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Information available in Spanish / Información disponible en Español

This information is also available in Spanish.

Esta información también se encuentra disponible en Español.


This is a contract between you (the CLIENT) and us (YERBABUENA.) This contract describes the services which we are going to offer you, how we will work together, and other aspects of our business relationship. This is a legal document, so some of the terms of this contract use legal language; we have tried to make it as easy to understand as possible. These terms are important and we cannot provide you with our services unless we know that you agree to them. By using the service, you agree to the following terms:

  1. YERBABUENA's main activity is the marketing of products for document management software, and we have the expertise and equipment necessary to provide such services. YERBABUENA guarantees to have the means to perform the service, operations and everything related to its infrastructure, in strict accordance with the laws of both Spain and the European Union.
  2. You, the client, are a business which wishes to hire part of the services offered by the Supplier.
  3. Acceptance of, and access to or use of the Athento Cloud Service implies acceptance of each and every one of these conditions and that, unilaterally and at any time, may be established by YERBABUENA. It is the responsibility of the user to read the general conditions use in effect each time they access the Service, notwithstanding that such modifications may be indicated.
  4. That the parties accept and abide by the contents specified in this Agreement and the accepted sales offer detailing specific products and services contracted by the customer, describing the general terms of delivery of Athento Cloud Service. Both sections are inseparable and must be interpreted together.

That, pursuant to the foregoing, the Parties from their free and spontaneous will, accept the present general terms of delivery of the Service, subject to the following: 

 

CLAUSES

1. Aim

In virtue of the present Contract, YERBABUENA promises to provide the services set out in this contract, in the terms and conditions which are established in the Terms of Service of the Client in the present Contract.

As such, the CLIENT promises to put all needed resources in their possession to make it easier to provide service, and to meet the obligations derived from this Contract, related to duration, payment methods and dates, conditions of use of service, etc.

2. Athento

YERBABUENA will proceed to provide Athento Cloud Service to the CUSTOMER. Such provision is made according to the methods set out in this contract.

The general terms of the service contract can be found in these Terms of Service Client, which may be modified without affecting the validity of this Agreement.

The Client’s use of Athento, according to the terms and conditions stated in this Agreement, constitutes acceptance of the Terms of Service and the tacit validation of the work carried out by YERBABUENA, without it being necessary for the CLIENT to explicitly verify YERBABUENAs’ products and services.

 

3. Athento Cloud subscription service

  • Access: During the subscription period, YERBABUENA will provide the CLIENT with access to use the subscription service, as set out in this Agreement.
  • Limits: Use of the service implies the acceptance of the limits purchased by the CLIENT which can be applied to the number of users, calls to the API, the number of documents, number of instances, the volume of information stored, the number of pages processed, etc. Any limit to the service will be specified in the sales agreement accepted by the CLIENT.
  • Modifications: YERBABUENA will occasionally amend the subscription service ,included by adding or removing features and functions in an effort to improve the customer experience. In no case will YERBABUENA make changes to the subscription service that significantly reduces the functionality of the subscription service acquired by the CLIENT and stipulated in the provisions of this Agreement. YERBABUENA may provide some or all elements of the subscription service through third-party service providers.
  • Additionally characteristics. The client will be able to subscribe to characteristics, functions or additional services by placing a new order.
  • Free trial period: Should the CLIENT register in order to try the subscription service for free, YERBABUENA will provide the service until one of the two following situations happens: a) the time period for the free trial ends; or b) the start date of the CLIENT’s subscription. During the trial period, i) the subscription service will be offered on an “as-is” basis without any kind of guarantees; ii) YERBABUENA reserves the right to suspend, limit or cancel the subscription service for any reason and at any moment, without any prior warning; and iii) YERBABUENA bears no responsibility before the client for damages of any time related with use of the of the subscription service.  Unless the CLIENT subscribes to service payment before the end of the free trial, all customer data in the subscription service will be permanently deleted at the end of the test, and cannot be recovered.

