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Terms of use

1. Acceptance of the Terms of Use

The following terms and conditions, together with any referenced documents (collectively, the “Terms of Use”), constitute a legal agreement between you and your employer, employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and SHOENIQ PROJECTS S.L.U. (“Shoeniq”, “we”, “us” and “our”). The Terms of Use apply to the services available on the website where these Terms of Use are presented, including any Shoeniq Intellectual Property (as defined below) therein (the “Website”).

By accessing or using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website.

Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access the Website.

Access

We reserve the right to terminate or modify the Website in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Website.

You shall use the Website exclusively to test and evaluate Shoeniq products and services, and you shall access it only through the registration portal. To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website, and you hereby represent and warrant, that all information you provide is correct, current and complete. You must log out from the Website at the end of each session. You agree that you are solely responsible to us for all activities identified with your access and registration. Shoeniq has the absolute right to disable any username or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

Data visible to other users

The Website may include shared environments that automatically reset on a timed schedule. Anything input by a user of the Website that remains on an instance following your use will be visible and usable to all other users that access the same instance before it is reset. In addition to the rights provided to Shoeniq above, you hereby grant to all users of the Website a royalty‑free, non‑exclusive, non‑transferable, sub‑licensable, worldwide right to use any data and intellectual property provided by you to each other user of the Website solely to use the Website as described herein.

2. Prohibited Uses

You agree not to access or use (and shall not permit others to access or use) the Website or Shoeniq Intellectual Property in any manner that:

  1. Is other than for product evaluation purposes (specifically excluding product demonstration, development, or any production or commercial purposes).
  2. Processes, uses, transmits or introduces any confidential or sensitive information of any kind, including personally identifiable information, sensitive personal data, health information of any kind, or factual data regarding your employees or third parties, and particularly excluding: (1) information protected under health data privacy or security regulations; or (2) non‑public sensitive or personally identifiable information including but not limited to identity document numbers, passport numbers, social security numbers, tax identification numbers, health information, or financial information such as bank, credit card, or debit card account numbers.
  3. Licenses, sub‑licenses, sells, re‑sells, rents, leases, transfers, distributes or makes them available for access by third parties.
  4. Disassembles, reverse engineers, decompiles, modifies or otherwise creates derivative works of them.
  5. Accesses them for the purpose of developing a product or service that competes with a Shoeniq product.
  6. Uses them to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or engage in any other malicious act.
  7. Disrupts their security, integrity or operation.
  8. Removes or modifies a copyright or other proprietary rights notice in them.
  9. Uses them to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property rights (including the rights of publicity or privacy) without first obtaining the permission of the owner.
  10. Uses them to damage the property of another.
  11. Violates any applicable national, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
  12. Temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any Shoeniq or third‑party data, software or network.
  13. Violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations, including violation of privacy or publicity rights, infringement of any intellectual property right, or conflicts with these Terms of Use or the Privacy Policy.
  14. Transmits or introduces offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  15. Monitors or attempts to gain unauthorized access to: (1) an account or computer not belonging to you; (2) any data, information or communications on any network or system not owned by you, without authorization; (3) any system or network user accounts or passwords of other users, without authorization; or (4) email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
  16. Is false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate any person or entity, including any other user or a Shoeniq employee; (2) to misrepresent your identity or affiliation with any person or organization; and (3) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case.
  17. Monitors or copies materials on the Website for any unauthorized purpose or accesses the Website via any automatic device, process or means of access such as a robot or spider.
  18. May have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (1) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise interfere with communications intended for others; (3) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to the Website; (4) modifying, blocking or otherwise interfering with the display of the Website; (5) interfering with another user’s ability to access, use and enjoy the Website; (6) accessing another user’s registration information or user account without that user’s express written permission; (7) transmitting or introducing any malicious or technologically harmful element to the Website such as spyware, a virus, Trojan horse, worm or logic bomb; (8) performing, without Shoeniq’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website; and (9) engaging in any activities that result in any server being the target of a denial of service attack.

Notification of violation

If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you shall immediately notify Shoeniq via email to contact@shoeniqprojects.com.

3. Intellectual Property

As between you and Shoeniq, all rights, title and interest in and to all the intellectual property rights in the Shoeniq Intellectual Property are owned exclusively by Shoeniq and its licensors, notwithstanding any other provision in these Terms of Use or any other agreement. The Shoeniq Intellectual Property is protected by Spanish, European and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or industrial property rights.

