Terms & Conditions
A LEGAL DISCLAIMER
Welcome to our Terms and Conditions of Use. The Terms and Conditions of use are important and affect your legal rights, so we recommend you read them carefully, as well as our Privacy Policy and other terms mentioned in this document.
1. Introduction
Thank you for choosing XKELET ("XKELET", "we", "us", "our"). By registering or otherwise using XKELET service, websites and software applications (collectively, the "XKELET service" or "Service") or by accessing any content or material that XKELET publishes through the Service ( The "Content"), is entering into a binding agreement with the XKELET company specified at the end of this document.
The use of the XKELET service depends on different technical requirements.
Your contract with us consists of these Terms and Conditions of Use ("Terms") and our Privacy Policy.
(Terms, Privacy Policy and other terms you accept, as set forth in the "Full Contract" section, will hereinafter be referred to as "the Contracts.") If you wish to review the terms of the Contracts, you may find the current version of The Contracts on the XKELET website. Confirm that you have read and understand the Contracts, that you accept these Agreements and that you will comply with them. If you do not agree with the Contracts, or can not comply with them, do not use the XKELET service or its content.
Read the Contracts carefully. They include important information about the XKELET services we provide you, as well as information about charges, taxes and fees that we will charge you. Contracts include information on future changes to the Contracts, export controls, automatic renewals, limitation of liability, private information, a class action waiver, and dispute resolution through arbitration rather than court.
Any information you provide during the registration process may modify it during the same process; To do so, you must return to the previous screens and modify the wrong data.
In order to use the XKELET service and access its Content, you must be (1) 18 years or older, (2) able to enter into a binding contract with us and that no law in force prevents you from doing so, and (3) Country that provides the Service. In addition, you must ensure that all registration information you provide to XKELET is truthful, faithful and complete, and you accept that it will be so at all times.
If you are in any of the following countries, refer to the following table for country-specific age restrictions:
2. Changes in Contracts
Occasionally and at our discretion, we may implement changes to the Contracts. If we implement significant changes in the Contracts, we will notify you in a way that we deem most appropriate; For example, we will display a prominent notice on the Service or send you an email. In some cases we will notify you in advance, and your continued use of the Service once the changes are implemented will constitute your acceptance of the changes. Therefore, be sure to read the notice carefully. If you do not wish to continue using the Service under the new Contract, you may terminate the Contracts and contact us through the Customer Service contact form.
3 Tests
From time to time, we may offer, or otherwise offer on our behalf, subscription proofs paid for a certain time (a "Proof"), but you will not have to pay or pay a reduced fee.
XKELET reserves the right, in its sole discretion, to determine its eligibility to receive a Test and, subject to applicable laws, to withdraw or modify a Test at any time, without prior notice and without liability, to the extent that it Allow the law. For some Tests, we will ask you to provide payment information at the beginning of the Test period. AT THE END OF THE TEST, WE MAY BEGIN TO AUTOMATICALLY CHARGE YOU FOR THE SUBSCRIPTION PAID CORRESPONDING ON THE FIRST DAY AFTER ENDING THE TEST PERIOD and MONTHLY. BY PROVIDING THE PAYMENT DATA IN THE PROOF, YOU ACCEPT THE CHARGE OF THE POSITION. IF YOU DO NOT LIKE TO BE PAID, YOU MUST CANCEL THE SUBSCRIPTION PAID CORRESPONDING THROUGH THE XKELET ACCOUNT SUBSCRIPTION PAGE OR CLOSE YOUR XKELET ACCOUNT BEFORE YOU FINISH THE PROOF. IF YOU DO NOT WISH TO BE FOLLOWED BY A MONTHLY CHARGE, YOU MUST CANCEL THE SUBSCRIPTION PAID CORRESPONDING THROUGH THE XKELET ACCOUNT SUBSCRIPTION PAGE OR CLOSE YOUR XKELET ACCOUNT BEFORE YOU FINISH THE CURRENT MONTH. PAYMENT SUBSCRIPTIONS CAN NOT BE CANCELED BEFORE THE PERIOD YOU HAVE PAID AND, EXCEPT AS PROVIDED IN THESE TERMS, XKELET WILL NOT REFUND ANY TARIFF YOU HAVE PAID
THE LIMITATIONS SECTION PROVIDES ADDITIONAL TERMS ON THE CANCELLATION OF THE SUBSCRIPTION PAID.
