Law on Information Society Services (LSSI)

1. Introduction

The Website, hereinafter referred to as the RESPONSIBLE PARTY, provides users with this document to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), and to inform all users of the website about the terms of use.

Anyone accessing this website assumes the role of user, committing to the strict observance and compliance with the provisions herein, as well as any other applicable legal provision.

Mistiqa reserves the right to modify any information that may appear on the website, without any obligation to pre-notify or inform users of such modifications, considering it sufficient to publish them on the website.

2. Purpose

Through the Website, we offer Users the possibility to access information about our services.

3. Privacy and Data Processing

When accessing certain content or services requires providing personal data, Users guarantee its truthfulness, accuracy, authenticity, and validity. The company will process such data automatically, in accordance with its nature or purpose, as indicated in the Privacy Policy section.

4. Intellectual and Industrial Property

The User acknowledges and accepts that all content displayed on the Website, including but not limited to designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights and all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights over the content and/or any other elements inserted on the page, which are the exclusive property of the website and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, holding the company harmless from any claims arising from the breach of such obligations. In no case does access to the Website imply any kind of waiver, transmission, license, or total or partial transfer of such rights, unless expressly stated otherwise. The present General Conditions of Use of the Website do not grant Users any other right to use, modify, exploit, reproduce, distribute, or publicly communicate the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for that purpose by the company or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any intellectual creation existing on this Website, as well as the Website as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The Website is the owner of the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content on the Website, or in any case has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced, in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.

It is also prohibited to remove, circumvent, and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that the content may contain. The User of this Website agrees to respect the rights mentioned and to avoid any action that could harm them, reserving in any case the company the right to use any legal means or actions it deems necessary to defend its legitimate intellectual and industrial property rights.

5. User Obligations and Responsibilities

The User agrees to:

• Make proper and lawful use of the Website, as well as the contents and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Conditions of Use of the Website; (iii) generally accepted moral standards and good customs; and (iv) public order.

• Provide all the means and technical requirements necessary to access the Website.

• Provide truthful information when filling out their personal data in the forms contained on the Website and keep them updated at all times so that they reflect the actual situation of the User at any given time. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties by the information provided.

However, the User must also refrain from:

• Making unauthorized or fraudulent use of the Website and/or the content for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate, or impede the normal use of the services or the documents, files, and all kinds of content stored on any computer equipment.

• Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for such access.

• Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.

• Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers, or third parties.

• Attempting to access, use, and/or manipulate the company's data, third-party providers, and other Users.

• Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorization is obtained from the owner of the corresponding rights or it is legally permitted.

• Removing, hiding, or manipulating intellectual or industrial property rights notices and other data identifying the rights of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted in the content.

• Obtaining or attempting to obtain the content using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, those that are normally used on the Internet for not entailing a risk of damage or disabling the Website and/or the content.

In particular, and merely as an example and without limitation, the User agrees not to transmit, distribute, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:

• In any way is contrary to, disregards, or undermines fundamental rights and public freedoms constitutionally recognized, in international treaties, and in other applicable legislation.

• Induces, incites, or promotes criminal, slanderous, defamatory, violent actions or, in general, actions contrary to the law, morality, generally accepted good customs, or public order.

• Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.

• Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morality, and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.

• Induces or incites to engage in dangerous, risky, or harmful practices for health and psychological balance.

• Is protected by the legislation on intellectual or industrial protection belonging to the company or third parties without having been authorized for the intended use.

• Is contrary to the honor, personal and family privacy, or the self-image of individuals.

• Constitutes any type of advertising.

• Includes any type of virus or program that prevents the normal operation of the Website.

If a password is provided to access some of the services and/or content of the Website, the User is obligated to use it diligently, keeping it secret at all times. Consequently, the User will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, either temporarily or permanently, nor to allow access to the mentioned services and/or content by unauthorized persons. Likewise, the User agrees to notify the company of any fact that may constitute an improper use of their password, such as, for example, theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, while not notifying the company of such facts, the company will be exempt from any liability arising from the misuse of the password, with the User being responsible for any illegal use of the content and/or services of the Website by any unauthorized third party. If the User negligently or willfully breaches any of the obligations set forth in these General Conditions of Use, they will be liable for all damages that may result from such breach to the company.