4. Duration

This Contract is established with a duration of three (3) years from the date of acceptance of the Contract. By default, there are no retention clauses in this Agreement, unless they have been previously agreed to in the sales offer accepted by the CLIENT.

The CLIENT may terminate this Agreement at any time, provided that the termination is given in writing and explicitly states the desire not to continue using the service. This notice will be provided with at least sixty (60) days’ notice.. If this is not done, the customer must pay the equivalent to those 60 days monthly.

The main elements relating to the duration of this contract are set out below:

  • Period of Initial Subscription: The initial subscription period will begin on the start date of the contract and expires on the date that the Contract ends.
  • Renewing the Contract: Unless either party provides written notice to the other that it does not intend to renew the Contract, this Contract will be automatically renewed for the same period as that of the Initial Subscription. The written notice of non-renewal must be submitted between 90 and 45 days before the end of the Initial Period or Subscription Term of this Agreement. For the renewal, unless otherwise specified in the new contract, the prices for the application will be those that are listed online at http://www.athento.com/athento-cloud/precios/

5. Price

The CLIENT agrees to pay YERBABUENA (on time and according to the terms stipulated in this Contract) the prices as set out in the “Contract Details” section.

The prices of different Athento services may be adjusted unilaterally by YERBABUENA at any time. However, while the Contract is in force, the prices for the application will be those that were included in the sales offer accepted by the CLIENT. Once the Contract has expired, contract renewal rates will be treated as they are set out in the Duration provision of this contract. The discounts agreed to in this Agreement cannot be accumulated and used in future budgets and contracts.

All expenses and taxes that come from the execution, performance or termination of this Contract and the obligations arising therefrom will be calculated and charged to the related party expressly in each case.

Late payments for the amount set out in this Contract will incur a monthly 10% surcharge on the amount of the monthly price.

Once the CLIENT has been notified by YERBABUENA about any non-payment issues, and once the account is 60 days in arrears and the payment plan has not been negotiated, YERBABUENA will undertake judicial proceedings against the CLIENT for the outstanding amount on the Athento Cloud Services until the CLIENT meets its payment obligations.

If YERBABUENA had previously agreed to perform any kind of development or service work for the CLIENT, this work will automatically be suspended from the moment when a the payment is in arrears, and this situation will continue until the outstanding amount is settled.

Below, we have set out the elements to be considered regarding the prices detailed in the present Contract:

  • Subscription prices:  The monthly subscription fee will not change during the period of the Contract, as long as: i) the CLIENT does not exceed the limits in the Contract for users, capacity or other aspects; ii) there are no changes to the plan or iii) the CLIENT does not acquire additional products or services. YERBABUENA will supervise or audit the limits set out in the subscription contract.
  • Adjustments to the subscription prices in the upcoming billing period: If the CLIENT exceeds the established limit during a billing period, the subscription or monthly price will be adjusted to reflect those new limits, including the extra capacity used during the previous month. Our prices and limits are set out at: http://www.athento.com/athento-cloud/precios/.
  • Payment with credit cards: CLIENTs paying with credit cards authorize the charges and all fees payable, to their credit cards or bank accounts at the beginning of each billing period. This includes any updates and extras to customer contracts during the time frame of the Contract. The CLIENT authorizes YERBABUENA to use third-party process payments, and consents to the disclosure of payment information to such third parties. The same applies if the CLIENT pays using PayPal or Direct Debit.
  • Payments with invoices: All amounts invoiced are to be paid within thirty (30) days of the invoice date, unless otherwise specified in the agreement accepted by the CLIENT.
  • Sales tax: The rates quoted in this Contract, as well as those published on Athento’s  website Athento, do not include taxes, which YERBABUENA charges accordingly. The CLIENT agrees to pay any taxes applicable to their use of the subscription service. If the Customer is obliged to deduct or withhold any tax, the amount deducted or withheld as required by law must be paid, meaning that YERBABUENA must receive full payment for the full amount, as if there were no deduction or withholding.
  • Direct Debit fees: CLIENTS located in countries outside the European Union who use wire transfers as their method of payment assume the entire cost of transaction, so that YERBABUENA receives the full price specified in the offer accepted by the CLIENT. 

