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Legal Notice of Metricool
Through the Website, the online hiring of a social media and digital advertising management tool is promoted and allowed. Its most outstanding features are the evolution metrics, social media planning, automated performance reports, and the possibility of creating advertising campaigns from the platform itself (hereinafter, Metricool).
1. Metricool Holder
The owner of Metricool is the mercantile company METRICOOL SOFTWARE, SL, with registered office at C / Téllez, nº 12, Entreplanta H, 28007, Madrid- Spain, with NIF: B87527115 (VAT: ESB87527115), duly registered in the Madrid Mercantile Registry, Volume 34.491, Folio 123, Section 8, Page M-620.321. Hereinafter, METRICOOL SOFTWARE. METRICOOL SOFTWARE can be contacted directly and effectively at the email address: [email protected].
2. Freemium service
Metricool’s services are offered under the freemium formula, consisting of providing free basic services, while other more advanced or special services are subject to the payment of a consideration, in accordance with the provisions of Metricool’s Terms and Conditions.
3. Veracity of the data provided
the user (understood in these conditions as any natural or legal person interested in hiring Metricool’s services) is solely responsible for ensuring that the data provided is up-to-date and complete, accurate, and truthful. METRICOOL SOFTWARE declines any responsibility for the breach of such requirements for the data provided by the user.
4. Use of Metricool
4.1. Language: The website content can be found in Spanish, English, and French.
4.2. Proper use of Metricool: the user undertakes at all times to make appropriate use of the resources that METRICOOL SOFTWARE makes available to them, by the provisions herein and respecting at all times morality, public order, good customs, and current legislation, without causing damage to the physical and logical systems of METRICOOL SOFTWARE or third parties, refraining from using such resources to engage in illegal activities, contrary to good faith or public order, to spread computer viruses or any other physical or logical systems that are likely to cause damage.
The use of screen scraping, web scraping, or any other programming technique or any other nature that allows the extraction of information or data hosted, stored, or accessible in Metricool without express written authorization from METRICOOL SOFTWARE is expressly prohibited.
4.3. User participation: In the event that through Metricool the participation is allowed through the publication of comments or the generation of content, it is forbidden to disseminate content or propaganda of an illicit, racist, xenophobic nature, of apology for terrorism, an attack against human rights or that incites hatred, violates the dignity of the person, or is libelous, slanderous or against public order or safety.
METRICOOL SOFTWARE reserves the right to withdraw all comments and/or content that violate the foregoing or not suitable for publication on the Platform.
In any case, METRICOOL SOFTWARE will not be responsible for the opinions expressed or for the content published by users through forums, chats, blogs, or other participation tools that may be created, except as expressly provided for by the applicable regulations.
5. Interruptions in the operation of Metricool
METRICOOL SOFTWARE does not guarantee that there will not be interruptions or errors in the access to Metricool. However, as soon as METRICOOL SOFTWARE becomes aware of such incidents, there is a firm commitment to carry out all actions aimed at their restoration or repair, except for the concurrence of causes beyond METRICOOL SOFTWARE that make it impossible or difficult to execute.
6. Disclaimer
Unless the present conditions or the applicable legislation expressly impose the opposite and, exclusively, to the extent and scope to which it is imposed, METRICOOL SOFTWARE will only be liable for direct damages suffered by the user, and only the causes are attributable to the operation of the Metricool platform.
METRICOOL SOFTWARE will not assume any responsibility:
- For problems derived from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond their control or from causes that could not have been foreseen by the parties or that, even being foreseeable, METRICOOL SOFTWARE has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure.
- For damages of any nature that may be caused to the physical (Hardware) and logical (Software) systems of the user or to the files or documents stored therein, as a consequence of the presence of viruses on the user’s device or a malfunction or use of an outdated version of your browser.
- Due to the lack of veracity, accuracy, and/or validity of the data entered by the user. METRICOOL SOFTWARE has no obligation to monitor such data and/or information either before, during, or after its storage in Metricool.
- For the actions or omissions directly attributable to the user or third parties that depend directly on it.
- Due to the fact that the service does not meet the user’s expectations or needs due to capital gains or losses in the user’s activity, as it is up to the user to assess whether Metricool is useful for their purposes before its use.
- For the breach of the obligations incumbent on the user.
