Here you can find legal stuff related to our products and services
Last version: August the 5th, 2020
This text contains the terms and conditions that regulate the relationship between us, StockCrowd Fanraising, S.L. (“StockCrowd” or “we”) and/or our affiliates (the “StockCrowd Group”) and you (the “Customer” or “you”). You must accept the terms and conditions that we provide below in order to sign up for our services that allow you to create fundraising Campaigns on websites and digital channels by using cloud software tools and subsequently posting them on your website, including, if need be, other services.
These terms and conditions form part of the Software as a Service (“SaaS”) Agreement that also includes the Special Terms and Conditions in any subscription services contracted and any other document you sign with the StockCrowd Group in which it is expressly stated that it forms part of this Agreement (together, the “Agreement”). Any reference in this Agreement to “StockCrowd” or the “StockCrowd Group” will refer to the company with which you enter into the Agreement pursuant to section 12.
This document is divided according to the following structure:
StockCrowd reserves the right to unilaterally modify this Agreement according to legislative amendments or changes in its policy. You will be notified of the modifications through your email address you have assigned when signing this Agreement. Continuing to use the service implies tacit acceptance of the modifications to the terms and conditions thereof.
The formalities for acceptance of this Agreement will take place remotely through electronic means, and accordingly will be valid and binding on the date the Customer accepts such terms and conditions by clicking on the icon shown on StockCrowd’s website or, if the Customer signs up to the services by email, by clicking on the relevant button(s) included in the email received by the Customer.
This means the set of tools used to connect to StockCrowd’s services on the Platform.
This corresponds to the contents created by the Customer through the Platform in order to obtain financing for one or several projects for the purpose of the Customer raising funds through its community through donations, rewards, auctions and/or any other kind of participative financing that is not included in or subject to specific regulation or supervision by a State institution.
This is the technical, strategic, financial or commercial information or information of any other kind including, among others, information about customers, workers, technical graphics, marketing, advertising, software, ideas, discoveries, inventions, technical and functional specifications, formulae, designs, drawings, drafts, models, studies or analyses and any other kind of device and/or software, provided and disclosed by one party to the other on any kind of device or verbally, except information that is in the public domain at the time it is provided to the other party or once the information provided has become public, without the provisions in this Agreement being breached for such purpose, including its publication in the contents of the Campaign.
These are the consulting and digital marketing services rendered by StockCrowd to the Customer related to developing fundraising projects and their subsequent implementation, due to the Customer expressly signing up for such services. For such purpose, the Consulting Services will be estimated and must be expressly accepted by the Customer in the Quote.
This means the natural or legal person that has signed up for the Software and is authorised to access and use the StockCrowd Platform to create its own Campaigns and that undertakes the obligations stipulated in this Agreement.
This refers to the service offered by StockCrowd as defined in section 2.1 of these terms and conditions.
Special Terms and Conditions or Quote
This means the special sign-up terms and conditions for this Agreement, including the tariff contracted by the Customer and the economic terms and additional services.
This is the operating system and applications developed and owned by StockCrowd to create StockCrowd Platform that enables the Customer to create the fundraising Campaign(s) and post them on the website specified by the Customer, according to the terms and conditions in this Agreement.
This refers to the space provided by StockCrowd in order to create your Campaign using the SaaS Software, along with the trademarks and the set of APIs, plug-ins, code, specifications, documents, technologies and services required to render the services referred to in this Agreement.
These are the natural persons authorised by the Customer to use the SaaS Software.
2.1. The object of this Agreement is to render, grant and regulate the following:
This means that when signing up for any of our subscriptions and by signing the Agreement, you may carry out the following:
The Customer will be the one that fully creates the content of the Campaigns through the StockCrowd Platform, which will be posted on the websites and digital channels specified by the Customer.
The Customer will also be responsible for embedding the Campaigns created on the Platform on its website by embedding an iFrame with an insert code that will be accessible from StockCrowd’s back-office or by downloading a HTML file that will enable the Customer to execute the Campaign as a single page application (“SPA”), unless agreed otherwise in the Special Terms and Conditions.
The Customer can sign up for the Consulting Services with the scope, fees and others conditions to be agreed in the Special Terms and Conditions.
The Consulting Services will always be remotely rendered at distance. If the Customer wishes to obtain the training included in the Consulting Services in situ, the corresponding expenses, which will be notified by StockCrowd, shall be borne by the Customer.
With the service that we offer, you will be the one to create and manage the Campaigns that will be posted on your website and/or digital channels. StockCrowd will provide you with access to its Platform and the right to use it and you must post the Campaign(s) on your website and manage them.