6. Changes or extensions to services

The expansion of Business Services and hours of engineering (Product settings) training, including plug-ins, or acquisition of new products or services, will generally be budgeted separately.

Conversely, running over the limits does not require that new budgets be delivered to the customer. The limits will be automatically billed as overage in the following month in the terms indicated in the Prices clauses.

YERBABUENA reserves the right to change the terms for the Athento Cloud Service when it deems appropriate. In any case, the conditions that were in effect when the CLIENT signed the contract will apply to each CLIENT

Since YERBABUENA regularly updates its Customer Terms of Service, the CLIENT will receive notification of such changes via e-mail.

If any of the clauses that make up this Contract shall be held invalid or unenforceable by a court decision or legislative amendment, this clause is considered to be precluded, without implying the nullity of the same. In this case the parties shall do everything in their power to find an equivalent solution that is valid and duly reflects their intentions. 

7. Who to contact

For all communication, modification, clarification or authorization for the development and delivery of services, and provision of service under this Contract, each party shall proceed to appoint explicitly an accredited partner. These partners are set out in the offer accepted by the CLIENT in paragraphs:

Athento contact information.

Client contact information

The Parties agree that, in the event that it is necessary to contact the other party for any further questions, technical aspect or report any incident during the Service, the CLIENT will only get in touch with those contacts set out in the Athento contact information section, according with the nature of the contact (administrative, account management or technical support) through those ways that are permitted to the CLIENT, as set out in the CLIENT’s SLAs.

8. Responsibility

If either Party should act in a negligent manner, or in a manner that infracts on compliance with the obligations set out in this contract, that Party will be held responsible for any damage or anything affecting the other party. The Party which has to face any kind of loss or damage under the action of the counterparty may claim compensation for any such damages.

YERBABUENA commits to meet indicators or KPIs for providing services, their time frames and quality milestones regarding the levels set out in the sales offer. Similarly, the CLIENT commits to making all measure in their reach available to make YERBABUENA’s work possible.

9. Resolving the contract

Service may be terminated in advance, by written notice without judgment in accordance with the following conditions:

a) For breach of any provision contained in this Agreement and by notice of termination within 60 calendar days prior to the date on which termination takes effect.

b) For lack of payment by the CLIENT to YERBABUENA, in the terms and time frames established in this Agreement.

c) For material breach by YERBABUENA regarding time or terms of this Agreement, provided that the terms have not been modified after signing it or the CLIENT did not include specifications and requirements not covered by this contract.

d) Due to the unilateral decision of the CLIENT, provided there is no permanence clause, and that notify in writing is provided, within the terms of the duration clause of this Agreement.

e) For breach of the CLIENT of any provision contained in these Client Terms of Service.

All costs and fees arising from such failure or termination of this Agreement and the obligations arising therefrom shall be borne by the party who has failed to fulfill them.

Similarly, court costs incurred in breach of this Agreement shall be borne by the defaulting party, including attorney's fees and attorney although their interventions were not prescriptive.

In any case, the Party seeking to terminate the Contract claiming counterparty default shall bear the burden of proof and must require the other party to comply with the obligation to express, with a period of 60 days to the defaulting party to that it can remedy this failure. After this time if no breaches have been rectified, the injured party may exercise this power.

10. Confidentiality and Personal Data

The Parties agree to maintain absolute confidentiality regarding information and documentation which the Parties provide to each other or have access during the Service. Both Parties undertake not to disclose, directly or indirectly, nor use the information and knowledge acquired, arising from the contractual relationship between the parties agreed on other services that are not the subject of this Agreement without prior request, and without the explicit authorization of the other part.

The Parties undertake to take steps regarding both their employees and third parties who may have some connection with this Agreement, to ensure compliance with the agreement in this clause. Upon termination of this Agreement, the Supplier will destroy any information that has been stored in any medium or has been reproduced, using any process.