As used herein, “Shoeniq Intellectual Property” means the information, text, displays, images, video, audio and user interfaces included in or generated by the Website, and the design, selection and arrangement thereof, as well as the technology that is used by Shoeniq to deliver the Website, including: (a) software code (whether in source or object form), platforms and applications, hardware, algorithms, templates, graphical user interfaces, architectures, class libraries, application programming interfaces, objects, methodologies and documentation (both printed and electronic); and (b) any derivative works, improvements or extensions of the foregoing made by either you or Shoeniq.

Except as expressly provided in this Agreement, Shoeniq does not grant you (and expressly reserves) any rights, express or implied, or ownership in the Shoeniq Intellectual Property. No right, title or interest in or to the Website is transferred to you. Shoeniq reserves all rights not expressly granted to you herein.

You hereby grant to Shoeniq a royalty‑free, non‑exclusive, non‑transferable, sub‑licensable, worldwide right to use: (a) electronic data uploaded or processed by you to the Website; and (b) any software, methodologies, templates, business processes, documentation or other material authored, invented or otherwise created by you using or for use with the Shoeniq Intellectual Property provided by you to Shoeniq solely to provide the Website.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, supplier or partner of Shoeniq. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Shoeniq Intellectual Property without Shoeniq’s express prior written consent or except as expressly provided in these Terms of Use.

Shoeniq trademarks

Shoeniq, Shoeniq Projects, and all related logos, product and service names, designs and slogans are trademarks or service marks of Shoeniq or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

4. Monitoring, Enforcement and Feedback

The Website may be a shared environment. Shoeniq has the right but not the obligation to:

  • Terminate your access to all or part of the Website for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Policy.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, Shoeniq has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone including any materials on or through the Website.

YOU WAIVE AND HOLD SHOENIQ HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHOENIQ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SHOENIQ OR LAW ENFORCEMENT AUTHORITIES.

Shoeniq can neither review all material before it is included on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Feedback & suggestions

Direct feedback, comments, suggestions, requests for support and other communications relating to the Website to: contact@shoeniqprojects.com. Shoeniq shall have a royalty‑free, worldwide, non‑exclusive, transferable, sub‑licensable, irrevocable, perpetual right and license to make, use, sell, offer for sale, import or otherwise incorporate for any purpose, any feedback and suggestions for improvements or enhancements to the Website and Shoeniq products.

5. Legal Considerations

Regional legal considerations

The owner of the Website is based in Valencia, Spain. The Website can be accessed from countries around the world. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Spain, you do so on your own initiative and are responsible for compliance with local laws. Access to the Website from territories where the Website or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with all applicable export laws and regulations.

Disclaimer of warranties

Shoeniq cannot and does not promise or warrant that any aspect of the Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHOENIQ NOR ANY PERSON ASSOCIATED WITH SHOENIQ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
SHOENIQ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law, including mandatory consumer protection rules of the European Union.

Limitation of liability

EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL SHOENIQ, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify and hold Shoeniq, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing law and jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non‑contractual disputes or claims) shall be governed by and construed in accordance with the laws of Spain.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the city of Valencia, Spain. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The foregoing is without prejudice to any rights that may be available to consumers and users under applicable mandatory law, including the right to bring proceedings before the courts of their domicile.

Export restrictions

You may not access, download, use or export materials posted to the Website in violation of applicable export laws or regulations. You agree to comply with all export laws and restrictions and regulations of any competent agency or authority.

Waiver and severability

No waiver of these Terms of Use by Shoeniq shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Shoeniq to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Third‑party beneficiaries

There are no third‑party beneficiaries to this agreement.

Termination

Shoeniq may terminate these Terms of Use at any time for any reason by giving you written notice, and all licenses, permissions and other rights granted to you hereunder shall immediately terminate. Notwithstanding the termination of this Agreement for any reason, Sections 3 and 5 herein shall survive.

Entire agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Shoeniq with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. For the avoidance of doubt, these Terms of Use do not supersede any Master Ordering Agreement, subscription agreement or other agreement pursuant to which you have been granted the right to use or access a Shoeniq product or service.