GENERAL CONTRACTING AND USE CONDITIONS

1. WHAT IS NODALBLOCK?

Nodalblock is a multi-device online platform (tablet, mobile, PC, laptop ...), based on Blockchain technology, which allows the certification and validation of documents and identities necessary to provide security and trust in electronic relations.

Both people and companies can use Nodalblock: The best, and safest, technology in the world, to certify digital documents, digital communications and validate identities in an environment that is easy to use, and much cheaper than traditional systems.

With Nodalblock you can certify any type of digital file, digitally sign any contract, whatever the distance (and trust) between the parties, and also have a Digital ID in Blockchain, which allows users of Nodalblock, perform all these actions in a safe, transparent, reliable and immutable way.


2. OBJECT.

The purpose of this document is to establish the general conditions of contracting and use (hereinafter the General Conditions) applicable to the relations between NODALBLOCK, SL, (hereinafter, NODALBLOCK) and any USER that is register on the Platform as well as any CLIENT who contracts its services through the website https://www.nodalblock.com/es/ (hereinafter, the Web).

The General Conditions are those contained in the following clauses of this document and will be applied directly: i) to any USER that registers in the Platform, and ii) to the contracts that are concluded between NODALBLOCK and Any CUSTOMER, therefore, the General Conditions will be an integral part of the contracts concluded between NODALBLOCK and the CLIENTS.

Notwithstanding the foregoing, the various conditions that result or that are consigned in the contracts or in the corresponding attachments will prevail over the General Conditions in those extremes in which they are expressly divergent.


3. DEFINITIONS

For the purposes of these General Conditions, the following shall be understood:

1) .- NODALBLOCK: NODALBLOCK, S.L.U., which is a company specialized in providing trusted services, a trusted third party, through Blockchain technology.

The NODALBLOCK contact data is as follows:

2. Website link: https://www.nodalblock.com/es/

3. Contact email: info@nodalblock.com.

4. Contact telephone number: 910005648

2) CUSTOMER: any individual or legal entity, public or private, that enters into a Contract with NODALBLOCK, through the Platform In any case, in order to be a CLIENT, the condition of USER must be previously acquired and then the Digital ID complying the procedure for that purpose designed.

3) USER: any individual or legal entity, public or private, that registers in the Platform, through or not the Web, completing the Registration Form and accepting these General Conditions.

4) AUTHORIZED USER: natural or legal person that already has the status of USER and to which the CUSTOMER has authorized to send electronic communications, with or without an electronic document, to one or more DESTINATORS through the Platform.

The AUTHORIZED USER must obtain his Digital ID to be able to interact in the Platform.

5) RECIPIENT: any individual or legal entity, public or private, to whom any electronic communication is addressed, with or without an attached electronic document, which the CLIENT intends to send or an AUTHORIZED USER through the Platform.

6) SIGNATURE: any RECIPIENT to whom a CUSTOMER or an AUTHORIZED USER remits a contract for its signature, through the service of Digital Signature of Contracts with Blockchain and, finally, signs said contract.

The FIRMAN, prior to the issuance of its electronic signature, must obtain its Digital ID and subscribe the contract using said Digital ID.

7) Digital ID: set of data that allows to establish the identity of a CUSTOMER, an AUTHORIZED USER or a SIGNATOR, through the necessary identification evidences that the USER contributes once he / she is registered in the Platform and that he / she is they demand in the procedure for that purpose designed.

8) Platform: multi-device online platform, based on Blockchain technology, owned by NODALBLOCK that, through the software developed, allows the certification and validation of the documents and identities necessary to provide security and confidence in commercial relations, as well as your digital file.

9) Contract: it is understood both the contract, successive execution and on demand, rendering of the Services subscribed between NODALBLOCK and the CLIENT, as well as the Blockchain as a Service contract signed between both parties.

The Contract will be governed both by the Particular Conditions detailed therein (the Particular Conditions) and by these General Conditions, forming all of them an integral part of the Contract.