4. Rights we grant you
The XKELET service and its Content are owned by XKELET or the XKELET licensors. We grant you a limited, non-exclusive, revocable license to use the XKELET service, and a limited, non-exclusive, revocable license to make personal use and non-commercial use of the Content (the "License"). This License will be valid until or unless you or XKELET cancel it. You declare and agree that you will use the Content for personal, non-commercial purposes and that you will not redistribute or transfer the XKELET service or its Content.
XKELET software applications and all Content are licensed, not sold, and XKELET and its licensors retain ownership of all copies of XKELET software applications and their Content, even after installing them on your computer Personal, mobile device, tablet and any other similar device ("Devices").
All XKELET trademarks, service marks, trade names, logos, domain names and any other features of the XKELET brand ("XKELET Brand Features") are the exclusive property of XKELET and its licensors. The Contracts do not give you any right to use the XKELET Brand Features for commercial or non-commercial purposes.
You agree to respect our User Guidelines and not to use the XKELET service, its Content or any other part included in this document in any way that is not expressly authorized by the Contracts.
Except for the rights expressly granted to you by these Agreements, XKELET does not grant you rights, titles or interests in the XKELET service or its Content.
5. Third-party applications
The XKELET service is integrated with applications, websites and third-party services ("Third-party applications") to make available content, products or services. These Third Party Applications may have their own terms and conditions of use and privacy policies, and the use of these Third Party Applications will be governed by such terms and conditions and privacy policies, and will be subject to these. You understand and agree that XKELET does not endorse or be responsible for the behavior, characteristics or content of the Third Party Applications or any transactions you may make with the provider of such Application
6. User generated content
XKELET users may upload or contribute ("post") content to the Service (which may include, for example, photos, texts, messages, information, 3D scanners and other content) ("User Content"). For the avoidance of doubt, the "User Content" is any content that is published in the XKELET community and in any other section of the XKELET service.
You agree that, with respect to the User Content you post on XKELET, (1) you have the right to post any User Content, and (2) that such User Content or its use by XKELET, as contemplated in the Contracts, does not constitute A violation of these Contracts, current law, intellectual property (including, copyright), publicity, personality or other rights, nor does it imply affiliation or adherence to you or your User Content by XKELET or any Entity or person without the written consent of said person or entity.
While not required to do so, XKELET may monitor, revise or edit User Content. In all cases, XKELET reserves the right to remove or cancel access, without any reason, to User Content that, in XKELETs opinion, violates these Agreements. XKELET can take these steps without notifying you or others in advance. The removal or cancellation of access to your User Content will be at our discretion, and we do not affirm that we will remove or cancel access to any specific User Content.
You are solely responsible for all User Content. XKELET will not be responsible for any opinions included in any User Content, nor will it endorse these opinions. YOU AGREE THAT IF SOMEONE MAKES A CLAIM AGAINST XKELET RELATED TO THE USER CONTENT THAT YOU PUBLISHED, YOU, TO THE EXTENT PERMITTED BY LOCAL LAW, INDEMNIFY AND EXPOSE XKELET AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE COSTS AND FEES OF ATTORNEY) THAT COULD ARISE FROM SUCH CLAIM.
7. Rights you grant us
Subject to the rights we have given you under the Contracts, you grant us the following rights: (1) to allow the XKELET Service to use the processor, bandwidth, and storage hardware of your device to facilitate operation Of the Service, (2) provide you with advertising and other information, and (3) allow our business partners to do the same. In any part of the XKELET service, the Content that you see, even in this selection and location, may be affected by commercial issues, which include contracts with third parties.
If you provide comments, ideas or suggestions to XKELET related to the XKELET service or its Content ("Comments"), you accept that the Comments are not confidential, and authorize XKELET to use them without restrictions and without requesting a payment. Comments are a type of User Content.