The CLIENT gives YERBABUENA the right to add its name and logo to the list of clients that Athento works with, and to place the CLIENT’s logo on Athento’s website.

Both parties commit to maintain maximum secrecy regarding data of a personal nature to which they may have access, in accordance with the terms of this Contract; and to observe all of the legal provisions which are contained in Organic Law 15/1999 (13 December), regarding Protection of Data of a Personal Character.

YERBABUENA expressly declares that it recognizes its obligations to meet the requirements set out in Organic Law 15/1999 (13 December), regarding Protection of Data of a Personal Character.

YERBABUENA and its staff responsible for the execution of tasks agree to maintain the strictest secrecy regarding the personal information which could be accessed during the execution of the services under this Contract.

YERBABUENA agrees not disclose such information, either through third parties or companies, or make information available to third parties without the prior written consent of the CLIENT.

YERBABUENA will inform its staff, associates and subcontractors of the obligations under this Agreement concerning the processing of personal data.

YERBABUENA will make as many caveats as necessary to its staff and partners, in order to ensure compliance with such obligations.

The confidentiality obligations set out in the clause regarding personal details will last indefinitely, remaining in force after termination, for any reason, any relationship between the CLIENT and YERBABUENA.

In any case, YERBABUENA will not undertake any processing of personal data by the CLIENT under this Agreement, and as such it will not be construed in any way that it is appropriate for YERBABUENA to assume the figure of the data processor, as described in Article 12 of the Organic Law on Protection of Personal Data.

However, if on an exceptional basis YERBABUENA has access to any personal data held by the CLIENT, in fulfillment of its obligations under this Contract, YERBABUENA will only access the personal data of customers and other individuals related to the CUSTOMER if such access is deemed necessary to fulfill the obligations. YERBABUENA will:

  • Use personal information to which it has access exclusively to meet its contractual obligations to the CLIENT.
  • Observe the safety measures which have been adopted by the CLIENT to ensure confidentiality, secrecy and integrity of personal data as well as other measures that apply in specific cases as established by Royal Decree 1720/2007, of December 21, approving the Regulations implementing the Organic Law 15/1999 of December 13, Protection of Data of a Personal Character.
  • Destroy personal data once the contractual provision has been met, such as any medium or document containing any personal data that has been processed.
  • Documentation will be delivered to YERBABUENA for the sole purpose of the tasks under this Contract and it is forbidden for YERBABUENA and any of its staff responsible for implementation, reproduction by any means and total or partial transfer to any individual or legal entity. This also extends to the proceedings of of such tasks. In the event that YERBABUENA uses the data for other purposes, communicated or use in violation of the provisions of the Contract, shall be liable for the offenses committed.
  • YERBABUENA commits to not giving information and data provided by the CLIENT for any other use that is not set out in this Contract.

11. Guarantee

The PROVIDER warrants to the Customer that it has all the permits and licenses required to perform the Services.

Moreover, the PROVIDER warrants that it has an insurance policy that covers any compensation that has to meet the PROVIDER on behalf of CLIENT for incorrect and irregular delivery of the service. YERBABUENA has liability insurance coverage of up to €450,000.

YERBABUENA guarantees the CLIENT the proper functioning of Athento for use according to the intended purpose, embodied in this document, responding in any case that defects occur to materials for manufacturing.

YERBABUENA is not responsible for any defects arising from faulty or incorrect use of Athento.

In any case, and specifically the following actions are contemplated:

  • Correcting error in the code for the applications, incorrect data, or faults in the form.
  • Support for users of the application.

On the contrary, it does not include any changes to the software that are made after the fact, nor does it include any complementary development work.

YERBABUENA agrees to address any weaknesses in Athento, provided they be the type of defects which YERBABUENA is responsible for fixing, pursuant to this Agreement and in accordance with the sales agreement signed by the CLIENT, since the time the fault is discovered by the CLIENT, to the time when the remedy is available through contact channels, according to the CLIENT’s sales agreement.