10) Services: the services offered by NODALBLOCK to the CLIENTS described briefly in section 5 below of these General Conditions and whose detail is included in the Platform.


4. DIGITAL ID

With the Digital ID the USER will be able to hold all or any of the following positions: CLIENT, AUTHORIZED USER or SIGNED, and will have a portable electronic document that will allow him to access the Platform in a secure way to interact through the same.

Once a USER has obtained his Digital ID, which will be exclusive and unique to each CUSTOMER, AUTHORIZED USER or SIGNED, he will only be able to interact in the Platform through his Digital ID.

To obtain your Digital ID, the USER must complete each and every one of the requirements that are required in the procedure for that purpose.

The generated Digital Id has the status of very personal and non-transferable, so that the CLIENT, AUTHORIZED USER or SIGNATOR can not assign it to third parties, totally or partially, and will be solely responsible, both for its custody and guardianship, as well as for any action taken with your Digital ID.


5. SERVICES

NODALBLOCK in its capacity as Trusted Service Provider offers the following Services:

1º.- CERTIFICATION AND VALIDATION OF DIGITAL FILES.

A service for the issuance of unqualified electronic time stamps is provided.

With this Service, the CLIENT can store any digital file in the Platform and certify said files in blockchain. This process allows the CUSTOMER to validate the file at any time, obtaining a certificate with the cryptographic codes (Hash), a time stamp when it was uploaded to blockchain and the number of nodes that have validated the transaction.

On the NODALBLOCK platform, the CUSTOMER can upload any file, download it and issue the certificates they want, validating the original document saved, thus obtaining probative evidence of existence and content. In addition, the CLIENT may show that the document that was uploaded at the time is the one that downloads. It can not be any other, because of the double encryption systems with the SHA-256 algorithm.

2nd. DIGITAL SIGNATURE OF CONTRACTS WITH BLOCKCHAIN.

The digital signature system of contracts with blockchain is a service by which from a single RECIPIENT to N RECIPIENTS, they can sign in a safe, comfortable way, any type of document, contract, record or manifest. The CLIENT who proposes the contract, incorporates the document to be signed and the addresses of the emails of the ADDRESSEES.

Each of the ADDRESSEES will receive a communication to their email address, which will take them to the signature area. In order to have the status of SIGNED, the RECIPIENT must, if not, register with the Platform, acquiring the status of USER and subsequently acquire the corresponding Digital ID to be SIGNED.

Once all the parties have signed, the system will certify in Blockchain the document or contract, along with the electronic signature of all the SIGNATORS (providing proof of content and existence of document and Digital IDs), and all the participants can obtain the contract certificate together with the electronic signatures involved in the operation.

3º.- CERTIFIED ELECTRONIC COMMUNICATIONS AND CERTIFICATIONS.

An unqualified service of certified electronic delivery is provided.

The notification and certification system of electronic communications with blockchain is a service by which the CUSTOMER sends a document to all the DESTINATARIES that he wishes. The CLIENT through his Digital ID incorporates the document to be communicated and the mails of the ADDRESSEES. Each of the recipients receives a communication to their mail. Once the document has been submitted, the system certifies in Blockchain the content and each of the events that occur, such as the delivery or delivery failure, the authentication of each recipient to receive notification and response.


6. REGISTRATION OF USERS.

In order to use the Services as a CLIENT, an AUTHORIZED USER or a SIGNED PERSON, any public or private person or legal entity must register in advance in the Platform to acquire the status of USER, for which purpose they must complete the Registration form placed at your disposal on the Platform.

Every USER must have the majority age (in Spain, it is understood by a sufficient majority, the age of 18 years) at the moment of completing the Registration Form. Exceptionally, emancipated minors with sufficient legal capacity for the action in question may have the status of USER.

To finalize the registration, the acceptance of these General Conditions as well as the current Privacy Policy will be required.

Once the registration has been made, the USER will be able to obtain his Digital ID through the procedure for that purpose and, from that moment on, he will only be able to access the Platform with his Digital ID.

