Terms of Service – Production

THESE TERMS OF SERVICE (“AGREEMENT”) GOVERN THE ACCESS AND USE OF SMARTFENSE SERVICES USERS UNLESS THE USER HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH SMARTFENSE. THESE TERMS AND CONDITIONS APPLY IN ALL CASES, REGARDLESS OF THE TYPE OF CONTRACTING THE USER HAS MADE (VIA PARTNER, DIRECT, ETC.). THIS AGREEMENT IS CONSIDERED ACCEPTED BY CHECKING THE CONSENT BOX INDICATING ACCEPTANCE. IF THE PERSON ACCEPTING THIS AGREEMENT ACCEPTS ON BEHALF OF A COMPANY OR ANOTHER LEGAL ENTITY, SUCH PERSON UNDERSTANDS THAT THEY REPRESENT AND HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, AS THE AGREEMENT REFERS TO SUCH ENTITY AND ITS AFFILIATES. IF THE PERSON ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE TO THESE TERMS, SUCH PERSON MUST NOT ACCEPT THIS AGREEMENT AND MUST NOT USE THE SERVICES. 

THE USER and SMARTFENSE may be referred to in this Agreement individually as a “party” or collectively as the “parties”. This Agreement governs all Services, as defined below, provided by SMARTFENSE to the USER. SMARTFENSE may update or make changes to these terms. Whenever SMARTFENSE updates or modifies these Terms, the USER must give their consent and accept them to access and use the services by checking the consent box indicating acceptance. 

Access to the Services cannot be for the purpose of monitoring their availability, performance, or functionality, or for any other comparative or competitive evaluation purpose, or as restricted by this Agreement. Direct competitors of SMARTFENSE (or external agents acting on behalf of such direct competitors) are prohibited from accessing the Services.

1. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below, except when the context requires otherwise.

  1. PRODUCER: DEFENSE BALANCE S.L.
  2. SERVICES or SMARTFENSE: It is an online platform for Information Security awareness that promotes secure habits among users. 
  3. PARTNER: A natural or legal person who has a legal agreement with the PRODUCER to market and provide support for the Products or Services to END CLIENTS.
  4. END CLIENT: A natural or legal person who purchases the services from the PRODUCER through a PARTNER for their own use and not for resale.
  5. USER: A natural person who accesses the platform to use SMARTFENSE services from the role of account ADMINISTRATOR. It is considered that the USER has the legal capacity to represent the END CLIENT.
  6. RECIPIENT: A natural person who is the end user or final recipient of one or more awareness campaigns or services from SMARTFENSE.
  7. TIER 1 SUPPORT (T1): Support provided by the PARTNER to the END CLIENT, through its own technical staff, who have been previously certified by the PRODUCER. In exceptional cases and by prior agreement, the PRODUCER will provide this support directly to the END CLIENT.
  8. TIER 2 SUPPORT (T2): Support provided by the PRODUCER to the PARTNER, for specific cases where failures or incidents inherent to the service arise, in accordance with the contractual regulation between them. In exceptional cases and by prior agreement, the PRODUCER will provide this support directly to the END CLIENT.

2. Purpose and Scope

  1. These terms define the relationship with DEFENSE BALANCE S.L. (hereinafter SMARTFENSE), owner of the SMARTFENSE Service. The USER may only use the platform if they agree to comply with these legal terms. 
  2. These Terms of Service (hereinafter TOS) are mandatory and binding in order to enable access to the services, thus establishing a legal contractual relationship between the USER and SMARTFENSE. Accessing and using the services implies the USER’s acceptance of these TOS, so we suggest dedicating the necessary time to read and understand them. If the USER does not agree with these provisions, they must refrain from accessing and/or using any of its services.