Apart from the subscription you choose, you can also sign up for additional specialised Consulting Services that will help you develop and implement your Campaign.
The Parties agree that rendering the service for use of the SaaS Software includes all the upgrades and/or updates of such SaaS Software that, at any time, are available and that may be developed within the framework of this Agreement. The SaaS Software will be upgraded and updated on the StockCrowd Platform and, in this respect, if need be, the Customer must update the files for its Campaigns.
StockCrowd also undertakes to deal with any incidents or errors that occur when rendering the services pursuant to the service level agreement (“SLA”), according to the terms and conditions included in section 5 of this Agreement.
StockCrowd will provide the Customer with access to the StockCrowd academy, which consists of a support webpage related to the use of StockCrowd’s software: https://academy.stockcrowd.com.
The SaaS Software includes all the upgrades and/or updates.
StockCrowd will offer a service level according to the terms and conditions included in section 5 of this Agreement
You will also have access to the StockCrowd academy to learn how to use the Platform: https://academy.stockcrowd.com.
StockCrowd grants the Customer, which hereby accepts, a non-exclusive licence for the Trademarks provided on the Platform (hereinafter referred to as “StockCrowd’s Trademarks”), with a worldwide scope for no additional consideration, which cannot be sub-licensed, assigned or transferred. The licence will be for the same term as the term of this Agreement and the trademarks may only be used according to the provisions in section 3.2 of this Agreement.
According to these terms and conditions, you must use our trademarks in your Campaigns pursuant to the provisions in the following section 3 regarding the Campaign.
The Customer undertakes to use the StockCrowd Platform according to the terms and conditions in this Agreement and pursuant to the terms and conditions posted on StockCrowd’s website.
The Customer also represents and guarantees to use the StockCrowd Platform pursuant to the laws, rules and regulations that may be applicable from time to time.
The Customer acknowledges to use the Service and StockCrowd Platform solely include the purposes specified in this Agreement and, according to the provisions in the applicable laws on Intellectual Property, it is prohibited to directly or indirectly develop software or technology that implies a partial or full copy of the SaaS Software and/or the StockCrowd Platform or the functions of the aforementioned SaaS Software, reverse engineer, decompile, disassemble, reproduce, translate, modify, create a version of, market, duplicate, remove, convert or transfer to any person or enterprise any ownership disclaimer or application labels, logic diagrams, source codes, data object and/or model, either partially or fully, in any manner or by any means whatsoever, whether mechanical, magnetic, by photocopying or any other means.
The Customer also undertakes not to use the StockCrowd Platform for a purpose or in a manner that could be considered illegal or is prohibited pursuant to the provisions in this document and it will not upload any viruses or malicious code, nor perform any activities that could disable, overload or alter the correct functioning of the StockCrowd Platform, such as automated systems (robots, offline readers, etc.). The Customer may not use the StockCrowd Platform if the applicable laws in its country of residence or the country from where it is accessed prevent access to the Platform and the use thereof.
Apart from the provisions herein, the Customer undertakes to abide by the terms and conditions for use posted on StockCrowd’s website.
If the Customer commits any of the aforementioned prohibited uses, its account will be immediately suspended and the Campaign created, according to section 3.1, will be cancelled, pursuant to the laws in force from time to time.
You undertake to use both the Service we render to you and the StockCrowd Platform and any other services provided in accordance with the Agreement and applicable law.
The following shall be deemed as prohibited uses, inter alia:
You must also abide by the terms and conditions for use that you can find by clicking on the following link: “Click here”.
The Customer shall be the only one responsible for creating the Campaigns for its company on the StockCrowd Platform, according to the templates available from time to time on the StockCrowd Platform. The Parties may agree on additional templates to those offered on the StockCrowd Platform, whenever their contracting is expressly included in the Quote.
The contents of the Campaigns must be decided by the Customer. Therefore, the Customer acknowledges and accepts that the information included in the contents of the Campaigns will be available to the general public and the Customer will be the only party responsible for their content.
This means that the service we render to you consists of access to and use of the Platform, but you are the one that must create the Campaign that you wish to launch, according to your own taste, using the templates available on the Platform. We can add further templates providing we have agreed on this, which shall be subject to additional fees.
Since you are the one that will launch the Campaign, all its contents will be your responsibility. In other words, we have no involvement in the Campaign you create or the contents thereof.
For such purpose, the Customer expressly represents and guarantees that it is the holder and/or licensee of the intellectual and industrial property rights that form part of the contents of the Campaigns and will comply with the applicable laws and/or the obligations and/or commitments undertaken with third parties. If the information in the Campaign includes any information related to any person or enterprise other than the Parties, the Customer represents and guarantees that it has previously obtained the relevant express authorisation to be able to publish it and, any obligation, inter alia, for confidentiality or duty of secrecy that could be applicable to the contents subject to publication, will be deemed null and void. The Customer also represents and guarantees that both the information published in the Campaign and that, if any, provided to StockCrowd does not infringe any legally or contractually applicable and enforceable privacy, confidentiality or secrecy obligation whatsoever.
