Terms of Use

2. Definitions

For the purposes of these Terms, the following definitions apply:

• “Company,” “we,” “our,” or “us” refers to MuSigmas, a company registered in Spain.
• “User,” “you,” or “your” refers to any individual or entity that accesses or uses our website or Services.
• “Website” refers to www.musigmas.com and all related web pages, content, features, and functionality.
• “Services” refers to all services, features, content, applications, and functionality provided through our website.
• “Content” refers to all text, graphics, images, logos, icons, audio, video, software, code, and other materials available on our website.
• “User Content” refers to any content, information, or materials that you submit, post, upload, or transmit through our website or Services.
• “Intellectual Property” refers to all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and proprietary rights.

3. Use of Website and Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services for your personal or internal business purposes, provided that:

• You use our website and Services only for lawful purposes and in accordance with these Terms
• You do not violate any applicable laws, regulations, or third-party rights
• You do not interfere with or disrupt the operation of our website or Services
• You do not attempt to gain unauthorized access to our website, Services, or related systems
• You do not use our website or Services to transmit any harmful, malicious, or illegal content

3.2 Account Registration

Some features of our website or Services may require you to create an account or register. If you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information to keep it accurate, current, and complete
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if you violate these Terms or if we suspect fraudulent, abusive, or illegal activity.

3.3 Changes to Website and Services

We reserve the right to modify, suspend, or discontinue any part of our website or Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our website or Services.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All Content on our website, including but not limited to text, graphics, logos, icons, images, audio, video, software, code, and the compilation thereof, is the property of MuSigmas or its content suppliers and is protected by copyright, trademark, trade secret, and other intellectual property laws.

Ownership: You acknowledge that all intellectual property rights in our website, Services, and Content are owned by MuSigmas or its licensors. Nothing in these Terms grants you any right, title, or interest in or to our intellectual property.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view our Content for your personal or internal business purposes. This license does not include the right to:

• Reproduce, copy, modify, or create derivative works of our Content
• Distribute, publish, transmit, or publicly display our Content
• Use our Content for commercial purposes without our prior written consent
• Remove any copyright, trademark, or other proprietary notices from our Content
• Reverse engineer, decompile, or disassemble any software or code on our website

4.3 Trademarks

The MuSigmas name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MuSigmas or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our website are the trademarks of their respective owners.

4.4 User Content

If you submit, post, upload, or transmit any User Content through our website or Services, you retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to:

• Use, reproduce, modify, adapt, publish, translate, and distribute your User Content
• Create derivative works from your User Content
• Display and perform your User Content publicly
• Use your User Content for any purpose, including commercial purposes

Representations and Warranties: By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to grant the license described above
• Your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Your User Content does not contain any harmful, malicious, or illegal content
• Your User Content complies with all applicable laws and regulations

5. Prohibited Uses

You agree not to use our website or Services in any way that:

5.1 Illegal Activities

• Violates any applicable laws, regulations, or legal requirements
• Infringes upon or violates the rights of others, including intellectual property rights, privacy rights, or publicity rights
• Involves fraud, deception, or misrepresentation
• Involves the transmission of harmful, malicious, or illegal content

5.2 Harmful Activities

• Introduces viruses, malware, or other harmful code to our website or Services
• Attempts to gain unauthorized access to our website, Services, or related systems
• Interferes with or disrupts the operation of our website or Services
• Overloads, floods, or spams our website or Services
• Uses automated systems, bots, or scripts to access or interact with our website or Services without our prior written consent

5.3 Prohibited Content

• Content that is defamatory, libelous, obscene, pornographic, or offensive
• Content that promotes violence, hatred, or discrimination
• Content that contains personal information about others without their consent
• Content that violates any third-party rights or applicable laws

5.4 Commercial Use

• Using our website or Services for commercial purposes without our prior written consent
• Collecting or harvesting information about other users without their consent
• Using our website or Services to send unsolicited communications or spam
• Reselling or redistributing our Content or Services without our prior written consent

Enforcement: We reserve the right to investigate and take appropriate legal action against anyone who violates these Terms, including but not limited to removing User Content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

6. Disclaimers

6.1 Website Availability

We strive to provide continuous and reliable access to our website and Services, but we do not guarantee that our website or Services will be available at all times or free from errors, interruptions, or defects. We reserve the right to modify, suspend, or discontinue any part of our website or Services at any time, with or without notice.