7. Intellectual and Industrial Property
All the elements and/or contents published by Metricool have been created by METRICOOL SOFTWARE or it has a license or authorization for their use.
Therefore, all those elements and/or contents (such as images, audio, video, software or texts; brands or logos, color combinations, structure and design, applications necessary for its operation, access and use, etc.) and the exploitation rights over them are the exclusive property of METRICOOL SOFTWARE.
The reproduction, distribution, public communication – including the method of making it available – and the transformation, of all or part of the contents of Metricool, in any medium and by any technical means, is strictly prohibited without prior express authorization and by written by METRICOOL SOFTWARE.
In case of carrying out any of the prohibited actions indicated, those exclusive rights of intellectual or industrial property that correspond to METRICOOL SOFTWARE will be violated. Therefore, the user undertakes to respect such rights, also refraining from deleting, altering, evading, or manipulating any protection device or security system that was installed on the pages owned by METRICOOL SOFTWARE.
METRICOOL SOFTWARE offers the possibility of reporting any kind of violation of rights by any user or third party for any reason, communicating such circumstances by sending an email to the address indicated above.
8. Links Policy
8.1. Links from other websites:
If it is intended to establish a link from a web page of another Internet portal to any of the METRICOOL SOFTWARE web pages, the following conditions must be met:
The total or partial reproduction of any of the website’s services or contents, or the establishment of deep-links, IMG or image links, or frames with the Website is not allowed without prior express written authorization.
- No false, inaccurate, or incorrect manifestation will be made on the Website, nor on the services or contents thereof. Except for those signs that are part of the link, the web page on which it is established will not contain any brand, commercial name, establishment label, name, logo, slogan, or other distinctive signs belonging to METRICOOL SOFTWARE, unless expressly authorized by the latter.
- The establishment of the link will not imply the existence of any relationship between METRICOOL SOFTWARE and the owner of the website or portal from which it is made, nor the knowledge and acceptance of METRICOOL SOFTWARE of the services and content offered on said website or portal.
- METRICOOL SOFTWARE will not be responsible for the content or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.
8.2. Links to other websites: The METRICOOL SOFTWARE website may make available to the user links to other websites managed and controlled by third parties, with the exclusive objective of facilitating the search for information, content, and services on the Internet for users, without in any case being considered that METRICOOL SOFTWARE markets, directs, controls or owns the content, services, information and statements available on those websites.
METRICOOL SOFTWARE does not assume any type of responsibility, even indirectly or subsidiary, for the content, information, communications, opinions, or services linked from those websites not managed by METRICOOL SOFTWARE and that are accessible through the Web, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the user’s documents or files, excluding any responsibility for damages of any kind caused to the user for this reason.
9. Breach. Right of Exclusion
Any breach of these terms of use will be subject to prosecution, as well as any improper use of the Web, with METRICOOL SOFTWARE being able to exercise whatever legal actions it may have in defense of its legitimate interests.
METRICOOL SOFTWARE reserves the right to deny or withdraw access to Metricool, without the need for prior notice, at its own request or by a third party, to those users who breach the terms and conditions of use of Metricool without prejudice to informing the authorities of any illegal behavior of the user.
10. Personal data protection
At METRICOOL SOFTWARE we are committed to complying with Spanish regulations for the protection of personal data, and we guarantee full compliance with the obligations set forth, as well as the implementation of the security measures set forth in Regulation (EU) 2016/679 of the Parliament and the Council of April 27, 2016, and Law 41/2002 of November 14.
METRICOOL SOFTWARE makes its Privacy Policy available to users, in which all the information regarding the processing of their data is collected, and among other aspects:
- Data of the person responsible for the treatment.
- Data processed.
- Purpose and legal basis of the treatment
- Rights that assist every user and the procedure to exercise them.
11. Modification of these terms
METRICOOL SOFTWARE may modify the terms determined here at any time, being duly published as they appear here. The validity of the aforementioned terms of use will depend on their exposure and will be in force until they are modified by others duly published.
12. Applicable law
These terms of use will be governed by Spanish law, although the choice of law does not prevent you from invoking the protection offered by the mandatory provisions of the Law of your habitual residence in the event that you hold the status of consumer or user.
Updated January the 5th, 2021