The Customer must indemnify and hold StockCrowd, its executives and employees harmless for any claim, penalty, case or dispute that could arise related to the actions, contents and/or information related to the Campaigns or the use thereof; therefore, the Customer accepts to compensate and hold the StockCrowd Group, its directors, partners, executives and employees harmless for any liability caused by damages, losses and expenses of any kind (including reasonable court costs and fees) related to any claim, case or dispute.
StockCrowd reserves the right to cancel a Campaign, even if it has already been launched and/or is in force, if there are signs or knowledge that the activity and/or material posted by the Customer violates human rights, third-parties rights, industrial and intellectual property, personal data protection rights or is against general interest and/or does not fulfil the law in force from time to time, or even if it detects that socially irresponsible, misleading, discriminatory, fraudulent and/or negative conduct has been committed that could imply risks to StockCrowd’s prestige or any other act that could harm the interests of StockCrowd or another enterprise.
If the Customer includes connections or links to other portals or websites not managed by StockCrowd, StockCrowd hereby states that it has no control whatsoever over such portals or websites nor is it responsible for their contents. Under no circumstances may the aforementioned links be considered a recommendation, sponsorship or distribution by StockCrowd of the information, products and/or services or, in general terms, the contents offered by third parties or in any manner disclosed thereby.
By virtue of these terms and conditions, you guarantee that all the information and/or content you include in your Campaigns does not infringe any obligations undertaken with third parties, that you are the owner thereof or that you have obtained the required permissions to be able to use and publish it.
StockCrowd may cancel one or several Campaigns at any time if there are signs that the object and/or material published in the Campaign could contain material that the Customer is not entitled to use, infringes the law in force, is against public interest or could harm our prestige or interests.
The Customer will choose the online payment method available on the StockCrowd Platform to activate it in its Campaign. Therefore, the Customer will directly contract such service from the provider of the payment method.
The Customer will be the only one responsible for providing information about the tax treatment of the Campaign and, if need be, for issuing and sending the tax certificates for each donation to each of its Users. The StockCrowd Platform enables the Customer to generate an electronic version of the tax certificates. Therefore, StockCrowd‘s involvement is limited to allowing the Customer to access information and generate tax certificates based on the guidelines and information provided by the Users and/or the Customer; therefore the StockCrowd Group does not accept any responsibility for the information provided nor for the fulfilment of the tax obligations by the Customer.
The Parties agree that StockCrowd’s Trademarks must be used by the Customer when publishing its Campaigns, for such purpose the Customer undertakes: (i) to publish the Campaign using StockCrowd’s Trademarks; and (ii) to embed StockCrowd’s web widget on its website.
As we have mentioned in the previous section, you are entitled to use our trademarks and you must include them when publishing your Campaign. Moreover, if your campaign includes third parties’ icons (Facebook, twitter, some trademarks, etc.), you must include our trademark among them.
You can find the trademarks you can use on the Platform.
The Users of the Campaigns published by the Customer shall only hold a legal relationship with the Customer, which will be governed by the terms and conditions stipulated and published in the Campaign, according to which the User must accept the terms and conditions of the Campaign, which must include a disclaimer of third party liability in relation to each Campaign published by the Customer on the Platform.
The users of the Campaigns (i.e. the end recipients) will only have a relationship with you. You must determine with them the terms and conditions you consider appropriate, which must always include a provision in which it is agreed to hold us harmless for all liability, as accepted in this Agreement, in particular in these terms and conditions and the service level agreement.
The Customer expressly authorises the reference of its position as a customer to be included in StockCrowd’s portfolio, the latter being able to reproduce the Customer’s trademarks and logos for this sole purpose, both on its website and in the presentations and documents provided to other potential customers, whenever the Customer does not notify its express opposition in this respect.
The Parties are also authorised to publish the customary advertisements in the publications of their choice providing information about the services they render, at their own expense, risk and venture, providing the contents of the publications have been approved by both Parties. In any case, the Customer undertakes to mention that the Campaign has been created using the StockCrowd Platform in the press releases and media in which it publishes such Campaign, unless StockCrowd notifies its express opposition thereto.
StockCrowd may use the contents of any of the Customer’s Campaigns as a business case, providing these contents have been previously approved between the Parties.