The CLIENT acknowledges that it understands how Athento works, as well as accepting the particular ways in which Athento functions; the CLIENT, therefore, relinquishes the right to demand compensation from YERBABUENA for any damages and requiring any damages arising from material defects from manufacturing, of those which are dealt with in this clause.

The CLIENT, in any case, agrees to use Athento according to the rules and laws applicable at all times, in good faith, with the morals and ethics required. In this sense YERBABUENA at no time be liable for the possible use that can be given to the object of this service.

Moreover, YERBABUENA is not obliged to provide customer support when levels exceed storage, pages, users or CPUs in the plan, as described in the contract and the CLIENT has not paid for overage on the use of these services.

12. Labor relations

This contract constitutes a purely commercial relationship and cannot be interpreted in any other way.

At all times, YERBABUENA’s hiring practices are in line with the principles enshrined in the Spanish Constitution and the Workers’ Status, which means that, under no concept, does YERBABUENA take part in any illegal hiring practices.

YERBABUENA reserves the right to determine which personnel are assigned to carry out the development and implementation of the project in product development and contract services, it also reserves the right to replace or reassign the staff, notwithstanding client considerations, YERBABUENA will try to respect requests for any specific staff members, if any specific requests are made.

The parties agree that, at no moment, will there be a labor relationship between the SUPPLIER and the CLIENT. The SUPPLIER acknowledges that the technical personnel which provides the service has been hired in accordance with legislation and meet all of the legal obligations for work.

The CLIENT expressly renounces hiring, directly or through third parties, any employee of the PROVIDER while not at the end of the current Agreement and for two years after the termination thereof; should that happen, the CLIENT will pay the PROVIDER €100,000 in compensation for each employee that has been hired away from YERBABUENA.

Furthermore, any members of staff that have been recruited directly or indirectly by any of the parties will be the direct and exclusive responsibility of each of the respective parties; therefore, the party which hired the staff unconditionally accepts sole pattern of every single person involved (in any way) being managed or supervised for work dealing with development, implementation, dissolution, liquidation and settlement of its obligations. This also means that the other party will be freed of any responsibilities that may happen during the time the contract is in effect, freeing the other party from any liability arising against it at all times, for anything related to professional, labor and/or trademarks of the latter.

As such, should any of the parties be taken to court by anyone employed by them, or hired by third parties for labour-related issues, the party whose employees are taking action should ensure that the other party is not affected by the action; and if any economic assistance should be required by any authority, the first party commits to providing immediate restitution.

13. Termination

Neither party may rescind its position in this present contract, nor the rights or obligations that are derived therefrom, without the consent of the other party.

 14.Applicable law and jurisdiction

Any issues arising from the interpretation and/or commitment to the present contract will fall under the jurisdiction of the courts of Málaga city, thereby rescinding the right to recur to any other legal jurisdiction which may apply, due to present or future location, and/or any other circumstance, being in accordance with the content and reach of these Terms and Conditions, and will not involve violence, injury, bad faith or fraud.

15. Notifications

All notifications, requirements, requests and other communication carried out by the Parties related to the present Contract should be carried out in writing. They will be considered properly done when they are in hand or been delivered by Certified Mail to the offices of the other party (at the address listed at the top of this Contract), or to another address provided by one Party to the other. Similarly, any electronic communications, where proof of successful delivery can be provided, will also be considered valid.

16. Taxes and expenses

Any legal expenses incurred and any indirect taxes arising from the delivery of this Contract will be paid for accordingly by each Party, according to the law in effect.

Cited honoraria do not include travel costs, mail costs, telephone costs, housing and per diem expenses, reproducing reports, any official seals or stamps, translation costs, fees and other expenses which the staff of YERBABUENA may incur while carrying out professional services. These costs will be duly charged to the CLIENT.

17. Security

Both Athento, as well as the information that the CLIENT’s users upload to the Athento system, are stored in third-party storage systems which fall under the responsibility of Spanish law, and which are physically located in European Union countries and, therefore, under the application of all the regulations of Spanish law. These systems contain all of the required security features to avoid the loss, alteration or unauthorized access to the data by third parties, maintaining at all times the confidentiality and the integrity of such data, as well as strictly following the Law in effect.