6. Responsibilities

Access to the website is not guaranteed continuously, nor the correct visualization, download, or usefulness of the elements and information contained on the website that may be impeded, hindered, or interrupted by factors or circumstances beyond their control. The company is not responsible for the decisions that could be taken as a result of access to the contents or information offered.

The service may be interrupted, or the relationship with the User may be terminated immediately, if it is detected that a use of the Website, or any of the services offered therein, is contrary to these General Conditions of Use. The company is not responsible for damages, losses, claims, or expenses resulting from the use of the Website.

It will only be responsible for removing, as soon as possible, the content that may cause such damages, provided that this is notified. In particular, the company will not be responsible for damages that may arise, among others, from:

• Interferences, interruptions, failures, omissions, telephone malfunctions, delays, blockages, or disconnections in the functioning of the electronic system, caused by deficiencies, overloading, and errors in telecommunications lines and networks, or any other cause beyond the control of the company.

• Unauthorized intrusions through the use of malware of any kind and through any means of communication, such as computer viruses or any other.

• Improper or inappropriate use of the Website.

• Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The administrators of the company reserve the right to remove, in whole or in part, any content or information present on the Website.

The company excludes any liability for damages of any nature that could be due to the misuse of the freely available services and the use by Users of the Website. Likewise, the company is exempt from any liability for the content and information that may be received as a result of the forms of data collection, being the same only for the provision of consulting and doubt resolution services. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed for damages or losses caused.

The User will defend, indemnify, and hold the company harmless from any damages arising from claims, actions, or demands from third parties as a result of their access to or use of the Website. Likewise, the User agrees to indemnify the company against any damages arising from their use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data or any other action on their part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, even through a hyperlink or hyperlink, the Website, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file.

The Website may include links to other websites managed by third parties, to facilitate the User's access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor is it in a position of guarantor or provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the company recommends that website or its services or products; (ii) may not misrepresent their relationship with the company or state that the company has authorized such a link, nor include trademarks, names, trade names, logos, or other distinctive signs of the company; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race, or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website's own address, without allowing the website making the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the Website's pages. The company may request, at any time, to remove any link to the Website, after which it must immediately proceed to remove it.

The company cannot control the information, content, products, or services provided by other websites that have established links to the Website.

8. Data Protection

To use some of the Services, Users must previously provide certain personal data. For this purpose, the company will automatically process personal data in compliance with the GDPR and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights. For this purpose, the User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

9. Cookies

The company reserves the right to use “cookie” technology to recognize Users as frequent Users and personalize their use of the Website by pre-selecting their language or more desired or specific content.

Cookies collect the IP address of the User, Google being responsible for the processing of this information.

Cookies are files sent to a browser, by a web server, to record the User's browsing on the Website when the User allows their reception. If the User wishes to delete or disable cookies, they can do so from the browser settings.

10. Duration and Termination

The provision of the service of this Website and the other services are, in principle, indefinite. However, the company may terminate or suspend any of the portal's services. When this is possible, the company will announce the termination or suspension of the provision of the determined service.

11. Declarations and Warranties

In general, the contents and services offered on the Website are for information purposes only. Therefore, by offering them, no guarantee or declaration is given regarding the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that by law such declarations and warranties cannot be excluded.

12. Force Majeure

The company will not be responsible in any case for the impossibility of providing service, if it is due to prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts, and omissions of the Government, and, in general, all cases of force majeure or fortuitous events.

13. Dispute Resolution. Applicable Law and Jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. Any dispute will be resolved before the courts of the company’s registered office.

In the event that any provision of these General Conditions of Use is unenforceable or void by virtue of applicable law or as a result of a judicial or administrative resolution, such unenforceability or nullity will not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to amend or replace said provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and claim reflected in the original provision.