For the avoidance of doubt, it is hereby stated that StockCrowd is under no obligation to carry out any promotional or publication activity for the Campaigns, unless this has been agreed in the Special Terms and Conditions or afterwards in writing between the Parties.
Unless you inform us otherwise, your name and trademarks may be included on our website and/or in other documents we could provide to potential customers.
Moreover, both of us may publish advertisements about the Campaigns in the media we consider appropriate, both of us needing to approve the advertisement that will be published. If you are the one publishing the advertisement, you must always mention that you have launched the Campaign through our Platform.
The Customer may choose one of the following subscriptions for the use of the StockCrowd Platform: (i) basic, (ii) premium, (iii) enterprise or (iv) institutional. To see the contents of each of them Click here (these terms will apply only in the jurisdictions set forth under the link therein).
The fees for the service will be specified in the Quote.
The fees consist of the following:
The abovementioned fees will be calculated and billed in the currency stated in the Quote as follows:
The Set-Up and Monthly Fee will be payable regardless of the Customer’s use of the Platform; therefore, your tariff will never decrease, regardless of the use you may make thereof. The fees will also be increased every year by five per cent (5%) compared with the fees in force in the month before the extension of the Agreement. However, in any case, StockCrowd may adjust the fees whenever the scope of the planned services varies and such changes must be agreed by accepting a Quote or by updating the Special Terms and Conditions.
The terms of payment are those stipulated in the Special Terms and Conditions. StockCrowd will issue the relevant invoices to the Customer for the fees payable according to the provisions in this section, which must meet the requirements stipulated in the applicable law. By signing this Agreement, the Customer approves and grants its express consent to receive the invoices by telematics channels.
In the first year the Agreement is in force, the Customer may not change the tariff contracted to a tariff that offers fewer services than the one in force. It will hence be the Customer’s responsibility to decide on the tariff that is most in line with its needs. Once the first year of the valid term has expired, the Customer may change the contracted tariff. Any change in the contracted tariff must be notified by the Customer to StockCrowd at the following email address: email@example.com, within the first fifteen (15) days of each month, the new tariff being applicable in the month after its acceptance. These terms and conditions shall also be applicable to the new tariff contracted.
The aforementioned tariffs of StockCrowd exclude any taxes or rates that are levied in the jurisdiction where they must be paid or received; therefore, the corresponding tax rate according to the applicable tax laws in force from time to time will be added to the agreed tariffs and fees. The Customer hence accepts to pay the taxes related to StockCrowd’s services. We hereby inform you that the Value Added Tax (VAT) will be added to the tariffs for customers residing in Spain. The VAT will not be added if the Customer resides in the European Union and the services are billed by the company StockCrowd Fanraising, S.L. because we presume you are registered for VAT purposes in your Member State and you must provide us with your VAT registration number under which you are registered.
The Customer undertakes to pay such fees net of taxes. StockCrowd and the Customer will collaborate to ensure the tax exemption and/or reduction (withholding) are obtained in the relevant jurisdiction. In addition, StockCrowd may request the Customer for documents proving payment of such withholdings before the competent authorities.
In the case of default by the Customer, StockCrowd will request the Customer to pay the whole of the outstanding amount within a maximum term of thirty (30) days. If the invoices have not been paid when such term has expired, StockCrowd will cancel the Customer’s account and delete the contents of the Campaign/s, along with the data obtained related thereto, within a term of sixty (60) days counted from when the aforementioned term of thirty (30) days expires, all the foregoing according to section 9.2 in this Agreement.
In the case of default, the interest that is applicable to default in commercial transactions, according to the laws in force from time to time, will be added to the outstanding amounts.
StockCrowd offers the following subscription types for the use of our Platform: i) basic, (ii) premium, (iii) enterprise and (iv) institutional. Depending on the subscription you choose, you will be subject to different terms and conditions regarding the scope of the service and price. In any case, the tariffs may consist of the following fees:
The Set-Up and Monthly Fee will be payable regardless of how much you use the Platform. You will find all the information about payment and the terms and conditions thereof by clicking on the link of the various types of subscriptions and the formalities will be carried out according to the Special Terms and Conditions that you will sign when contracting our services.
Moreover, if you fail to pay the amounts within the stipulated term, we will cancel your account and destroy the contents of your campaigns within a term of sixty (60) days.