YERBABUENA commits to providing service regarding security in accordance with the terms that are set out in its Security Policy, which can be found at  https://athento.atlassian.net /wiki/pages/viewpage.action?pageId=17367107

The company providing cloud infrastructure to Athento has been granted ISO 27001 certification and the AFNOR Seal of Information Safety. Data are located on servers located within the European Union, and meet the requirements set out by the Spanish Organic Data Protection Law.

YERBABUENA has, in its possession, the auditors’ reports which contain information about Athento software. Should any security-related issues arise, YERBABUENA will offer legal support and all of the forensic information on the CLIENT’s affected services, in order to identify the cause, the method and the leakage point.

18. Backup

YERBABUENA has its own Backup and Data Recovery Policy. These can be found on the Internet at the following locations:

As such, YERBABUENA also has a data replication system. Information about this system is set out in the Policies for Athento Service Continuity, published online at:  https://athento.atlassian.net/wiki/pages/viewpage.action?pageId=16842874

19. Professional Services and Personalizing Athento

Should the CLIENT decide to obtain personalized adaptations of the Athento software, this will be done through the adaptation and personalization of the software in accordance with the needs and functionalities established in a Consulting Report. Before this report is provided, a document with the prices of services and a less-detailed, more general document will be included in the offer accepted by the CLIENT. That said, the specifications included in the Consulting Report will be specifications that YERBABUENA will adhere to when it comes time to define the requirements that the client will pay for. If there is no Consulting Report, the specifications included in the offer accepted by the Client will be the specifications that apply.

The additional modules to be installed or adapted in accordance with the needs expressed by the CLIENT should be included in this Contract.

Both parts recognize, in line with the type of work being done, that the duration and hours needed to develop and comply with the information listed in the Planning of Hired Professional Services are merely a guideline, without being of a binding nature in any way for YERBABUENA. As such, the hours listed for professional services and the duration of the specific tasks in each line of work may exceed those listed, without being considered a lack of vigilance or failure to meet these conditions. Should that happen, the hours dedicated to professional services which exceed those agreed to by the CLIENT should be budgeted for separately. 

The CLIENT will be able to purchase packages of hours of professional services that it may recur to. The availability of these hours will always be subjected to YERBABUENA’s planning processed and should be requests with a minimum of 15 working days notice. The packages of hours obtained will be valid for one year after purchase, and will not be available after one year.

20. Technical Support

Once the CLIENT chooses its specific technical support package and accepts the support package in the purchase offer, this will be provided by YERBABUENA, in accordance with the limits and reach set out in the package.

Technical support may be supplied for technical motives, or regarding aspects of usability, in accordance with the definitions established in the purchase offer accepted by the CLIENT.

Support services are included in the monthly anticipated fee for use of the Athento Cloud Service.

21. Intellectual Property

Both Parties recognize that all rights belong to YERBABUENA, whether they be related to intellectual property arising from all the software used adapted and configured as a result of compliance with the contents of this Agreement, as is the case with all software that is developed without subject to the specialties of certain licenses of third parties, which may be part of Athento.

Likewise, any party may reserve any right(s) that contravene(s) the terms of the license under which the use of the corresponding program or module is authorized.

The Athento logo and other marks, graphics, etc., used in connection with the service are duly registered as industrial property under the ownership of YERBABUENA in Spain and other countries. In no event may consent be construed through this Contract, or that the CLIENT has been given any rights or licenses to use the logo and other identifying marks.

22. Passwords

Once installation of Athento has been completed, YERBABUENA will supply the CLIENT with the user names and passwords needed to administer the account(s).

From that moment on, the CLIENT will be the sole responsible party for the use of those names and passwords. This absolves YERBABUENA of any responsibility or liability arising from any possible misuse of those name(s) and password(s).

YERBABUENA will inform the CLIENT of the procedure to change the password, so that the CLIENT is able to produce their own password(s).

