Through our Terms and Conditions (hereinafter “Conditions”) we inform you about the terms of use of the website www.smartfense.com (hereinafter “Website”) owned by DEFENCE BALANCE S.L., with registered address at C/ Santos Ovejero 1 – P1-03 24008 León, León, Spain (hereinafter SMARTFENSE), whose conditions comply with and are drafted with special attention to international personal data protection and privacy regulations.

The use and/or access to the Website implies your full and unreserved acceptance of each and every provision included in these Conditions, therefore if you do not agree with any of the conditions set out herein, you must not use or access this site.

SMARTFENSE reserves the right, at its sole discretion, to modify, alter, add or remove parts of the Conditions at any time. We recommend that you review these conditions each time you visit the site. Your continued use of any section of this site after notification or announcement of such changes shall constitute your acceptance of those changes.

The User undertakes to use the Website, its services and contents without violating applicable law, good faith and public order. Therefore, any use for unlawful purposes or that damages, prevents or could harm and/or overload the normal use and operation of the service, or in any way, directly or indirectly, attacks the website or affects any third-party rights, is forbidden. By way of example but not limitation, the user undertakes the following commitments regarding the use of the system:

1. Use the website diligently, correctly and lawfully;
2. Respect the topic and dynamics of the website, making appropriate use of the services and contents;
3. Use respectful language, free of offense towards other Users and/or third parties;
4. Respect each and every right arising from ownership of the website and its contents, as set out in the Terms and Conditions;
5. Refrain from copying, modifying, altering and/or manipulating the software and/or using reverse engineering;
6. Refrain from assuming an identical or false identity of another person or company;
7. Refrain from uploading to the website any content in a form or with purposes contrary to the law, morality, good customs and/or public order;
8. Refrain from carrying out improper actions on the website, or uploading malware, viruses or harmful or dangerous content, or actions that generate a disproportionate load on the site infrastructure or excessive traffic demands that in any way harm its content and infrastructure, the content of other users, etc.
9. Refrain from collecting information or content from other users, or accessing the Website using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.
10. Refrain from using the Website for unlawful, deceptive, malicious or discriminatory acts.

Should you use the SMARTFENSE Platform, the User must mandatorily accept the Terms and Conditions of Use of the SMARTFENSE Platform.

SMARTFENSE is firmly committed to respecting privacy and carrying out the adequate processing of personal data processed by the platform, particularly in compliance with (i) EU Regulation 2016/679 titled “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data” (“GDPR”) and any applicable national law implemented by member countries of the European Economic Area (“EEA”); (ii) the Argentine Personal Data Protection Law, Law Number 25.326 (as amended or replaced). To facilitate access to the resources generated to protect users’ privacy, we invite you to visit SMARTFENSE’s GDPR Resource Center.

Acceptance of these legal terms and conditions also implies mandatory acceptance of the Privacy Policy, an annex agreement that describes the appropriate processing that will be carried out on the data provided by the user, whether through email or by using our contact form available on the Website.

Should you be interested in running a Proof of Value (POV) of the service, or in any way using or contracting our SMARTFENSE platform, the user shall be required to previously sign the Data Processing Agreement (DPA), which regulates the appropriate processing of data in accordance with (i) EU Regulation 2016/679 titled “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data” (“GDPR”) and any applicable national law implemented by member countries of the European Economic Area (“EEA”); (ii) the Argentine Personal Data Protection Law, Law Number 25.326 (as amended or replaced).

In compliance with the provisions of Article 32 of EU Regulation 2016/679, SMARTFENSE implements appropriate technical and organizational security measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of processing, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons. For more information, we invite you to visit our Security, Trust and Assurance in the Cloud document.

For more information about the type of information collected, please refer to our Privacy Policy. Such information shall only be used for information security purposes, and shall not be shared with third parties unless required by law or by judicial authority.

The website may occasionally contain third-party links. When the User accesses them and enters other sites not belonging to the Company, they shall be subject to the terms and conditions of those sites, which the User must read carefully. SMARTFENSE has no control over those sites or their content and, therefore, assumes no responsibility for, nor guarantees the legality, currency, quality or usefulness of the content, operations and information communicated, reproduced and/or carried out on linked third-party sites, or the absence of harm from such content; therefore, the User releases SMARTFENSE from all liability for the content included in the referenced sites or the services provided or promoted on them.