3. Services

  1. Services. SMARTFENSE is an Information Security awareness platform that promotes secure habits among users. 
  2. Support. The implementation, support, and maintenance services will primarily be the responsibility of the PARTNER, so we suggest consulting their conditions in the service agreement signed with the PARTNER. In exceptional cases and by prior agreement, the PRODUCER will provide direct support to the END CLIENT.
  3. Updates. The USER acknowledges that SMARTFENSE is a provider of online services (Software as a Service), based on subscriptions, and that we may make changes to the services periodically, always seeking to improve our functionality and security conditions. In the event that such changes are updates that provide improvements to existing services, they will be notified to the USER at the time of their implementation.
  4. Improving Our Products. SMARTFENSE is always striving to improve its Products and Services for the benefit of its END CLIENTS. To achieve this, we need to measure, analyze, and aggregate how USERS and RECIPIENTS interact with our Services, as well as the usage patterns and characteristics of our USER and RECIPIENT base. The USER authorizes the use of the measurement of such statistical parameters to cooperate with the improvement of the services.

4. USER’s Obligations

  1. Proper Use. The USER undertakes to use the services appropriately and responsibly. In particular, and without the list below implying excluding other acts, the USER undertakes to:
    1. Use the services in good faith, with diligent and lawful behavior.
    2. Use respectful language, free from grievances towards other USERS and/or third parties.
    3. Respect SMARTFENSE subject and dynamics, making appropriate use of the services and contents.
    4. Respect each and every right arising from the ownership of the Service and its contents, in accordance with the Terms of Service.
    5. At the time of generating PHISHING or RANSOMWARE simulation campaigns, a process must be carried out beforehand to whitelist all SMARTFENSE services in the user’s organization’s security tools. The user understands and accepts that the improper management of whitelists may result in the limitation or suspension of services. 
  2. Usage Restrictions. The USER understands and accepts that there are actions considered restricted or prohibited in the use of the Services, and that, in case of detecting any infringement, SMARTFENSE reserves the right to cancel or suspend the infringing account. Prohibited actions include:
    1. Using the identity of natural or legal persons without having sufficient permissions or violating intellectual property rights;
    2. Copying, modifying, altering in any way the Services or their contents and/or manipulating and/or using reverse engineering on the Services;
    3. Uploading any content to the Services in a manner or for purposes contrary to law, morality, good customs, and/or public order;
    4. Performing improper actions on the Services, such as uploading malware, viruses, or harmful or dangerous content, or actions that cause a disproportionate load on the website infrastructure or excessive traffic demands that in any way damages its content or infrastructure, the content of other USERS, etc.;
    5. Causing damage or incurring liabilities for a USER, a third party, or SMARTFENSE;
    6. Using SMARTFENSE’s intellectual property or confidential information to develop similar products or services;
    7. Using, disclosing, in any way, the products, services as well as any of their contents or other related materials of SMARTFENSE, outside the authorized organization of the USER.
    8. Removing, manipulating, or altering any copyright notices, intellectual property marks, or confidentiality legends posted on or available through the services.
    9. Using the Services in any way outside the limits established by this Agreement.
    10. Sending PHISHING or RANSOMWARE simulation campaigns without first having properly managed the whitelists in the organization’s security tools.
  3. Third-Party Service Compliance. In cases where the USER’s use of the service platform results in claims for breach of third-party service legal conditions (hosting, content storage, campaign distribution, etc.), whether administrative or judicial, against SMARTFENSE, the latter shall be entitled to unilaterally and immediately cancel and/or suspend the sent campaigns found to be in violation, or alternatively, to proceed with the temporary cancellation and/or suspension of such accounts, in order to avoid further breach in the received claim. In such cases, the USER will be duly notified of such a situation, informing the cause and the implemented measure, so that it can be resolved to prevent potential new infringements and breaches. 
  4. Security in Access Control. The USER understands and agrees to always maintain the secrecy and confidentiality of their access data, taking all possible measures to protect their confidentiality. Any illegitimate or unauthorized use of access data will be the sole responsibility of the USER, and therefore, of the END CLIENT, who agrees to immediately notify SMARTFENSE of any unauthorized use of which they become aware. The USER understands and accepts that they must always generate nominal usernames (for example john.doe or jdoe), and the generation of generic or non-nominal users (admin, training, etc.) is prohibited.
  5. Purpose of Internal Use. Access to and use of the Products and Services, as well as any of their related contents or materials from SMARTFENSE (which the parties acknowledge as confidential information and property of SMARTFENSE) are solely authorized for the educational and internal awareness purposes of the organization represented by the USER, and only during the subscription period. It is strictly prohibited to share screenshots, downloads, or any other form of copying, duplicating, or replicating the Services or other related materials. The USER acknowledges that some of SMARTFENSE’s Services are designed to help the USER raise awareness among their collaborators and may include the development, customization, and sending of simulated information security attacks for employee awareness purposes. Therefore, upon using them, the USER understands and agrees that they will be solely responsible for complying with all government laws and regulations, and for any harmful outcome or consequence that may occur in relation to the use of the Services (including reports or information produced in connection with them).
  6. Recipient Limitation. The Service is provided per seat and per subscription. The USER will be responsible for managing the creation, modification, and deactivation of their own internal users (recipients). In the event that the number of recipients (active users) exceeds the maximum limit established in the acquired license, SMARTFENSE will notify such a situation. The USER understands and agrees that it is prohibited to reassign or rotate accounts among recipients as a mechanism to bypass the license limits. As an exceptional case, once an active recipient is used within a campaign, the user may deactivate them and thus free up that seat for reuse. Exceptional cases will be considered, such as dismissal cases, and severe medical licenses, among other specific cases that may be considered by SMARTFENSE. If the USER considers it appropriate to apply exceptions for special cases, they must notify SMARTFENSE in advance in order to achieve the reuse of such seat/s. 