You grant XKELET a non-exclusive, transferable, sublicensable, royalty-free, indefinite license (or in those jurisdictions that do not allow it, for a period of equal duration as these Contracts, plus twenty (20) years), irrevocable, fully paid And Universal to use, reproduce, make available to the public (eg, create or display), publish, translate, modify, create derivative works and distribute any User Content related to the Service by any means, Alone or combined with other content or material, in any way and by any means, method or technology, whether existing or believed in the future. In addition to the rights specifically granted herein, you retain ownership of all rights, including property rights, of the User Content. If applicable and permitted by law, you also agree to waive any "moral right" (or its equivalent under applicable law), such as your right to be identified as the author of the User Content, including Comments, and your Right to object to the derogatory treatment of said User Content.
8. User Guidelines
XKELET respects the intellectual property rights and expects you to do the same. We have established some basic rules that you must respect when using the Service so that XKELET remains pleasing to all.
Respect these rules and encourage others to do so. The following actions are not allowed under any circumstances:
- Copy, redistribute, rip, record, transfer, display to the public, transmit or make available to the public any part of the XKELET service or its Content, or use the XKELET service or its Content in any way other than Is expressly permitted by virtue of these Agreements or the law in force or that in any way infringes the intellectual property rights of the XKELET service or its Content or any part thereof.
- Use the XKELET service to import or copy local files that you do not have the right to import or copy in this way.
- Transfer copies of Cache Content from an authorized device to another device by any means.
- Use reverse engineering, decompile, disassemble, modify or create derivative works based on the XKELET service, its Content or any part thereof, unless permitted by law.
- Evade any technology used by XKELET, its licensors or third parties to protect the Content or the Service.
- Sell, rent, sublicense or lease any part of the service or its Content.
- Avoid territorial restrictions imposed by XKELET or its licensors.
- To remove or alter any copyright, trademark or intellectual property notice included in the XKELET service or provided through it (in order to hide or modify the indications of ownership or the source of the Content).
- Provide your password to another person or use the username and password of another person.
- "Trace" the XKELET service or use automated means (such as bots, scrapers and spiders) to collect XKELET information.
- Sell a user account or accept any compensation or monetary payment or similar to modify the name of an account or the content of any account.
Respect XKELET, Content owners and other XKELET service users. Do not participate in activities, publish User Content, or register or use a username that has the following characteristics or includes material with these characteristics: - It is offensive, abusive, defamatory, pornographic, threatening or obscene.
- It is illegal, it is intended to promote or commit an illegal act of any kind, including infringements of intellectual property rights, privacy rights, or property rights of XKELET or a third party.
- Include your password or intentionally include the password of another user or the personal data of third parties, or aims to request such personal data.
- Includes malicious content such as malware, trojans or viruses, or otherwise prevents a user from accessing the Service.
- It is intended to harass or intimidate other users..
- Usurpa or misrepresents its affiliation with another user, person or entity, or is otherwise fraudulent, false, misleading or erroneous.
- Uses automated means to promote fictitious content.
- Involves the transmission of unwanted bulk mail or other forms of mass mail (junk mail), junk mail, chain messages or similar items, even through the XKELET inbox.
It includes commercial or sales activities, such as advertisements, contests, sweepstakes or pyramid schemes, which are not expressly authorized by XKELET.
- Includes links to references or otherwise promote commercial products or services, unless expressly authorized by XKELET.
- Interferes with the XKELET service or in any way harms, manipulates, violates or attempts to investigate, exploit or examine vulnerabilities in the Service or in XKELET computer systems or networks, in the usage rules or in any security component, measure Of authentication of XKELET or any other security measure corresponding to the Service, the Content or a part of this.
- It conflicts with the Contracts, as determined by XKELET.
You understand and agree that posting such User Content may result in termination or immediate suspension of your XKELET account. You also agree that XKELET may claim your username for any reason.
Be wary of using the XKELET service and what you share in it. The XKELET service includes social and interactive features, including the ability to post User Content, share content and make certain information publicly available. Remember that public or shared information can be used or shared by other users on XKELET or on the web, so we recommend that you use XKELET with caution and account settings for your account. XKELET is not responsible for your decision to post material on the Service.
