Smartrev’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website; (b) access or use this Website or any Smartrev’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on Your own or any third party’s website, platform or other online space or means; (c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Smartrev’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Smartrev’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies; (d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of our servers to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means; (e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website; (f) breach the protection, security or authentication measures on the Website or on the Digital Platform; (g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity; (h) exploit or use the Website, any Smartrev’s Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Website term of services or solicit the performance of any illegal activity or other activity which infringes the rights of Smartrev or others; (i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website or of the Digital Platform, or any systems or networks connected to the Website or to the Digital Platform; (j) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or of the Digital Platform or any transaction being conducted on the Website or on the Digital Platform, or with any other person’s use of the Website.

You represent and warrant that: (a) you own the content posted by you on the website/services or otherwise you have right to grant the license set forth in this Agreement; (b) your content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing or posting your content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer, (d) any information you provide in a product review and vendor review is correct, and (e) any information you provide about your current, past or potential status as an employee of a certain employer is correct and complete. Please make sure that you only provide information to the services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non- disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be publicly accessible.

You also agree that any use of the services in violation of this agreement may result in, among other consequences, termination or suspension of your rights to use the services. We may disclose information about your use of the services in accordance with our privacy policy. We have the right (but not the obligation) to review any content and delete (or modify) any content that in our sole discretion violates this agreement or which is prohibited content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this agreement, including without limitation, removing content from the services (or modifying it), terminating your membership and account, reporting you to law enforcement authorities, and taking legal action against you. You are solely responsible for creating backup copies of and replacing any content you post on the services at your sole cost and expense.

You will also not: (i) cover or obscure any advertisements on the services, or on the Smartrev’s page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the services or the network or services connected to the services; (iii) introduce software or automated agents to the services, or access the service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the services; or (iv) interfere with, disrupt, or modify any data or functionality of the services.

Smartrev reserve the right to discontinue or suspend Your access or use of the Website or of the Digital Platform, without notice, if (I) Smartrev reasonably deem you have violated the these terms of services or (II) Smartrev reasonably deem such a measure necessary for security reasons.       

9.-Disclaimer

The services are delivered to you “as is” and with all its faults.

Except to the extent specifically prohibited by applicable law, each service is provided “as is” and “as available” without guarantee or warranty of any kind by Smartrev. 

Smartrev does not warrant or provide another similar assurance whatsoever that uninterrupted use or operation of any service, continued availability of any service or that any messages, content or information sent by our to you will be accurate transmitted in uncorrupted form or within reasonable period of time.

Smartrev in no event shall be liable for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the website use.

Nothing in this agreement imply or create any continued right to use Smartrev’s products and services after termination of this agreement.

10.-Indemnity

You shall indemnify and hold harmless Smartrev from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this including policies incorporated herein by reference, or your violation of any law, rules or regulations or the third party’s policy, terms & conditions.

11.-Privacy

The personal information / data including but not limited to the Information provided by you to the Website hall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to the General Data Protection Regulation (GDPR) and rules there under (Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Website by Smartrev. Smartrev only uses your information in the manner described in the Privacy Policy. If you do not agree to your information used in this way, please do not use the Website.

12.-Breach of the agreement provisions

Smartrev may at its sole discretion, without limiting other remedies it may have in law and equity, take such action as it deems fit indefinitely suspend or terminate or block your Services, and/or refuse to provide you with access to the Website, use of Software or initiate any legal action it may deem fit, particularly in the event:

(i)      You breach any of the provisions of these terms including any of the policies, documents, terms and conditions made there under which are incorporated therein by reference;

(ii)     Smartrev is unable to verify or authenticate any information provided by you;

(iii)    Smartrev believes that your actions may cause legal liability to Smartrev, other Users or yourself.

(iv)    It is our policy to terminate the membership and privileges of any member who infringes copyright upon prompt notification to us by the copyright owner or his/her legal agent. In case of service suspended, blocked or terminated due to a breach of this agreement, Smartrev does not provide refunds for any fees or charges.

No actions, omissions or decisions taken by Smartrev shall waive any rights or claims that Smartrev may have against the User.

When you are suspended or blocked, you shall not register or attempt to register with the Website or use the Website or attempt to use or use Smartrev in any manner whatsoever until such time that you are reinstated for such use. Reinstatement shall be at the sole discretion of Smartrev.

You shall have no claim of any nature whatever against Smartrev, in case Smartrev exercises its right under this clause.  

13.-Force Majeure

Notwithstanding anything to the contrary herein, Smartrev shall not be liable if we are unable to deliver the service or are rendered unable to perform any of our obligations within the agreed time hereunder for any reason, including, without limitation, strikes, boycotts, war, terrorism, Acts of God, labour, troubles, riots, restraints of public authority, etc.

14.-Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of Spain, including all matters of construction, validity, performance and enforcement. The parties agree that the city of Almeria, shall be the sole forum for any action brought against the other party.