5. Data and Intellectual Property

  1. Intellectual Property Ownership. The intellectual property rights to all assets related to SMARTFENSE, including source code, trademarks, logos, and trade names, among others, are owned by SMARTFENSE and are internationally registered with the corresponding authorities. In the event of third-party claims against the USER regarding SMARTFENSE’s licenses or rights of use, the USER must notify SMARTFENSE within 24 hours in order for SMARTFENSE to defend its trademark and company rights.
  2. Assignment of Licenses for Partners. SMARTFENSE grants its AUTHORIZED PARTNERS an international package of licenses, which are revocable, limited, non-exclusive, sublicensable, and transferable for using the Services during the applicable License Term as per the contracted service. 
  3. License Assignment for End Clients. The PRODUCER or the AUTHORIZED PARTNER, through their commercial activity, grants an international sublicense to the END CLIENT, which is revocable, limited, non-exclusive, non-sublicensable, and non-transferable for using the Services during the applicable License Term as per the contracted service, limited for internal use within their organization.
  4. USER Content Ownership. The USER declares and guarantees that: (a) They own all rights to the END CLIENT Content and/or have the right to provide the licenses granted in this Agreement to SMARTFENSE and its respective suppliers, licensees, successors, and assignees so that they can process and host such content, and (b) all END CLIENT Content complies and will continue to comply with this Agreement; (c) all END CLIENT Content complies and will continue to comply with all international, federal, state, and local laws and regulations; and (d) the END CLIENT Content does not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, violent, hateful, libelous, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that may otherwise be in conflict with this Agreement; (v) promote any illegal activity, or advocate, promote, or assist any illegal act; (vi) intentionally create an unreasonable disturbance to any other person or organization; or (vii) contain any: (A) viruses, trojans, worms, backdoors, or other software or hardware devices, the effect of which would allow unauthorized access to, or disable, delete, or otherwise damage, any computer, system, software, or content; or (B) time bombs, drop dead devices, or other software or hardware devices designed to disable a computer program automatically over time or under the positive control of any person, or deprive SMARTFENSE, or its USERS, of their legal rights. The END CLIENT will retain all rights, ownership, and permissions over their content, and no clause in this Agreement shall modify or limit such ownership. However, to normally provide our services, the USER must grant us some legal permissions in order to carry out the necessary processing on that content. Such END CLIENT information may refer to any data, code, video, image, or other content of any kind that is uploaded, submitted, or otherwise transmitted to SMARTFENSE or through our platform.
  5. License Assignment to process information. The END CLIENT, through the USER, grants SMARTFENSE a non-exclusive, transferable, non-assignable, international, royalty-free license to collect, use, copy, store, transmit, modify, and create derivative works from its data, solely to the extent necessary to provide the services, as well as to develop and improve existing or future products or services of SMARTFENSE.
  6. Aggregated Data. The USER grants SMARTFENSE the ability to use part or all of the END CLIENT data uploaded in an aggregated, anonymous, and generic manner for marketing, survey, and benchmarking purposes, in the review and development of current and future Products and Services, use of Products and Services, and similar purposes (“Aggregated Data”). The aggregated data: (a) will only be used for internal development within the company and as a source of general service usage statistics; (b) does not identify the USER or RECIPIENT or any individual; and (c) to the extent such Aggregated Data is disclosed, it will only be disclosed in a generic or aggregated manner for the purpose of sharing Product or Service usage and for statistical or benchmarking purposes. Aggregated data shall not be considered confidential information of the USER or the END CLIENT.