Your password protects your user account, and you are solely responsible for ensuring that it is secure and secret.
You understand that you are responsible for the use made of your username and password on the Service. If you lose or steal your username or password, or if you believe someone has accessed your account without authorization, notify us immediately and change your password as soon as possible.
9. Violation and reporting of user content
XKELET respects the rights of intellectual property owners. If you believe that any Content violates your intellectual property rights, please see the XKELET Copyright Policy. If the copyright holder notifies XKELET that any content infringes a copyright, XKELET may, in its sole discretion, take action without first notifying the provider of such Content. If the provider believes that the content does not imply a violation, you can send a counter-notification to XKELET and request that they restore the deleted content.
If you believe that any Content does not comply with the User Guidelines, please complete our notice form.
10. Limitations and modifications of the Service
XKELET will make every effort to ensure that the XKELET service is always in operation. However, occasional technical or maintenance difficulties may cause the Service to be temporarily interrupted. To the extent permitted by law, XKELET reserves the right to modify or suspend, periodically and at any time, whether permanently or temporarily, XKELET functions and features, with or without notice, without obligation to you , Except as prohibited by law, for any interruption, modification or interruption of the XKELET service, or for any function or feature thereof. Notwithstanding the foregoing, if you have made an advance payment of fees for paid subscriptions that XKELET will permanently suspend before the end of the prepayment period (defined in the Payments, cancellations and reflection period), XKELET will refund the amount already paid The prepayment period after such cancellation.
You understand and agree that XKELET is under no obligation to maintain, provide support, update or improve the Service, or provide all or part of the Service through the Service. This section will be implemented to the extent permitted by law. XKELET and the owners of the Content may sporadically remove any Content without prior notice to the extent permitted by law.
11. Brand Accounts
If you create a XKELET account in the name of a company, organization, entity or brand (a "Brand", and such account is called a "Brand Account"), the terms "you" and "yours", as used in Contracts, refer to you and the Brand, as applicable.
If you open a Trademark Account, you represent and warrant that you are authorized to grant all the licenses and licenses stipulated in these Contracts and to force the Trademark to comply with them.
11.1 Tracing
The Brand may only track users who first followed the Brand, and may not take any action involving an adhesion or a relationship between the Brand and the user being followed, unless the Brand has obtained in a manner Independent of the rights to insinuate said adhesion. If XKELET requests it, in its sole discretion, a trademark must stop following a user.
12. Customer Support
To receive customer support on payment and account issues ("Customer Service Inquiries"), send an incident to the Customer Service department using the Customer Care contact form found in the "About Of "on our website. We will do our best to respond to all customer service inquiries within a reasonable time, but we can not guarantee or guarantee that we will respond to certain inquiries within a specific time frame or that we will be able to respond to all inquiries satisfactorily.
13. Export control
XKELET products are subject to export and re-export control laws and regulations of the European Union or to similar laws in force in other jurisdictions, agree to comply with all export control and re-export regulations and laws, and trade and economic sanctions Of international treaties contain. You specifically agree that you will not perform the following actions, either directly or indirectly: selling, exporting, re-exporting, transferring, diverting, or disposing of products, Software or technology (including products derived from such technology) received from XKELET under these Agreements, to any destination, entity or person prohibited by the laws or regulations of the European Union or any other jurisdiction, without The prior authorization of the competent governmental authorities, as stipulated by said laws and regulations. This export control clause will remain in force beyond the termination or cancellation of these Agreements.
14. Payments, cancellations and reflection period
Paid Subscriptions can be purchased through a monthly subscription fee. The Subscription paid will end automatically at the end of the Payment Period, or when the balance of the advance payment is not enough to pay for the Service.
By registering for a paid or trial subscription, you authorize access to the XKELET Membership Service immediately. By subscribing to any XKELET monthly payment service.