Each CUSTOMER, AUTHORIZED USER or SIGNATOR shall be responsible for safeguarding and safeguarding their Digital ID and, where applicable, their passwords, with due diligence, all in order to prevent them from being known by third parties and, consequently, used without your consent. In this sense, the CLIENT, AUTHORIZED USER or SIGNATOR shall be solely responsible for adopting the measures deemed most appropriate in order to guarantee the confidentiality of their Digital ID and passwords and thus avoid fraudulent use thereof.

NODALBLOK will not be liable to the USER or to third parties for possible damages, direct or indirect, that may suffer due to fraudulent use of your Digital ID and / or your passwords by unauthorized third parties . The USER who considers that his Digital ID and / or his passwords have been known by third parties without his authorization, undertakes to change them as quickly as possible or to communicate this fact to NODALBLOCK so that he may proceed to modify it.


7. RECRUITMENT OF SERVICES.

7.1. PROCESS OF RECRUITING SERVICES AS A CLIENT.

For the contracting of NODALBLOCK Services, as indicated in the previous sections, it is necessary that the CLIENT has previously registered in the Platform as USER and has his Digital ID.

The CLIENT, interacting with his Digital ID, must re-accept, prior to contracting the provision of the Services and expressly the General Conditions, and the Privacy Policy at the appropriate time that will be indicated on the Platform .

Once accepted the General Conditions, the CUSTOMER will receive through the Platform a Contract proposal that will constitute a binding offer for NODALBLOCK and that will remain as such for a maximum period of 24 hours.

If the CUSTOMER accepts the contract proposal within the term, the Contract will be perfected, which will be integrated by the Particular Conditions and the present General Conditions.

At the time of acceptance, the CLIENT must indicate their billing information, as well as make a First Prepayment for the amount detailed in the Contract, within the Particular Conditions.

Once the acceptance is received, NODALBLOCK will confirm to the CUSTOMER the reception of said acceptance by sending an acknowledgment of receipt by electronic mail or any other means of electronic communication equivalent to the email address that the CLIENT has indicated, within the maximum period of the 24 hours following receipt of the acceptance, with a link to the Contract and the General Conditions, so that it can be filed, if desired.

7.2. REQUIREMENTS FOR THE CONTRACTING OF SERVICES.

In order to hold the CLIENT status of NODALBLOCK and to be able to enter into the Contract, the CUSTOMER must have the majority age (in Spain, it is understood by a sufficient majority, the age of 18 years) at the time of contracting. Any Contract signed by minors of that age will not be valid, unless it is an emancipated minor with sufficient legal capacity for the action in question.

In the event that NODALBLOCK detects on any occasion that a minor has entered into the Contract, the cancellation and refund of the price paid will be automatically made, if applicable.

If a USER detects that a minor has hired any of the Services offered by NODALBLOCK through the Web, he will communicate it with as many details as possible and as soon as possible to the email address info@nodalblock.com.

That is a person of legal age and with capacity to contract.

That you have read, understand in all its terms and accept these General Conditions.

7.3. PRICE OF THE SERVICES AND FORM OF PAYMENT.

The CLIENT will be informed of the price of the services contracted during the contracting process on the Web, and prior to the issuance of their acceptance.

The Services are offered through a Pay-Per-Use model. The hiring formula will be prepaid in such a way that the CLIENT will pay in advance the amount he deems appropriate and this amount will entitle him to request the provision of any of the Services in accordance with the prices established for each one of them and with the conditions of each Service. Once the amount paid has been exhausted, as a consequence of contracting one, several or all of the Services, the CLIENT must make a new subscription to continue contracting any of the Services, and so on.

Likewise, NODALBLOCK will send the corresponding invoice to the email address indicated by the CLIENT.

The prices of each Service will appear on the Platform and will be final prices, which may vary depending on the offers, packs and / or discounts associated with each Service and that will be published on the Platform.

The final price for each one of the service modalities contracted, will also depend on the Value Added Tax (VAT) applicable to the CLIENT.