If, while your subscription lasts, you wish to sign up for additional services you can contract one of the other types of subscriptions.
|Availability||Compensation with services|
|Between 99% and 99.95%||1%|
|Between 95% and 99%||2%|
|Service Level||Compensation with services|
|Up to 2 hours||1%|
|From 2 to 4 hours||3%|
|From 4 to 6 hours||5%|
|More than 6 hours||7%|
|Priority||Type of incident||Response time|
|1 - Very serious (the software cannot be normally operated)||Up to 2 hours|
|2 - Serious (the software can be normally operated but some functions are not available)||From 2 to 4 hours|
|3 - Normal (some functionality of the software is affected, but it operates normally)||From 4 to 6 hours|
|4 - Minor (no aspect related to the normal operation of the software is affected)||After analysing the incident, StockCrowd will notify you of the estimated time for resolution|
StockCrowd offers you a guaranteed minimum service level set out in this section.
Similarly, if you have an incident, you must report it to StockCrowd within the times allowed according to the contracted tariff and StockCrowd will resolve it as soon as possible depending on how serious it is.
If the performance of the SaaS Software is not as expected, you will be granted a credit that will be compensated in the following month. You will never be paid in cash or receive monetary payment as compensation for incidents. The maximum amount of compensation will be equivalent to 60% of your Monthly Fee.
The guaranteed service levels will not be applicable if you are in arrears in your payment or the agreement has expired.
The Parties shall keep the following absolutely confidential: any information, data or materials they are aware of, are disclosed to them or that they handle in order to provide the service, except for information considered to be in the public domain. For such purpose, they undertake to handle all the information that they have access to while this Agreement is in force with the utmost confidentiality and to ensure and guarantee the secrecy of any information they obtain by virtue thereof and they may not use it for any purpose other than that specified herein.
Since the Parties could share confidential information with their employees, they agree to reinforce the confidential nature among them, being responsible for them committing any possible infringement of this obligation.
The confidentiality duty means that both parties are imposed an obligation to keep all the information, data or materials secret that are considered Confidential Information by either party and those that we could access due to you signing up for our services. Similarly, if this information is handled by either of the parties’ workers, we must ensure that they also comply with this confidentiality duty.
In addition, you guarantee that the information you publish in the Campaign you launch does not infringe any duty for confidentiality, privacy or secrecy that is legally or contractually applicable. If this occurs, you will hold all liability for any claim and must hold us harmless for such purpose.
The following shall be deemed to be exclusively owned by StockCrowd: all the texts, graphics, trademarks, user interfaces, videos, artwork, software and source code, in other words any industrial and intellectual property rights for the SaaS Software, the StockCrowd Platform and/or any related supporting material, identification symbols, banners and graphics, as well as any upgrades and updates that could be developed by StockCrowd during the valid term of this Agreement; therefore the Customer must abstain from using or registering intellectual property works, patents, trademarks and other distinctive signs related to the SaaS Software and the StockCrowd Platform in its name or in the name of any third party.
No provision in this Agreement may be implicitly or explicitly interpreted as an assignment or transfer of the industrial or intellectual property rights related to the SaaS Software as a Service and/or technology to the Customer. By virtue of this Agreement, the Customer is obliged to meticulously observe the ownership of these rights and to notify StockCrowd in writing of any infringement of these rights of which it may become aware.
The Customer undertakes to inform the Users that access the Campaign that they are prohibited from copying, modifying, distributing, transferring, reproducing, publishing, assigning or selling the aforementioned elements or creating new products or services based on the information obtained. The Customer shall not be held liable in any manner for the use made by third-party users of the Customer’s website where the campaigns are posted and the Customer shall be exonerated from any infringement or violation of StockCrowd’s rights committed by third parties.
Both the software and the StockCrowd Platform, trademarks and other elements included in the service we render belong to StockCrowd and must be used according to the provisions in these terms and conditions. Under no circumstances may you use the materials and/or elements included in this Agreement in a different way to that stipulated herein. You may neither consider that by rendering our services we are transferring any kind of rights for the software, the StockCrowd Platform, trademarks or other elements.
You must therefore inform the users of your campaigns of the owner of the services we render to you and prohibit them from using them in any manner different to that stipulated in these terms and conditions. You must inform us if you become aware of any infringement of our rights.
STOCKCROWD WILL MAKE THE SAAS SOFTWARE AND STOCKCROWD PLATFORM AVAILABLE TO THE CUSTOMER IN “AS IS” CONDITION AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITH NO EXPRESS OR IMPLICIT GUARANTEES OF ANY KIND BEING GRANTED, INCLUDING, BUT NOT LIMITED THERETO, ANY GUARANTEE OF MARKETABILITY, PATENTABILITY AND/OR FITNESS FOR A CERTAIN PURPOSE, NOR THE EXISTENCE OF DEFECTS OR ERRORS, NOR REGARDING ITS CAPACITY TO BE INTEGRATED IN A CERTAIN SYSTEM, TITLE OR THAT THEY WILL NOT INFRINGE A PATENT OR OTHER INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS HELD BY THIRD PARTIES.