Unless you have purchased the Subscription paid as if it were an Early Payment Period, the payment you made to XKELET will be automatically renewed at the end of the subscription period, unless you cancel the Subscription paid through the enrollment page before End the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be transferred to the Free Service category. However, if you cancel the payment or the Subscription paid or any of the Contracts before the end of the current subscription period, we will not refund the subscription amounts already paid.
In the case of the generation of commands related to the production of the immobilizations, once the order is generated the user can proceed to its cancellation.
XKELET may periodically change the price of paid Subscriptions, the Prepayment Period (for periods not yet paid), and inform you of any changes you make to prices in advance and, if applicable, how to accept those Changes. Price changes for Paid Subscriptions will take effect at the beginning of the next subscription period after the date of the price change. To the extent permitted by local law, if you continue to use the XKELET service after the price change takes effect, it will constitute an acceptance of the new price. If you do not agree to the price change, you have the right to refuse the change and cancel the subscription to the XKELET service before the price change takes effect. Therefore, be sure to read the price change notice carefully.
15. Limitations
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF PROBLEMS OR DISSATISFACTION WITH THE XKELET SERVICE IS TO UNINSTALL THE XKELET SOFTWARE AND TO DISCONTINUE USING THE SERVICE. EVEN IF XKELET ASSUMES NO RESPONSIBILITY FOR THE THIRD PARTY APPLICATIONS OR THE CONTENT OF THESE, AND EVEN IF ITS RELATIONSHIP WITH THOSE THIRD PARTY APPLICATIONS MAY BE REGARDED BY INDEPENDENT CONTRACTS HELD WITH THESE THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ITS SOLE REMEDY WITH RESPECT TO XKELET ANY PROBLEM OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR ITS CONTENT IS UNINSTALLING AND DISCONTINUING THESE APPLICATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XKELET, ITS AUTHORITIES, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES , (2) FOR LOSS OF USE, DATA, BUSINESS OR PROFIT (DIRECT OR INDIRECT), WHICH, IN ALL CASES, RESULT FROM USING OR CAN NOT USE THE XKELET SERVICE, THIRD PARTY APPLICATIONS, OR THE CONTENT OF THE APPLICATIONS OF THIRD PARTIES, REGARDLESS OF THE LEGAL FRAMEWORK, EVEN IF XKELET HAS ADVISED THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A POSSIBLE SOLUTION DOES NOT MEET YOUR ESSENTIAL PURPOSE, OR (3) THE SET OF RESPONSIBILITIES FOR ALL CLAIMS CONCERNING THE XKELET SERVICE , THIRD PARTY APPLICATIONS OR THE CONTENT OF THIRD PARTY APPLICATIONS BEYOND THE AMOUNTS THAT YOU HAVE BEEN PAID TO XKELET BEFORE THE TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMITTED BY LAW.
16. Third-party rights
If you downloaded the App Store from Apple, Inc. ("Apple") or if you use the app on an iOS device, you agree that you have read, understood, and agree to the following notice about Apple. This Agreement is between you and XKELET only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple is under no obligation to provide any maintenance and support services with respect to the Service. In the event that the Service fails to comply with the applicable warranties, you must notify Apple, and Apple will refund the applicable purchase price to you and, to the extent permitted by applicable law, Apple will not have any obligation Warranty on the Service. Apple is not responsible for claims made by you or third parties about the Service or your possession or use of the Service, which includes the following: (1) product liability claims, (2) any claims that the Service does not satisfy Subject to any legal or regulatory requirements, and (3) claims arising under consumer protection laws or similar legislation. Apple is not responsible for investigating, defending, remedying or eliminating third party claims that the Service and its possession and use of the application infringe the intellectual property rights of the third party. You agree to comply with all third party terms when using the Service. Apple and Apple subsidiaries are third-party beneficiaries of this Agreement, and by agreeing to this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary of this Agreement. You hereby represent and warrant that (1) you do not reside in a country that is subject to US government embargoes or that the US government has designated you as a "warranting country", and (2) that it is not included On any US government list of prohibited or restricted parties.