Should the CLIENT require that all passwords be reset due to theft or loss, the only person who will be provided with the new password will be the person who was identified as the person responsible, who must request the password reset in writing.  

23. Documents uploaded to Athento by the Client

The documents and data stored on Athento are the property of the CLIENT or of third parties to which the CLIENT authorizes such custody, being responsible for having the respective authorizations and content of the documents stored in Athento.

Regarding this documentation:

  • As a default, Athento client data may be stored in the same hardware, as well as through the Athento software itself. That said, for certain Enterprise clients, the data may be stored in independent locations. This sectioning of data will appear in the sales offer accepted by the CLIENT.
  • YERBABUENA has the technical and workforce means necessary to encrypt the data provided by the CLIENT.
  • The CLIENT agrees not to store any data or documents in Athento which fall under the Level 3 category of the Spanish Personal Data Protection Law.
  • The CLIENT bears responsibility for the use that its users make of the documents stored in Athento.
  • Once the contract has been terminated and its renewal is not pursued, YERBABUENA will collaborate with the CLIENT so that the CLIENT can recover their data and documents stored in Athento. To do this, the CLIENT will avail itself of the Exit Plans that are laid out here for public access: https://athento.atlassian.net/wiki/display/ athento30guiadesoporte/Plan+de+Salida+Servicio+Cloud

With regards to the content of the documents stored in Athento, the CLIENT is the sole party responsible for that content. These documents:

  • must not infringe on the rights of third parties, such as with issues relating to intellectual property, privacy, or any other right.
  • must not be defamatory, incurring offenses of calumny, threats or bullying.
  • must not contain obscene or indecent content, including pornography.
  • must not contain racist content or content that provokes racial hatred.

YERBABUENA reserves the right to terminate the contractual relationship if it becomes aware that the CLIENT has failed to meet the terms set out in the clause above.

24. Third-party services

Athento Cloud Service may contain information provided by various external suppliers. Furthermore, this service may use other third party services. By registering as a user of Athento cloud, the CUSTOMER accepts that Athento may exchange information with these outside services. YERBABUENA cannot control these external services and does not guarantee continuous, uninterrupted or secure access to them.

25. Cancellations and refunds

YERBABUENA  reserved the right to rescind any or all of the rights of use and/or any of the plans or orders within this Contract, should the CLIENT be in violation of any of the conditions of use.

The CLIENT may cancel the service whenever desired, as long as the conditions laid out in this contract are met. In any case, no refunds or credits will be provided for any unused portions or times of service.

26. Analysis of Data stored in Athento Cloud

YERBABUENA reserves the right to perform data analysis use of documents and data stored in the Athento software. This analysis includes, but is not limited to, the most used features, document processing methods that work best, average volumes of stored data, etc. These analyses will be used by the company to improve service provided to its clients.

27. Availability of Service

YERBABUENA will work to ensure that the Athento Cloud service is available on a 24/7 basis, year-round. Nonetheless, in order to guarantee quality of service, YERBABUENA will program various maintenance periods, the timing of which will be communicated in the Maintenance and Continuous Improvement Policy, which is available online at:  https://athento.atlassian.net/wiki/pages/viewpage.action?pageId=17367098

Similarly, YERBABUENA commits to using the service monitoring mechanisms which help to prevent and to quickly correct any defects in providing the service. These mechanisms will be used as set out in the Athento Cloud Monitoring Policy, which is found at:   https://athento.atlassian.net/wiki/pages/viewpage.action?pageId=16842871


28. Cookies

Athento and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website and applications, and to gather demographic information about our user base as a whole. We use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, or register for the Subscription Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Subscription Service or Websites you visit. Athento keeps track of the Websites and pages you visit within Athento and Athento's apps, in order to determine what portion of the Athento Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the Athento Website and Subscription Service to customers whose behavior indicates that they are interested in a particular subject area.

Some of the included cookies are:

  • Hubspot
  • Intercom
  • Inspeclet
  • Google Analytics

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