STOCKCROWD SHALL NOT BE HELD LIABLE FOR ANY ERROR THAT COULD BE CAUSED BY THE STOCKCROWD PLATFORM OR DUE TO ITS USE, APART FROM THE PROVISIONS IN SECTION 5 ABOVE, EVEN IF IT CAUSES AN INTERRUPTION IN THE SERVICE RENDERED TO THE CUSTOMER OR IN CASES OF DELAYS OR MALFUNCTIONING. IT SHALL NEITHER BE HELD LIABLE FOR ANY EFFECT OR CONSEQUENCE DIRECTLY OR INDIRECTLY RELATED TO USING THE PLATFORM OR BEING UNABLE TO USE IT OR THE MALFUNCTIONING THEREOF, THE ACTIONS STEMMING FROM INCORRECT USE OF THE PROGRAM OR CLAIMS MADE BY THIRD PARTIES. IN THIS REGARD, THE CLIENT DISCLAIMS ALL RESPONSIBILITY TO STOCKCROWD REGARDING THE SERVICES THAT THE PAYMENT GATEWAY(S), FREELY CHOSEN BY THE CLIENT FROM AMONG THOSE AVAILABLE ON THE PLATFORM, PROVIDES TO THE CLIENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STOCKCROWD SHALL BE EXONERATED FROM ALL LIABILITY RELATED TO THE SERVICES RENDERED BY SUCH THIRD PARTIES FOR ANY CLAIMS OF ANY KIND AND LEGAL ACTIONS THAT COULD BE FILED RELATED THERETO.
ALTHOUGH STOCKCROWD HAS ADOPTED ALL THE APPROPRIATE MEASURES TO GUARANTEE SECURITY IN THIS RESPECT, IT DOES NOT CONTROL OR GUARANTEE THAT THERE ARE NO VIRUSES OR OTHER ELEMENTS IN THE CONTENTS THAT COULD CAUSE ALTERATIONS TO THE IT SYSTEM (SOFTWARE) OF THE CUSTOMER, THE USER OR IN THE ELECTRONIC DOCUMENTS AND FILES STORED IN THEIR IT SYSTEMS. THE CUSTOMER EXONERATES THE STOCKCROWD GROUP, ITS DIRECTORS, PARTNERS, EXECUTIVES AND EMPLOYEES FROM ALL LIABILITY FOR DAMAGES OF ANY KIND THAT COULD BE CAUSED DUE TO THE PRESENCE OF A VIRUS IN THE CONTENTS.
IF ANY OTHER REGULATION OR LAW OF COMPULSORY APPLICATION IN FAVOUR OF THE CUSTOMER PREVAILS OVER THESE TERMS AND CONDITIONS, THE PARTIES AGREE THAT THEY SHALL BE LIMITED TO THE SHORTEST PERIOD OF TIME POSSIBLE AND TO THE MINIMUM AMOUNT OF LIABILITY REQUIRED BY THAT REGULATION OR LAW.
IF STOCKCROWD HOLDS ANY LIABILITY RELATED TO THIS AGREEMENT, THE PARTIES AGREE THAT THIS SHALL BE LIMITED TO THAT STIPULATED IN SECTION 9.
UNDER NO CIRCUMSTANCES SHALL EITHER OF THE PARTIES BE HELD LIABLE IN ANY MANNER BY THE OTHER PARTY FOR ANY CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT.
By virtue of this section, you acknowledge and accept that you will receive the service we render to you “as is”, apart from the guarantees offered for service levels according to section 5.
All the foregoing includes any claims by third parties and any viruses in the programs.
You acknowledge and accept that in all cases StockCrowd’s liability may never exceed the limit stipulated in section 9.
Since rendering the services object of this Agreement means that StockCrowd must process personal information, it shall at all times comply with the data protection law in force. In its position as data processor, StockCrowd undertakes to access and process the data in accordance with the instructions provided by the data controller company. It may not use the data for any purpose apart from the one specified in this Agreement.
StockCrowd shall process the data it receives from the Customer in an aggregate and anonymous manner, being able to use them as part of the internal data processing procedures in order to improve the quality of the service StockCrowd offers. Under no circumstances may StockCrowd disclose data about the Customer or data provided by the Customer beyond what is permitted by virtue of this Agreement, nor may it provide the data to third parties unless it is legally obliged to do so.
StockCrowd shall maintain the duty of secrecy for the data provided by the Customer, even after the end of the assignment. It also expressly undertakes to ensure that the non-disclosure commitment is expressly undertaken in writing by the staff that carries out the data processing, and this commitment must be documented and provided to the Customer.