17. Full Contract
Except as provided in this section, or as expressly agreed in writing between you and XKELET, the Contracts constitute all terms and conditions agreed between you and XKELET, and supersede all prior agreements relating to the subject matter of these Agreements, and Whether verbal or written.
However, keep in mind that other aspects of using the XKELET service may be governed by additional contracts. Such as, for example, access to the XKELET service for a gift card or for free or discounted tests. When you receive an offer for those aspects of use, you will be given an additional contract, and you may accept additional terms. Some of these additional terms are available on the XKELET website. Whenever there is an irreconcilable conflict between any of the additional terms and these Terms, additional terms shall govern.
20. Divisibility and resignation
Unless stipulated in these Contracts, if for any reason or to any extent, any clause of the Contracts is considered invalid or not enforceable, said invalidity or lack of enforceability shall not affect or cause invalidity or lack of enforceability of the Agreement. Rest of the clauses of the Contracts, and will enforce the application of said clause to the extent permitted by law.
The fact that XKELET or the third party beneficiaries fail to enforce the Contracts or the clauses thereof shall not void the right of XKELET or the third party beneficiaries to do so.
21. Assignment
XKELET may assign these Contracts or any of its parts, and may delegate any of its obligations under the Contracts. You may not assign to third parties these Contracts or any of its parts, nor may you transfer or sublicense your rights under these Agreements.
22. Compensation
To the extent permitted by applicable law, you agree to indemnify and hold harmless XKELET against any damage, loss and expense of any kind (including costs and reasonable attorney fees) arising out of: (1) Violating this Agreement, (2) any User Content, (3) any activity in which you participate in or through the XKELET service and (4) violate any law or third party rights.
23. Applicable law, compulsory arbitration and jurisdiction
23.1 LAW / CURRENT JURISDICTION
Unless the current law of a Member State of the European Union or any other jurisdiction requires otherwise, these Contracts (and any non-contractual dispute / claim arising out of or in connection with them) are subject to the laws of the States or countries listed below, without regard to the principles of private international law.
In addition, you and XKELET accept the jurisdiction of the courts below to resolve any dispute, claim or controversy arising in connection with these Contracts (and any non-contractual dispute or claim arising out of or in connection therewith). (In some cases, the jurisdiction will be "exclusive", ie, no other court in the country can preside over the case, have jurisdiction, in other cases, the jurisdiction is "non-exclusive", which is why courts in other countries They may have jurisdiction. This is also specified in the table).
XKELET does not accept any code of conduct as mandatory related to the services provided under this contract.
23.2 WAIVER OF COLLECTIVE DEMAND
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND XKELET AGREE TO INITIATE A CLAIM AGAINST THE OTHER ONLY UNDER PERSONAL TITLE, NOT AS A CLAIMANT OR CLAIMANT, IN ANY COLLECTIVE OR REPRESENTATION CLAIM. Unless you and XKELET provide it, no arbitrator or judge may collect more than one claim filed by a person or preside over any class action or representation.
23.3 ARBITRATION
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND XKELET AGREE TO INITIATE A CLAIM AGAINST THE OTHER ONLY UNDER PERSONAL TITLE, NOT AS A CLAIMANT OR CLAIMANT, IN ANY COLLECTIVE OR REPRESENTATION CLAIM. Unless you and XKELET provide it, no arbitrator or judge may collect more than one claim filed by a person or preside over any class action or representation.
You and XKELET agree that, in the event of any dispute, claim or controversy arising between you and XKELET in connection with these Contracts or your relationship with XKELET as a user of the Service (whether under contract, tort, False or any other legal framework, and if the claims arise during or after the cancellation of the Contracts) will be resolved by binding binding arbitration. Arbitration is more informal than legal action before a court. IN AN ARBITRATION THERE IS NO JUDGE OR JURY, AND THE ARBITRAL AWARD IS SUBJECT TO A LIMITED REVIEW BY THE COURT. Less evidence should be presented than in court. The arbitrator must be bound by this Agreement and may grant the same class and amount of compensation as a court (including attorney fees), unless the arbitration does not grant precautionary or declaratory measures that benefit any party other than parties The arbitration. This arbitration clause will remain in force after termination of the Contracts.
