Legal Notice

SPANISH INFORMATION SOCIETY SERVICES ACT

Lojit Medical, which is the owner of this website (the “Website”), makes this document available to the Website’s users (the “Users”), in order to comply with Spanish Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico), and to inform all of the Website’s Users about its general terms and conditions of use (the “Terms of Use”).

All persons who visit this Website are considered to be one of its Users, and in that capacity, they are committed to understanding and rigorously complying with the contents of this document, and with all other applicable legal rules.

Lojit Medical reserves the right to make changes to any type of information appearing at the Website, with no obligation to notify the Users in advance or at any other time, based on the understanding that publishing the new contents at the Website of Lojit Medical is sufficient notification.

1. IDENTIFICATION DATA

Company name: Lojit Medical

Trade name: Lojit

Tax identification number: B86845948

Registered office: Cl. Manuel Tovar, 24

e-mail: [email protected]

2. PURPOSE

The purpose of the Website is to give the Users access to information about the company’s services.

3. PRIVACY AND DATA PROCESSING

Whenever the Users must provide personal data in order to access certain contents or services, they must ensure that all data they provide is truthful, accurate, authentic, and currently valid. The company will perform the corresponding automated processing of that data based on its nature or purpose, under the terms indicated in the Privacy Policy section.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Users acknowledge and agree that all contents appearing on the Website, especially the designs, texts, images, logos, icons, buttons, software, trade names, branding, and any other signs susceptible to industrial and/or commercial use are subject to intellectual property rights; and that all branding, trade names, and distinctive signs, and all intellectual and industrial property rights over the contents and/or any other elements existing at the Website, are the exclusive property of the company and/or third parties, which have the exclusive right to use them for commercial purposes. In view the above, the Users undertake to refrain from reproducing, copying, distributing, making available, or in any other way publicly communicating, transforming, or modifying any such contents, and they agree to indemnify the company for any claims that could arise from their failure to comply with any such obligations. Under no circumstances does visiting or using the Website imply any type of full or partial waiver, transfer, licensing, or assignment of any such rights, unless expressly established otherwise. These Terms of Use for the Website do not give the Users any other rights of use, human resources, alteration, exploitation, reproduction, distribution, or public communication for the Website and/or its contents other than those expressly envisaged here. Any other use or exploitation of any rights will require express authorisation in advance, specifically granted for that purpose by the company or by the third-party holder of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes, and in general, any intellectual creation existing at this Website, as well as the entire Website as a multimedia artistic work, are protected by copyrights in accordance with the intellectual property legislation. The company is the owner of the elements included in the Website’s graphic design and the menus, navigation buttons, HTML code, texts, images, textures, graphics, and all other contents of the Website; or for any of these where it is not the owner, it has appropriate authorisation to make use of those elements. The contents made available at the Website may not be fully or partially reproduced or transmitted, or recorded by any information retrieval system, in any form or via any medium, unless written authorisation has been received in advance from the company.

It is also prohibited to eliminate, elude and/or manipulate the “copyright” markings or technical protection devices, or any other information mechanisms that the contents contain. The Users of this Website undertake to respect the rights described above and avoid any acts that could infringe those rights, with the company reserving its right under all circumstances to pursue any appropriate means or legal actions to defend its lawful intellectual and industrial property rights.

5. OBLIGATIONS AND LIABILITIES FOR THE WEBSITE’S USERS

The Users undertake to:

• Make only appropriate and lawful use of the Website and its contents and services, in conformity with: (i) the legislation that applies at any given time; (ii) the Terms of Use for the Website; (iii) all generally accepted standards of conduct and morality; and (iv) the need to protect the public order.
• Possess all technical means and requirements necessary to visit and use the Website.
• Provide truthful information when entering personal data into the forms used at the Website, and to keep that data updated at all times to ensure that it always reflects their actual situation. The Users will be solely liable for any false or inaccurate statements they make, and for any harm and losses caused to the company or to any third parties by the information they provide.

In addition to complying with provisions above, the Users must also refrain from:

• Making any unauthorised or fraudulent use of the Website and/or its contents for unlawful purposes or effects, or any use prohibited in these Terms of Use, or any use that may be harmful to the rights or interests of third parties, or that could in any way damage, shut down, overload, deteriorate, or hinder normal usage of the services, documents, files, or any other contents stored on any IT equipment.
• Accessing or attempting to access any restricted resources or areas at the Website, unless the conditions required for such access are met.
• Causing damage to the Website’s physical or electronic systems, or those of the company’s suppliers or other third parties.

• Introducing or distributing malware on the network or on any other physical or electronic systems, susceptible to causing damage to the company’s physical or electronic systems, or those of the company’s suppliers or other third parties.