Under Law 28/2014, of November 27, which modifies, among others, Law 37/1992, of December 28, on Value Added Tax, and by virtue of the provisions of the rules of location introduced in Directive 2006/112 / CE by Directive 2008/8 / CE, of February 12, 2008, will take into account the domicile or habitual residence of the CLIENT in the provision of electronic services.

During the process of contracting the service, the CLIENT will be informed of the amount corresponding to this VAT.

Prices may be revised and modified at any time by NODALBLOCK, which will be updated and may be consulted by the CLIENT on the website https://www.nodalblock.com/es/.

7.4. SERVICE DURATION.

The provision of the contracted Service will always be during the term established in the particular conditions of the Service in question. In the event that the CUSTOMER decides to withdraw from the Service contracted without just cause and, before its expiration, the provisions of the particular conditions of said Service will be met.


8. ACCEPTANCE OF THE GENERAL CONDITIONS OF CONTRACTING AND USE

8.1. ACCEPTANCE BY THE USER.

In accordance with the provisions of Law 34/2002, of July 11, on services to the information society and electronic commerce, the confirmation of the Registry in the Platform as USER will be made by activating the "I accept the General Conditions "that will appear before the USER proceeds definitively to its registration as USER.

Once the USER accepts the General Conditions expressly, NODALBLOCK will send an email to the address provided by him with a link to them, so that he can archive them, if he so wishes.

In case the USER had any problem with their contact information or any other situation that could affect their USER profile, they should contact NODALBLOCK, through the Contact Form or through the email info @ nodalblock.com

8.2. ACCEPTANCE BY THE CUSTOMER.

In accordance with the provisions of Law 34/2002, of July 11, on services to the information society and electronic commerce, prior to the signing of the Contract, the CLIENT must accept these General Conditions by means of the activation of the button "I accept the General Conditions of Contract" that will appear before the CUSTOMER proceeds definitively to the hiring.

In virtue of the foregoing, the CLIENT may read and / or download the General Conditions, and inform himself of the Services through his description in the Platform. With the activation of the aforementioned button, the CUSTOMER will express the acceptance of each and every one of the General Conditions shown by NODALBLOCK and always before signing the Contract.

The acceptance of the current Privacy Policy will also be required.

Any service offered subsequently by NODALBLOCK and, which was not initially contracted by the CUSTOMER, must be subject to a new contract by the CUSTOMER, and must validate and accept the General Conditions in force at that time.

In the event that the CLIENT had any problem with his contact information, billing, or any other situation that could affect his profile of CLIENT, USER or contracting the Services, the CLIENT should contact NODALBLOCK, at through the Contact Form or through the email info@nodalblock.com.

Likewise, the CLIENT may authorize NODALBLOCK during the process of contracting the Services, so that it communicates to the email address provided, any offer, promotion or information that may be of interest to the CLIENT.

8.3. MODIFICATION OF THE GENERAL CONDITIONS.

NODALBLOCK reserves the right to make changes and / or modifications to these General Conditions, when it deems convenient or necessary under market conditions or legal requirements, according to the regulatory changes that may occur and should be applied.

The updates or modifications will be informed, communicated and notified to the USERS and the CLIENTS, always guaranteeing the publicity and transparency, as well as respecting the rights of the consumers and / or users thereof.

The CUSTOMER or USER will have a period of 14 calendar days from the date of notification of updates or modifications to cancel, at no cost, the relationship he maintains with NODALBLOCK.

8.4. NULLITY OF THE CLAUSES OF THE PRESENT GENERAL CONDITIONS.

In the event that any clause of these General Conditions is declared void, the other clauses will remain in force and will be interpreted according to the will of the parties and the purpose of these conditions.


9. RESPONSIBILITIES.

9.1. RESPONSIBILITIES OF THE CLIENT / USER.

1. THE CUSTOMER will be entitled to the provision of any of the Services included in the Contract signed by him.

2. THE CUSTOMER undertakes to pay the amount for the Service requested with the corresponding VAT, according to the rates in force at the time of contracting.