23.3.1 RESOLUTION OF DISPUTES AND ARBITRATION
23.3.2 ARBITRAL RULES SPANISH RULES
You or we can begin an arbitration process. If you live, live, have offices or trade in Spain, any arbitration between you and XKELET will be resolved in accordance with the Commercial Arbitration Rules of the Chambers of Commerce. In this case, the language of the procedure will be Spanish.
If you do not live, live, have no offices or trade in Spain, any arbitration between you and XKELET will be settled in accordance with the Rules of Arbitration (the "ICC Rules") of the International Chamber of Commerce, ICC ") in force at that time by one or more arbitrators assigned in accordance with the ICC Rules, as amended by these terms of development, and shall be administered by the ICC International Court of Arbitration.
The language of all arbitrations shall be English and, unless the law in force in a member state of the European Union or in any other jurisdiction requires otherwise, the law governing any arbitration shall be that of Spain.
23.3.3 PRESENTATION TIME
Any arbitration shall begin with the filing of a claim for arbitration within ONE (1) YEAR after the date on which the party asserting its right first or reasonably knows the act, omission or default that the claim generated, And shall not be entitled to any claim that has not been asserted within that period. If the current law prohibits a period of one year to assert its right, it must be affirmed in the shortest possible time allowed by current law.
23.3.4 WARNING, PROCESS
The party requesting the arbitration must first send the other party a conflict notice ("Notice") in writing by registered mail (signature required), or in case of not having a registered physical address for you, must send it by email. The XKELET address for the Notice is as follows: XKELET, Att.
CEO, Calle Collet, 2 - 17252 Calonge (SPAIN). The Notice must (1) describe the nature and grounds of the claim or dispute, and (2) stipulate the specific indemnity ("Claim"). We accept to do everything possible to reach an agreement directly; However, if within 30 days of receipt of the notice, we have not reached an agreement, you or XKELET may commence an arbitration proceeding. During the arbitration, the amount of any conciliatory offer made by you or XKELET shall not be communicated to the arbitrator until the latter has made a final decision and set an indemnity, if any. If our dispute is finally resolved through arbitration in your favor, XKELET shall pay you (1) the amount of compensation stipulated by the arbitrator, if any, (2) the last written settlement amount XKELET offered in the resolution The dispute before the referee decision. The recipient must maintain the confidentiality of all documentation and information disclosed during the arbitration, and may not use it for purposes other than arbitration or compliance with the decision and compensation established by the arbitrator; Nor should it be divulged to other persons, except in secret, who need to know it for such purposes or as required by current law. Unless required to enforce the decision and indemnification of the arbitrator, neither you nor XKELET shall make public announcements or comments or discuss arbitration, which includes mentioning the fact that the parties have a dispute, the existence of arbitration, or any Decision or award of the arbitrator.
23.3.5 MODIFICATIONS
If in the future XKELET will implement a change in this arbitration clause (other than a change in the XKELET Notice address), you may reject such change and send us written notice within 30 days after the change in address Of XKELET Notice; This will result in the immediate cancellation of your XKELET account, and this arbitration clause, effective immediately prior to the changes you reject, will remain in effect.
23.3.6 EXECUTORY STRENGTH
If it is determined that Section 23.2 class action waiver is unenforceable or if Section 23 is found to be unenforceable, Section 23.3 shall be deemed null and void and, in that case, the parties agree that The exclusive jurisdiction and jurisdiction described in section 23.1 shall govern any act arising in connection with these Contracts.
24. CONTACT
If you have questions about the XKELET service or the Contracts, please contact XKELET Customer Service at: legal@xkelet.com If you live in Spain and wish to receive the Contracts by email, send a letter to XKELET attn: Att. CEO, Calle Collet, 2 - 17251 Calonge, Girona (SPAIN), including your e-mail address and your order to send you the Contracts.
Thank you for reading our Terms. We hope you enjoy XKELET.
Contracting entity: XKELET EASY LIFE SL Calle Collet, 2 , Calonge 17251, Girona B55244420 © XKELET EASY LIFE SL.