6. Information Security and Privacy

  1. Personal Data Processing. The USER agrees that, for the correct and adequate provision of the contracted services, SMARTFENSE must process the information indicated by the USER, including personal data. The USER understands and agrees that the processing of personal data will be carried out in accordance with the provisions of our Privacy Policy.
  2. Compliance with Applicable Regulations. Both SMARTFENSE and the PARTNER, as well as the USER, understand and accept that each will be responsible for complying with the obligations arising from the national and international regulations in force regarding the protection of personal data applicable to them, especially in compliance with the European General Data Protection Regulation (GDPR).
  3. Infrastructure Security. SMARTFENSE uses internationally accepted information security techniques in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. However, the USER accepts and understands that we cannot guarantee that our security processes will be error-free, that transmissions of Your Data will always be secure, or that unauthorized third parties will never be able to circumvent our security measures or those of external service providers.
  4. Activity Audit. Any personal information provided will be protected using industry-standard security protocols and computer technology. Each time the USER uses SMARTFENSE, there is the possibility that information from the equipment or device used by the USER will be automatically obtained and stored, generating an internal audit trail of accesses.
  5. Data Access Control. SMARTFENSE undertakes to take reasonable and appropriate information security measures to ensure data confidentiality. Under no circumstances will SMARTFENSE access or use USER data independently or unilaterally; rather, access to and processing of such data will always be done automatically under the USER’s instructions and/or with the USER’s authorization to conduct specific operations or tasks (for example, special support cases). To ensure transparency about accesses to SMARTFENSE, the USER who deems it appropriate to verify the integrity and confidentiality of their data may request audits of system accesses. The exercise of said right must be required at least 30 (thirty) days in advance.
  6. Backup Copies. SMARTFENSE makes backup copies periodically, storing such copies for a reasonable period, to the extent of the available technical possibilities. Backup copies will only be made for the accounts of USERS who have commercial licenses of SMARTFENSE, not applying to other types of licenses (free trials, trial versions, freemium, etc.).
  7. Data Retention and Deletion. Upon confirmation of the termination of the license and after a reasonable period for negotiating the continuation of the service has elapsed, SMARTFENSE will initiate a secure deletion process of all content uploaded by the USER in the respective instance(s). The USER understands and accepts that, for reasons of technological economy, the information stored in backups generated before the cancellation of the subscription will not be deleted. Instead, such copies will be replaced as new backups are made.
  8. Confidentiality. The parties undertake to keep all the information received and to which they have access strictly confidential, committing not to use the information under their control for any other purpose than that established in this Agreement, under the following conditions:
    1. It is strictly prohibited to disseminate and/or transfer to third parties any information obtained or known during the activity that is the subject of this Agreement, as well as any type of use of the information for personal benefit, or for any other purpose other than the one corresponding to the service that is being agreed through this Agreement.
    2. The obligation of confidentiality includes absolutely all the information that the parties process, manage, store, or in any other way exists, and this includes accounting, financial, operational, statistical, administrative information, agreements, or referring to any other type of relationship with other entities, services, and policies of the parties.
    3. All the information referred to in previous clauses, and for which confidentiality is required, may be contained in any type of storage media proper to electronic or digitized information, as well as in books, missives, memorandum, files, forms, and any other document or communication, likewise papers or any other type of physical storage, including disposals or disposable elements.
    4. The aforementioned confidentiality obligation also includes any information, of the aforementioned types, which may be obtained, accessed, or known in the exchange between both parties, and that is not contained in any storage media. 