3. THE CLIENT and any USER undertake, respectively, to maintain their respective computer supports essential for the provision of the Services.

4. THE CUSTOMER and any USER is responsible for the proper use of the Services, expressly agreeing to avoid an illicit use of the Services offered through the Platform, without contravening the current legislation, or injuring the rights and interests of third parties.

5. The CLIENT and the USER are responsible for the use of their profiles, their Digital IDs and, if applicable, passwords to access the Platform or any other that may be required, committing to make an appropriate use of them, and not to make them available to third parties, as well as to communicate to NODALBLOCK the loss or theft of the same or of the possible access by an unauthorized third party, in such a way that NODALBLOCK can proceed to the immediate blockade.

6.- Each USER, whether or not CLIENT, is responsible for the legality of the contents included in the documents that he sends or in the communications he makes through the Platform, refraining from inserting any obscene texts, images, sounds or messages, racist, xenophobic, violent, defamatory, discriminatory or others that, in any way, involve an injury to a legal right worthy of legal protection.

7.- Each USER, whether or not CLIENT, must abstain from any harmful practices of rights of third parties that may be made using the Platform and, in particular and in a non-exhaustive manner, the following:

i) The cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.

ii) The collection and / or use of personal data of other users without their express consent or in contravention of the provisions of Organic Law 15/1999, of December 13, on Data Protection.

iii) Framing, meta-tagging, deep-link or any other similar.

iv) The use of the Platform for the purposes of spam, mail bombing, phishing, escrow, fraud, scam 419, pharming, virus spreading (Trojans, worms, etc.), or any other type of activity carried out with sabotage, fraudulent or criminal.

8. If the CUSTOMER is a legal person, he must inform his users or clients of the use of this Platform and the treatment that will be carried out with it, exonerating NODALBLOCK from the obligations that correspond to compliance with the regulations of data protection when it is understood that said CLIENT is directly responsible for said treatment.

9. The breach of any of these General Conditions by the CUSTOMER will entitle NODALBLOCK to cancel the Contract subscribed as well as not to respond to requests for action issued in relation to any of the Services, without notice. and without the CLIENT having the right to claim any type of compensation.

10. The breach of any of the present General Conditions by a USER, whether or not CLIENT, will entitle NODALBLOCK to cancel the Platform, without prior notice and without the USER having the right to claim any type of compensation.

9.2. RESPONSIBILITIES OF NODALBLOCK.

1. Provide the Services in the manner and according to the characteristics offered through the Platform and the provisions of these contracting conditions in response to the services contracted.

2. Adopt the appropriate security measures, protecting the confidentiality of the data of all USERS.

3. Comply with the provisions of the particular conditions of each Service offered.

4. NODALBLOCK is committed to solve problems that may arise as long as the problem or failure is due solely and exclusively to a problem in the NODALBLOCK system, offering in this case all the necessary support to the CLIENT or the USER to solve the incidence caused.

In an exhaustive and non-exhaustive way, NODALBLOCK will not be liable in any case for any direct or indirect damage, including the loss of profits or data, loss of business expectations ... in the cases of:


10. DATA PROTECTION.

Regarding the protection of personal data NODALBLOCK strictly complies with the obligations set out in Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, regarding the protection of natural persons in the regarding the processing of personal data and the free circulation of these data (hereinafter RGPD), and other applicable regulations.

In the above sense, the provider makes available to users the current Privacy Policy informing users about the following aspects:


11. INTELLECTUAL AND INDUSTRIAL PROPERTY.

11.1. WEB AND PLATFORM.

Both the Website and the Platform including, but not limited to, its programming, software, editing, compilation and other elements necessary for its operation, designs, logos, text and / or graphics, and specifically industrial property rights of the trademark "Nodalblock", are the property of NODALBLOCK or, if applicable, have a license or express authorization by the authors, and are duly protected by the rules of intellectual and industrial property.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and marketing, requires in all cases prior written authorization from the provider. Any use not previously authorized by NODALBLOCK will be considered a serious breach of the intellectual or industrial property rights of the author.