6.2 Content Accuracy

While we strive to provide accurate and up-to-date information on our website, we do not warrant or guarantee the accuracy, completeness, or timeliness of any Content on our website. Content is provided for general information purposes only and should not be relied upon as professional advice.

6.3 Professional Advice

The Content on our website is provided for general information purposes only and does not constitute professional advice, including but not limited to legal, financial, medical, or professional advice. You should consult with qualified professionals for advice specific to your situation.

6.4 Third-Party Content

Our website may contain links to third-party websites, content, or services. We do not endorse, control, or assume responsibility for any third-party websites, content, or services. Your use of third-party websites, content, or services is at your own risk and subject to the terms and conditions of such third parties.

6.5 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

7. Limitation of Liability

7.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSIGMAS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

7.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

7.4 Essential Purpose

The limitations and exclusions set forth in this section are fundamental elements of the basis of the bargain between you and us. Our website and Services would not be provided without such limitations and exclusions.

8. Indemnification

You agree to indemnify, defend, and hold harmless MuSigmas, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising out of or relating to:

• Your use of or inability to use our website or Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Your violation of any applicable laws or regulations
• Your User Content or any content you submit, post, upload, or transmit through our website or Services

Cooperation: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Links to Third-Party Websites

Our website may contain links to third-party websites, content, or services that are not owned or controlled by MuSigmas. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, content, or services.

No Endorsement: The inclusion of any link on our website does not imply endorsement by MuSigmas of the linked website, content, or service. You acknowledge and agree that MuSigmas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites, content, or services.

Your Responsibility: We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, content, or services that you visit or use.

10. Modifications to Terms

We reserve the right to modify these Terms at any time, with or without notice. We will notify you of any material changes to these Terms by:

• Posting the updated Terms on our website with a new “Last Updated” date
• Displaying a notice on our website when you visit
• Sending you an email notification if you have provided your email address

Material Changes: We will notify you of any material changes to these Terms, including but not limited to:

• Changes to your rights or obligations
• Changes to our rights or obligations
• Changes to dispute resolution procedures
• Changes to governing law or jurisdiction

Continued Use: Your continued use of our website or Services after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with any changes, you must stop using our website or Services and contact us to terminate your account (if applicable).

Review: We encourage you to review these Terms periodically to stay informed about the terms and conditions governing your use of our website and Services. The “Last Updated” date at the bottom of these Terms indicates when they were last revised.

11. Termination

11.1 Termination by You

You may stop using our website or Services at any time. If you have created an account, you may request to terminate your account by contacting us at monalisa.roy@musigmas.com.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to our website or Services, with or without cause or notice, for any reason, including but not limited to:

• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At our sole discretion

11.3 Effect of Termination

Upon termination of your access to our website or Services:

• Your right to access and use our website or Services will immediately cease
• We may delete your account and any User Content associated with your account
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising out of or relating to these Terms or your use of our website or Services shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain. You agree to submit to the personal jurisdiction of such courts and waive any objection to the venue of such courts.

12.3 Dispute Resolution

Before filing a claim, you agree to contact us at monalisa.roy@musigmas.com to attempt to resolve the dispute informally. If we cannot resolve the dispute within sixty (60) days, either party may initiate formal legal proceedings.

12.4 Class Action Waiver

You agree that any disputes arising out of or relating to these Terms or your use of our website or Services will be resolved individually, without resort to any form of class action or representative proceeding.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and MuSigmas regarding your use of our website and Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and MuSigmas.

15. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of MuSigmas. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms or your use of our website or Services, please contact us:

• Email: monalisa.roy@musigmas.com
• Subject Line: “Terms of Use Inquiry”
• Website: www.musigmas.com
• Address: Carrer Buscarons 22, 08022 Barcelona, Spain