The User understands and accepts that they must always keep their access credentials secret and confidential, and must take all possible measures to protect their confidentiality and secrecy. Any unlawful or unauthorized use of the access credentials shall be the sole responsibility of the User.

The website, including by way of example but not limitation its programming, editing, compilation and other elements necessary for its operation, designs, logos, text and/or graphics, are property of SMARTFENSE or, where applicable, SMARTFENSE holds an express license or authorization from the authors.

All contents of the website are duly protected by intellectual and industrial property regulations, and are registered in the corresponding public registries. Reproduction and/or publication, in whole or in part, of the website is not permitted, nor is its computer processing, distribution, dissemination, modification or transformation, without the prior written consent of SMARTFENSE. SMARTFENSE shall ensure compliance with the above conditions, as well as the proper use of the contents presented on its web pages, exercising all civil and criminal actions that correspond to it in the event of infringement or breach of these rights by the User.

Designs, logos, text and/or graphics not belonging to SMARTFENSE that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversies that may arise regarding them. In any case, SMARTFENSE has express prior authorization from them. SMARTFENSE acknowledges in favor of their owners the corresponding industrial and intellectual property rights, and their mere mention or appearance on the website does not imply any rights or responsibility of the Controller over them, nor endorsement, sponsorship or recommendation by SMARTFENSE.

The User shall retain the copyright and any other right they may already hold in the Content they submit, publish or display through the Website. By submitting, publishing or displaying content, you grant SMARTFENSE a temporary, international, revocable, non-exclusive, royalty-free license to reproduce, adapt, modify, translate, publish, publicly perform and display, as well as distribute any Content that you submit, publish or display on the Site. This license is granted for the sole purpose of enabling the management, administration, distribution, communication or processing of the Website’s Services.

By this agreement, SMARTFENSE disclaims all liability to you or to any third party for the breach of any of its obligations under the Conditions, as well as for the consequences thereof, including any loss or damage.

The user shall be the sole and exclusive party responsible for the improper or inappropriate use of the services or content they access or use, accepting that SMARTFENSE shall have no responsibility in that regard. Likewise, SMARTFENSE assumes no responsibility for the information contained in third-party sites accessible via links or search engines contained on the website. The links appearing on this page are for informational purposes only and in no case imply that we suggest, invite, recommend or share their content or opinions.

SMARTFENSE assumes no liability whatsoever regarding warranties, express or implied, related to the Service and its contents, which are provided “as is”, and are supplied without warranty and without any liability regarding their quality, fitness for use, integrity or accuracy.

SMARTFENSE undertakes to make reasonable efforts, to the extent of its possibilities, to provide the Services with the highest possible quality, reliability and security. However, we do not guarantee that the Service will be uninterrupted, timely or error-free, or that defects can be corrected or that the services herein are fault-free.

SMARTFENSE reserves the right to suspend, interrupt, modify, expand or discontinue the Service at its sole discretion and with immediate effect, without any obligation to give prior notice and without assuming any liability for any loss caused as a result of any decision made by SMARTFENSE.

SMARTFENSE and you agree to submit to the jurisdiction of the city of León, Spain to resolve any legal matter arising from these Conditions.

You acknowledge and accept that each of the members and/or founding partners and/or subsidiary departments and/or affiliates of SMARTFENSE are third-party beneficiaries of the Conditions, and that such members are authorized to directly enforce, as well as to rely upon, the provisions of the Conditions that grant them the relevant benefits or rights. Except as stipulated above, no other person or company shall be a beneficiary of these Conditions.

If any clause of the Conditions is deemed null, voidable or unenforceable, this shall not affect any other clause of this document. Consequently, the Conditions shall be modified to the extent necessary to give effect to the remaining provisions hereof.

These Conditions constitute the complete legal agreement between SMARTFENSE and you, and govern your use of the Website, not including the services that SMARTFENSE may offer you under a separate written agreement, and supersede any prior agreement.

For any inquiries related to these Conditions, or to exercise any of the rights recognized to you by law, please contact us at info@smartfense.com