The designs, content, images or direct logos of the company are owned by NODALBLOCK or by individuals or companies that have expressly authorized NODALBLOCK to publish them; or they are subject to licenses that allow NODALBLOCK to make an adequate use of these materials.

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The CLIENT expressly accepts, by accepting these General Conditions, that NODALBLOCK may use its data and corporate image (logo) as a NODALBLOCK CLIENT in the different means of promotion that it uses to present its Services for the purpose of third parties, such as web pages and / or blog, social networks, catalogs and / or corporate brochures, among others, engaging NODALBLOCK, to treat them respecting, at all times, the right to honor and brand image of the CLIENT.


12. APPLICABLE LEGISLATION, PLACE OF CELEBRATION OF THE CONTRACT AND JURISDICTION.

12.1. APPLICABLE REGULATIONS.

The General Conditions are governed by Spanish legislation. In the event that the USER acts in his own name in his capacity as an individual, these General Conditions will apply in all cases and, if applicable, the provisions of the regulations relating to the defense and protection of consumers and users.

12.2. PLACE OF CELEBRATION OF THE CONTRACT.

For the determination of the place of celebration of the service provision contract to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on the services of the information society and electronic commerce, according to which:

Contracts entered into electronically in which a consumer participates as a party shall be presumed to be celebrated in the place where he has his habitual residence. Electronic contracts between employers or professionals, in the absence of a pact between the parties, shall be presumed to be held at the place where the service provider is established (NODALBLOCK).

12.3. JURISDICTION.

In the event of any conflict or discrepancy in the interpretation or application of these General Conditions, the Courts and Tribunals that, as the case may be, will be informed of the matter, will be those established by the applicable legal regulations in matters of competent jurisdiction.


13. WITHDRAWAL.

The CLIENT may desist at any time from continuing his contractual relationship with NODALBLOCK, for which it will be sufficient for him to send an email to Info@nodalblock.com exercising his right of withdrawal and requesting the withdrawal of the Platform.

Once the first prepayment has been made and the Contract accepted, the CLIENT will have a period of 14 calendar days to withdraw with the right to a refund of the amount paid (after deduction of the cost of the Services he has used). After that period of 14 calendar days, you can withdraw at any time, but no refund will be returned to you that you have paid and that at that time has not been arranged.

Any USER may unsubscribe at any time from the Platform, for which it will be sufficient for him to send an email to Info@nodalblock.com and request the removal of the Platform.


14. GENERAL FORECASTS.

14.1. LANGUAGE.

The General Conditions will be written in the following languages: Spanish (Spanish) and English.

When registering, the USER must choose, from among those offered, the language in which he wishes to communicate with NODALBLOCK, this being the language with which in the future relations will be maintained and in which all are written. the documents that must be available to the USER, as in the case of these General Conditions, the Privacy Policy, the Legal Notice, the information about the Services, the Particular Conditions of the Contracted Services ...

The USER may, at any time, modify the chosen language by communicating it to the email address info@nodalblock.com. Said communication will only produce effects in relation to the relations subsequent to it, but it will not affect the relations maintained previously.

14.2. ARCHIVE OF ELECTRONIC COMMUNICATIONS AND ELECTRONIC DOCUMENTATION.

NODALBLOCK will keep a copy of all the electronic communications exchanged between the USER, whether or not CLIENT, and NODALBLOCK, duly filed on a cloud server.

NODALBLOCK will keep a copy of the contracts signed between the CLIENT and NODALBLOCK on a cloud server, which will be available to the CLIENT through the link that NODALBLOCK sends by email with confirmation of acceptance.

14.3. LEGAL POLICIES.

These General Conditions are complemented by the rest of the legal policies established on the website, such as the Legal Notice, Privacy Policy and Cookies, as well as any other that, in the future and in accordance with the regulations at each applicable time, must be established.