7. Limitation of Liability

  1. Warranty Disclaimer. Except for the warranties indicated in the agreement between the USER and any of the PARTNERS, all products and services are provided “as is,” and SMARTFENSE and its suppliers expressly disclaim all warranties and representations of any kind, including any warranty of title, fitness for a particular purpose, functionality, or merchantability, whether express, implied, or statutory. The legal warranty disclaimer will be up to the limits set by law. SMARTFENSE shall not be liable for delays, interruptions, service failures, and other issues inherent to the use of the Internet and electronic communications or other systems due to force majeure, fortuitous events, or events considered beyond the reasonable control of SMARTFENSE. To the maximum extent permitted by law, neither SMARTFENSE nor any of its third-party suppliers makes any representation or warranty regarding the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of any product or content thereon present or generated therewith, or that: (a) the use of any products will be safe, timely, uninterrupted, or error-free; (b) the product will operate in combination with any other hardware, software, system, or data; (c) the product or service will meet their requirements or expectations; (d) any stored data will be accurate or reliable or that all the stored data will not be lost or corrupted; (e) errors or defects will be corrected; or (f) the products (or any server(s) that make a hosted service available) are free of viruses or other harmful components.
  2. Limitation of Liability. Neither party (nor its suppliers) shall be liable for loss of use, lost or inaccurate data, failures in security mechanisms, interruption of business activity, delay costs, or any indirect, special, incidental, consequential, or emerging damages of any kind (including lost profits), regardless of the legal action, whether contractual or extra-contractual (including negligence). The exemption of the parties is expressly defined, including strict liability or of any kind, even if the possibility of such damage has been informed in advance.
  3. Data Usage Liability. The USER must guarantee and ensure that the use of their content and data in the Products and Services always comply with applicable local, national, and international laws and regulations. The USER declares and assures that: (i) They have obtained all the rights, authorizations, and permissions to provide all Their Data to SMARTFENSE, and to grant the rights granted to SMARTFENSE in this Agreement, and (ii) Their Data and its transfer and use by SMARTFENSE authorized by the USER under this Agreement do not violate any Law (including those related to export control and electronic communications, among others) or rights of any third party, including intellectual property rights, privacy rights, or publicity rights, and all authorized use, collection, and disclosure.
  4. Data Collection and Processing Liability. The USER understands and agrees to guarantee the legitimacy of accessing, collecting, and processing any personal data within the scope of the service provision, leaving any type of claim from third parties about said treatment at their sole responsibility, and explicitly excepting SMARTFENSE for any type of claims. In this respect, the USER understands and accepts that they will be solely responsible for analyzing the legal basis that justifies the data collection and processing of the recipients (name, last name, user agent, operating system, IP address, email, date and time of the actions, among other data that can be collected through SMARTFENSE), under the applicable legislation.
  5. Proper usage of the tool. The USER understands and accepts that SMARTFENSE is only limited to providing a software tool that operates under the instructions of the USER, therefore, it will not have any responsibility for improper, inappropriate, or illegitimate usage of the tool. The user agrees to hold SMARTFENSE harmless for any damage and/or harm, including attorney fees, that it may suffer as a result of the improper or illegitimate use of the services. The official operation of the SMARTFENSE Service will always be through the platform available at takesecurity.com. 
  6. Responsibility for the use of third-party content. The USER understands and accepts that they will be solely responsible for all the direct or indirect damage that may be caused by the unlawful or unauthorized use of any type of content (such as logos, identifications, formats, etc.) that affect or could affect third-party rights. SMARTFENSE will only be responsible for the legitimacy of the content offered or used in the templates that originally form part of the SMARTFENSE tool.
  7. Responsibility for content uploaded by the USER. Among the functionalities of the Services, the USER may decide to create campaigns according to their own preferences and choice. In these cases, the USER guarantees to SMARTFENSE that they have the necessary rights and permissions to use the content they upload through the platform (personal data, logos, identifications, texts, images, etc.). The intellectual property of the content generated within the Services will be the exclusive property of the USER, for which SMARTFENSE will not have any direct or indirect responsibility.
  8. Third-party claims for content misuse. In the event of possible claims by third parties due to unauthorized use by the USER of trademarks, logos, signs, or denominations, SMARTFENSE will communicate the infringement to the USER, reserving the right to take the technical and legal actions deemed appropriate. In addition to the USER’s indemnification obligations contained in this Agreement, the USER will defend and indemnify SMARTFENSE and hold it harmless from any and all claims, losses, failures, damages, liabilities, costs, and expenses (including, among others, reasonable attorney’s fees) incurred by SMARTFENSE as a result of any claim by a third party arising from SMARTFENSE’s hosting or distribution of USER Content as authorized in this Agreement.
  9. Force Majeure. Neither party to this Agreement shall be liable for any delays or failures in performance of this Agreement (other than payment obligations or failure to comply with confidentiality requirements) resulting from acts or events beyond the reasonable control of such party, including acts of war, terrorism, acts of God, natural disasters (fires, explosions, earthquakes, hurricanes, floods, storms, infestations, etc.), embargoes, riots, sabotage, acts of government, Internet failures, power outages, power shortages, other utility outages, or telecommunications outages, provided that the delayed party: (A) notifies the other one said cause without any delay and; (b) uses their reasonable business efforts to quickly correct such failure or delay in the performance.
  10. Use of Direct Message Injection (DMI) Technology:  Enabling DMI technology will optimize and personalize the delivery of awareness messages to your organization’s email inboxes, therefore, we recommend its implementation. Once enabled, SMARTFENSE assumes the obligation to solely use said technology for the purpose of sending the phishing and ransomware simulations that you have previously generated and agreed to send. Additionally, DMI technology will allow for the collection and analysis of limited information about user interactions with awareness emails, including, among others, open rates, clicks, and actions taken within the sent emails. SMARTFENSE guarantees technically that under no circumstances or conditions will it carry out any operation outside the purpose authorized by the user. 