StockCrowd undertakes not to disclose to other persons or institutions the data it processes in order to fulfil this Agreement. The Customer authorises StockCrowd to use another processor (sub-processor), in order to render all or part of the service, object of this Agreement. StockCrowd undertakes to enter into a written agreement or binding legal document with the sub-processor, in which it accepts the instructions received by the company to process the personal data and undertakes the same obligations and security measures outlined in this Agreement.
StockCrowd expressly undertakes to adopt the required security measures, implementing appropriate techniques to ensure a suitable level of security based on the risk assessment conducted. StockCrowd ensures the ongoing confidentiality, integrity, availability and recovery of the processing systems and services. It must notify the Customer immediately if there is a security breach, outlining the nature of the breach, the number of data subjects concerned, the consequences, the measures adopted and the name and contact details of the Data Protection Officer, if any. StockCrowd shall provide the Customer with all the information required to prove its compliance with the data protection regulations, including inspections and audits conducted by the Customer, or any other auditor authorised thereby.
StockCrowd is obliged to immediately provide the Customer with the information it receives from any data subject in relation to exercising their rights of access, rectification, erasure and objection, restriction of processing, data portability and their right not to be subject to individualised automated decision-making.
Once the service has been rendered, the Customer may export the data provided or entered on the Platform; however, StockCrowd may keep them, providing they are previously anonymised, if liabilities could arise related to the service. This data processor agreement will remain in force for as long as the contractual relationship lasts between the signatory parties.
The data contained in this Agreement, as well as those stemming from the contractual relationship, must be processed by the parties in order to fulfil this Agreement. Similarly, such data shall be processed by StockCrowd in an aggregate and anonymous manner and they may form part of the internal data processing procedures in order to improve the services it offers. The data will be stored until the statute of limitations expires to claim liability for their processing, and they must not be assigned to third parties unless there is a legal obligation to do so. The legal basis for the data processing is to execute this Agreement. The data subject may exercise, at any time, his/her rights of access, rectification, erasure, objection, restriction and data portability. This can be carried out by sending a letter, along with a copy of an official document that identifies the data subject, to the address specified by the Customer for such purpose. If the data subject disagrees with the data processing, he/she is also entitled to submit a claim to the Spanish Data Protection Agency or the competent body, according to the applicable laws.
We will process the data to which we have access due to our relationship in an aggregate and anonymous manner in order to improve our service, pursuant to the applicable laws.
Moreover, we will adopt all the necessary measures to comply with the legal requirements related to personal data processing.
The Customer must process personal information obtained from the Campaign, and therefore undertakes to fulfil the data protection laws and regulations in force, holding the StockCrowd Group, directors, partners, executives and employees harmless for any liability.
The Customer undertakes to include the terms and conditions that will regulate its legal relationship with the User of its Campaigns. Therefore, the Customer will hold the StockCrowd Group, directors, partners, executives and employees harmless for any claims and/or penalties that the latter may incur as a result of third-party claims related to or stemming from the Campaign, and this must be stated in the Campaign’s terms and conditions.
Moreover, the Customer undertakes to inform the Users of the applicable terms and conditions stipulated in this Agreement, in particular the following, inter alia:
The following shall be deemed to be exclusively owned by StockCrowd: all the industrial and intellectual property rights for the SaaS Software, the StockCrowd Platform and/or any related supporting material, identification symbols, banners and graphics, as well as any upgrades and updates that could be developed by StockCrowd during the valid term of this Agreement; therefore, the User must abstain from using or registering in its name or the name of any third party intellectual property works, patents, trademarks and other distinctive signs related to the SaaS Software and the StockCrowd Platform that imply a full or partial copy of the SaaS Software and/or StockCrowd Platform in accordance with the provisions in the Intellectual Property Act and applicable law.
The Customer can find examples of data protection provisions on the StockCrowd Platform. However, the Customer acknowledges and accepts that it will be the only party responsible for such provisions, undertaking to check its contents in order to ensure that the text complies with the applicable laws. Therefore, the Customer shall exonerate the StockCrowd Group, directors, partners, executives and employees from all liability, undertaking to hold them harmless in this respect.
The Platform contains model provisions, however StockCrowd does not guarantee that these are correct. You must, therefore, check their contents and ensure that they comply with the applicable laws before using them.
This Agreement will come into force on the date it is signed and remain in force for one (1) year, and it may be extended indefinitely for periods of one year, unless either of the Parties, i.e. StockCrowd or the Customer, provides written notice of its intention to terminate the Agreement at least fifteen (15) days before the expiry date of its term or any of its extensions.
Therefore, the Customer must, in all cases, complete each full year for payment; hence, the full year for payment will end on the expiry date. In the event of early termination of the Agreement for any reason, the Customer must pay StockCrowd the outstanding Monthly Fees up to the time such year ends.