• Attempting to access, use and/or manipulate the company’s data, or the data of any third-party suppliers or other Users.

• Reproducing, copying, or distributing the contents, or providing access to them by members of the public through any form of public communication, or transforming or modifying the contents, unless authorisation to do so has been received from the holder of the corresponding rights or as permitted by law.

• Eliminating, obscuring, or manipulating the company’s statements on intellectual or industrial property rights, or any other information included in the contents that identifies the rights of the company or of third parties, or any of the technical protection devices, or any information mechanisms included into the contents.
• Obtaining or attempting to obtain the contents by using means or procedures other than those that have been made available for that purpose in any given case, or that have been expressly indicated on the Website’s pages where the contents are found, or in general, any that are typically used on the Internet, in order to avoid any risk of damage or downtime for the Website and/or its contents.

Specifically, the Users undertake to refrain from any conduct that includes but is not limited to transmitting, broadcasting, or making available to third parties any information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any type of material that: • In any way infringes, diminishes, or harms any fundamental, constitutionally protected public rights or liberties, or any recognised in international treaties or in any other legislation in force.• Induces, incites, or encourages criminal, degrading, defamatory, or violent activities, or in general, any that are contrary to the law or to generally accepted standards of conduct and morality, or that could endanger the public order.• Induces, incites, or encourages activities, attitudes, or thoughts that are discriminatory on the basis of sex, race, religion, beliefs, age, or social status.• Incorporates, makes available, or allows access to products, elements, messages and/or services that are unlawful, violent, offensive, harmful, degrading, or in general, contrary to the law or to generally accepted standards of conduct and morality, or that could endanger the public order.• Induces or could induce an unacceptable state of anxiety or fear.• Induces or entices involvement in practices that are dangerous, risky, or harmful to physical or mental health.• Belongs to the company or a third party and is protected by the legislation on intellectual or industrial property, unless authorisation has been given for the use intended.• Infringes the rights to personal dignity, to personal or family privacy, or to control over one’s own image.• Represents any form of advertising.• Includes any type of malware or computer code that could a negative effect on the Website’s normal functioning.

If a password is provided to allow access to any of the Website’s services and/or contents, the Users are obliged to use them in a diligent manner, maintaining their confidentiality at all times. As a result, the Users will be responsible for ensuring appropriate safeguarding and confidentiality for those passwords, and they undertake to refrain from transferring them temporarily or permanently to any third parties, or from allowing access by any other persons to the services and/or contents. In addition, the Users are obliged to notify the company about any event that could represent improper use of any User’s password, including but not limited to its theft, misplacement, or unauthorised access, so that the password can be immediately deactivated. As a result, if a User delays provision of that notification, the company will be released from any liability that could arise from improper use of the User’s password during that delay, with the User being liable for any unlawful use of the Website’s contents and/or services by any unauthorised third parties. If a User fails to comply with any of the obligations established in these Terms of Use because of negligent or intentionally wrongful conduct, that User will be liable for all harm and losses that the company suffers from that non-compliance.

6. LIABILITIES

The company does not promise continuous access to the Website, or proper viewing, downloading, or use of the elements or information it contains, when these are prevented, interrupted, or made more difficult by factors or circumstances beyond the company’s control. The company accepts no liability for any decisions the Users make as a result of access to the contents or information offered.

If the company detects any use of its Website, or of any of the services offered through its Website, that infringes these Terms of Use, the company will be allowed to interrupt the service or immediately terminate its own relationship with the User. The company accepts no liability for any damage, harm, losses, claims, or expenses derived from use of the Website.

The company will only be responsible for eliminating any contents that could cause such harm or losses as soon as possible, provided the company is notified about them. The company especially refuses to accept any liability for harm or losses derived from the following circumstances, among others:

Interference, interruptions, malfunctions, omissions, communication failures, delays, lack of access, or disconnections in functioning of the electronic system caused by deficiencies, overloading, or errors affecting the telecommunication lines or networks, or for any other cause beyond the company’s control.

Unlawful interference caused by use of any type of malware, through any means of communication, such as computer viruses or any similar elements.

Improper, inappropriate, or abusive use of the Website.

Security or navigation errors caused by improperly functioning web browsers or use of outdated versions of them. The Website’s administrator reserves the right to fully or partially remove any contents or information existing at the Website.

The company accepts no liability for any harm or losses of any type that could be caused by improper use by the Users of the Website or any of its freely available services. The company also accepts no liability for any contents or information it receives via contents entered on the Website’s online forms, which are provided solely for the purpose of providing the services used to respond to questions and queries. However, if any harm or losses are caused by unlawful or improper use of those services, the User will be the party liable for claims based on any harm or losses caused.

The Users must compensate the company for any harm and losses it incurs because of claims, legal actions, or other demands of third parties resulting from their access to or use of the Website. The Users are also obliged to provide compensation for any harm and losses that arise from any use they make of “robots”, “spiders”, “crawlers”, or similar tools used for the purpose of collecting or extracting data, or from any other activity they perform that puts an unreasonable load on the Website’s operation.

7. HYPERLINKS

The Users are obliged to refrain from in any way reproducing the Website or any of its contents, including by the use of hyperlinks, unless express authorisation has been received in writing from the Website’s owner.

The Website may include links to other websites managed by third parties, with the aim of facilitating the Users’ access to information provided by collaborating and/or sponsoring enterprises. In relation to this, the company accepts no liability for the contents of any such websites, and it must be understood that the company is not itself guaranteeing or offering any of the services and/or information being offered to any persons through any such third-party links.

The Users are granted a limited, revocable, and non-exclusive right to create links to the Website’s homepage, exclusively for private, non-commercial use. All websites that include a link to the company’s Website (i) must refrain from making any false statements about their relationship with the company or stating that the link has been authorised, and they must not include any branding, company names, trade names, logos, or other distinctive signs belonging to the company; (ii) may not include any contents that could be considered as in bad taste, obscene, offensive, controversial, representing an incitement to violence, harmful to the public order, unlawful, or discriminatory on the basis of sex, race, or religion; (iii) may not provide links to any pages of the Website other than the homepage; (iv) must only include direct links using the Website’s URL, with no permission granted for any website to link to our Website by reproducing it as part of that website, or through the use of “frames”, or by creating a “browser” that displays any of the Website’s pages. At any time, the company may request elimination of any links to its Website, which must then be removed immediately.

The company has no control over any information, contents, products, or services provided by any other websites that have links leading to the Website.

8. DATA PROTECTION

To use any of the services, the Users must first provide some personal data. The company will perform automated processing of that data and will apply the corresponding security measures, all in compliance with the European Union’s General Data Protection Regulation (GDPR), the Spanish Data Protection and Digital Rights Act (Ley Orgánica de Protección de Datos Personales y garantía de los derechos digitales), and the Spanish Information Society Services Act (Ley de Servicios de la Sociedad de la Información). In the Privacy Policy available at the Website, the Users can find information about the company’s personal data processing policies and the purposes of that data processing.

9. COOKIES

The company reserves the right to use the technology known as “cookies” at the Website, for the purpose of recognising returning Users and personalising each User’s use of the Website, by pre-selecting the language displayed, preferred contents, or other specific elements.

The cookies are used to record the Users’ IP addresses, with Google being the data controller for that information.

Cookies are files sent to the Users’ web browsers by the Website’s server to record information about each User’s navigation at the Website, provided that User has consented to the Website’s use of cookies. The Users may configure their web browsers to display a warning about the use of cookies, and they may deny their consent to have cookies saved on their hard drive. For more information on this subject, the Users should consult the instructions and help contents available for their particular web browsers.

The Website’s use of cookies makes it possible to recognise which web browser each User is using, provide contents, offer navigation preferences, display advertising that fits each User’s demographic profile, measure the number of visits to the Website and other traffic parameters, monitor progress, and count the number of page views.

10. REPRESENTATIONS AND WARRANTIES

In general, the contents and services offered at the Website are for informational purposes only. This means that when those contents and services are offered at the Website, no representations or warranties are being offered in relation to them, including but not limited to any warranties on lawfulness, reliability, fitness, truthfulness, accuracy, or merchantability, except to the extent that any such representations or warranties must be understood as included by law.

11. FORCE MAJEURE

The company accepts no liability for any circumstances where it becomes impossible to provide the services because of prolonged interruptions affecting the electrical supply or telecommunication lines, or civil conflicts, labour actions, rebellions, explosions, floods, governmental acts or omissions, or in general, any circumstances of force majeure or unforeseen circumstances.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION.

These Terms of Use, and use of the Website, are governed by Spanish law. For purposes of resolving any disputes that may arise, the parties will be subject to the courts and tribunals in the location of the Website owner’s registered office.

Under any circumstances where any stipulation from these Terms of Use is found to be unenforceable or null by virtue of the applicable legislation, or as a result of a judicial or governmental decision, that unenforceability or nullity will not cause these Terms of Use as a whole to become unenforceable or null. In any such cases, the company will amend the provision affected, or replace it with another one that is valid and enforceable and that, to the greatest extent possible, has the same aim and intention as the original provision.