8. General Provisions

  1. Proper Authority. Each party represents and guarantees that they have the authority and legal power to sign this Agreement. In the event that the USER represents a public or private legal entity, they guarantee to have the necessary authorizations to bind such a party to comply with the terms and conditions of this Agreement.
  2. Dispute Resolution; Arbitration. In the event of any dispute or claim arising out of or relating to this Agreement, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a satisfactory solution for both parties. If the parties do not reach an agreement within 60 days, any unresolved dispute or claim arising out of or relating to this Agreement shall be settled by mandatory arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties fail to agree on a single arbitrator, then there shall be three (3) arbitrators: one chosen by each party, and a third selected by the first two. The arbitration will take place in the city of León, Spain. All negotiations and arbitration proceedings under this Clause shall be confidential and treated as settlement negotiations for the purposes of all relevant rules and codes of evidence of the jurisdictions and applicable laws. The language of the arbitration shall be Spanish.
  3. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the applicable laws of Spain. Each party irrevocably agrees that any claim, proceeding, or legal action not subject to the arbitration provisions of the Clause (Dispute Resolution; Arbitration) shall be brought solely and exclusively in Spain and shall be subject to service of process and other procedural rules under the court rules in Spain, and each party irrevocably submits to the sole and exclusive personal jurisdiction of such courts. Notwithstanding the foregoing, SMARTFENSE may bring a claim for equitable relief in any court with proper jurisdiction.
  4. Redress by Court Order; Enforcement. Notwithstanding the provisions of the Clause (Dispute Resolution; Arbitration), nothing in this Agreement shall prevent each party from seeking redress by court order concerning the violation of intellectual property rights, confidentiality obligations, or enforcement or recognition of any award or order in any appropriate jurisdiction.
  5. Amendments. In the event that an amendment or update of this Agreement is necessary, the amended version will come into effect within 30 days from its notification to the USER. Continued access or use in any form of the Products and Services implies acceptance and agreement to the new terms and conditions. In case of disagreement, the USER must notify their dissent.
  6. Notifications. All notifications under this Agreement must be given in writing. Notifications sent to the USER shall be deemed delivered on the first business day after the day of dispatch. The USER wishing to send a notification to SMARTFENSE may do so at C/ Santos Ovejero 1 – Office P1-03, 24008 León, León, Spain. Notifications sent to us shall be deemed delivered upon our receipt.

Enforceability. If any provision of this Agreement is deemed void, invalid, unenforceable, or illegal, the other provisions shall remain in full force and effect. This Agreement is the entire agreement between the USER and SMARTFENSE regarding the Services and supersedes all prior or contemporaneous communications, proposals, or oral or written statements regarding the Product or any other subject matter covered by this Agreement.