Notwithstanding the foregoing, both parties expressly accept that the obligations related to non-disclosure and intellectual property regulated in this Agreement, as well as the guarantees undertaken by the Customer to hold StockCrowd harmless, shall remain in force for the maximum term permitted by the law in force and, in any case, while the information remains confidential.
These terms and conditions, as well as the whole of this Agreement, will become applicable on the date any of our subscription services are contracted and will remain in force for one year. After one year, the Agreement can be extended for another year (extension) and so on, unless either of the parties notifies their intention to terminate the Agreement at least 30 days before it expires.
The obligations related to non-disclosure and intellectual property will remain in force even after the termination of the Agreement.
This Agreement will terminate upon the expiry of its valid term if the Parties decide not to extend the collaboration at the end of the term stipulated in section 9.1 or any of its extensions.
Notwithstanding the foregoing, the Parties will be authorised to terminate this Agreement immediately for any of the following reasons:
Under no circumstances may the maximum aggregate liability of StockCrowd for any claim related to this Agreement exceed the amount of the annual payment of the Monthly Fees effectively paid for the services rendered by virtue of this Agreement, except in cases of fraud or wilful misconduct.
The termination of the Agreement for any of the aforementioned reasons will also imply the automatic and immediate economic settlement of the outstanding obligations by both parties, notwithstanding the compensation for damages that could arise, if any.
Once the Agreement has been terminated, the Customer will have thirty (30) days to access its data and remove the information from the Platform. After such term has elapsed, StockCrowd will have the right to delete the information and close the Customer’s account on its Platform.
This Agreement may be terminated due to the expiry of its term, as explained in section 9.1, or due to any of the reasons outlined in this section.
If we have any liability after the termination of the agreement, we have determined the limit as the amount we receive for rendering our service, unless our action implied fraud or wilful misconduct. In any case, neither party shall be held liable for the so-called indirect damages (reflex damages or relational loss) or loss of profit (income that will not be obtained), unless industrial and intellectual property rights and data protection rights have been infringed.
Once the Agreement has been terminated for any of the reasons included in point a) to d), you must pay us the amounts owed up until such time. After thirty (30) days, the information will be deleted and your account on the Platform will be closed.
Any notices that must be provided by the parties in relation to this Agreement must be sent in writing, by email with acknowledgement of receipt, to the email addresses of the parties specified below in this section. Moreover, the parties are authorised to send notices by any registered means that guarantees receipt by the addressee and they must be sent to the addresses stated ut supra in this Agreement to the contact persons who are recorded as the parties’ legal representatives.
On behalf of the Customer: specified in the Special Terms and Conditions.
On behalf of StockCrowd: firstname.lastname@example.org.
The parties may change their address for notices by sending notification thereof to the other party at least ten (10) days before the date when the change will be applicable.
In the Special Terms and Conditions, you will inform us as to which email address you want us to send any notices related to the services. If you wish to change your email address, you must notify us 10 days before the change takes place.
The Parties may not assign any of the obligations and rights undertaken by virtue of this Agreement to any third party without the prior written consent of the other Party. Notwithstanding the foregoing, StockCrowd may fully or partially assign the rights and obligations in this Agreement to any company in its group, including its subsidiaries and affiliates, with no need to obtain the prior consent of the other Party and, in any case, notifying the Customer of such aspect.
Only you and StockCrowd can be parties to this Agreement. However, StockCrowd (we) may assign the Agreement to a company in its group, so that this company becomes a party in the Agreement instead of StockCrowd.
If any section in this Agreement is declared fully or partially null and void, such nullity and invalidity shall only affect such provision or the part thereof that is deemed null and void and the rest of the Agreement shall remain in force, with such provision or the part thereof that is deemed null and void being considered as not included. For such purpose, the Agreement shall only be deemed invalid in the cases expressly mentioned in the previous sections, as well as exclusively with respect to the null and void provision, and no other part or provision of this Agreement shall be deemed null, void, impaired or affected by such nullity or invalidity, except when it would fully affect it because it is an essential element of this Agreement.
This section is included in case any of the clauses in this Agreement is deemed null and void. In this case, such section would become invalid; however, the rest of the agreement would remain fully applicable.
The parties accept that the relationship they hold by virtue of this agreement under no circumstances implies that a company, agency, labour relationship, mandate or partnership is created and neither of them may undertake obligations of any kind on behalf of the other party without the express written consent of the latter.
Depending on the place where you are resident, you will sign this Agreement with the company in the StockCrowd Group specified below, and the terms and conditions set out in this section shall be applicable: