Legal Notice

I. INFORMATION ABOUT THE INFORMATION SOCIETY SERVICE PROVIDER

The website“www.elzaburu.com” (the “Website” or the “Site”) is owned and operated byELZABURU, S.L.P. (also “ELZABURU”), whose details, for the purposes of complying with the obligations set forth in Article 10 of Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (“LSSI”), are as follows:

Company Name:ELZABURU, S.L.P.

Registered office: Torre de Cristal Building. Paseo de la Castellana, 259C. 28046 Madrid

Registration details in the Madrid Commercial Registry, Volume 16120, Folio 159, Page M-51598

Tax Identification Number: B80181662

Email address: elzaburu@elzaburu.es

II. GENERAL TERMS AND CONDITIONS FOR ACCESS TO AND USE OF OUR WEBSITE.

These General Terms and Conditions, together with any other legal documents and additional terms that may apply in each case—which can be found in the Cookie Policy, Privacy Policy, Quality Policy, and ISO Certifications—govern your use of the Website that ELZABURU makes available to you as a user.

User

Use of this Website confers upon the user the status of a User of the Website and constitutes full and unreserved acceptance of each and every one of the General Terms and Conditions published byELZABURU at the very moment you access the Website, without prejudice to the acceptance of any specific terms and conditions that may apply. If the User does not understand and/or does not accept all or part of the Terms and Conditions, the User must cease using this Website. Any use other than that authorized is expressly prohibited, andELZABURU is entitled to deny or revoke access to and use of the Website at any time and without prior notice to those Users who fail to comply with these General Terms and Conditions or any specific terms and conditions that may apply.

1. Amendments

ELZABURU, S.L.P. reserves the right to unilaterally modify these terms and conditions at any time and without prior notice. Similarly, it reserves the right to unilaterally modify, at any time and without prior notice, the presentation (including the “look and feel”), configuration, and layout of the Website, as well as the Website’s content.

In their own best interest, each time they access the Website, Users should check the version of the Terms and Conditions that is posted and, if applicable, carefully review any changes that have been made since the last version known to the User.

2. Information Provided Through the Website: Access and Use.

Through this website,ELZABURU provides information about the company and its services and activities. The content of the website is provided to the User for informational purposes only and under no circumstances may it be considered a binding offer byELZABURU toprovide any services.

In general, access to and use of the Website is free of charge for Users and does not require prior registration. However, certain specific services may require the User to register in advance by filling out a form for that purpose or by providing access codes through other means. When such registration is required, as well as in cases where the User provides data through any of the web forms available on the Website, the provisions of the Website’s Privacy Policy shall apply, and the User shall be responsible for ensuring that the data provided to us is accurate and up-to-date, and must refrain from providing false, inaccurate, or outdated information, as well as personal data that does not pertain to them or that they are not legally entitled or authorized to provide. The User shall be solely responsible for any false or inaccurate statements they make, as well as for providing personal data that they are not legally entitled to provide.

ELZABURU reserves the right to restrict, suspend, prohibit, or terminate access to and/or use of all or part of the Website at any time, for all or certain Users, without the need for prior notice fromELZABURU. In particular, but without limitation,ELZABURUmay temporarily suspend the Website’s services and content to perform maintenance, improvements, or repairs.

The User hereby declares that he or she is aware of and accepts this fact and, consequently, waives the right to make any claim againstELZABURUfor anydamagesor losses that may be caused to him or her for this reason.

Users who wish to create a hyperlink or link between their website and this Website (the “Link”) must obtain prior authorization fromELZABURU, S.L.P. by submitting a request to the following email address

The inclusion of a link to this Website by a third party does not imply, under any circumstances, the existence of a relationship between ELZABURU and said third party or between ELZABURU and the owner of the website on which the link appears, nor does it imply our acceptance or approval of its content or services.

3. Restrictions on Use

When you access our website, you are expressly authorized to view all public information contained on the site. Consequently, the User agrees not to use any information or data, of any nature or format, and/or any of the features that may be offered on the website at any given time (the “Content”) in the following manner:

1. You are not authorized to reproduce, copy, distribute, modify, transfer, or publicly communicate the information contained on this website unless you have obtained authorization from the owner of the relevant rights or such action is permitted by law.
2. You are not authorized to use the information contained on the Website for direct sales or any other commercial purpose, to send unsolicited messages to a large number of people regardless of their purpose, or to market such information in any way.
3. You are not authorized to delete, circumvent, or manipulate the data and identifying marks ofELZABURU’s rights or those of its owners (including, but not limited to, copyright symbols, watermarks, or similar measures), as well as technical protection measures, digital signatures, or any other protective mechanisms.
4. You are not authorized to disassemble, decompile, or reverse-engineer the databases in which the website's information is stored.
5. You are not authorized to engage in “spamming” practices or acts in connection with or as a result of your use of the Website or the information and services provided therein for sales or other commercial purposes, directed at a group of people without their prior request or consent, nor to send any other unsolicited or unconsented messages to a group of people, nor to send unsolicited or unapproved chain emails, nor to use distribution lists that can be accessed through the Website.
6. You may not engage in activities that could be considered illegal, immoral, or contrary to public order. These prohibited activities include, but are not limited to, the following:

• (a) Sending offensive, abusive, or threatening messages;
• (b) Unauthorized access to third-party computer systems;
• (c) The dissemination of computer viruses or software intended to cause damage to computer data or systems, to violate the privacy of third parties, or to unlawfully bypass security and/or protection systems;
• (d) Access to and/or distribution of child pornography;
• (e) Glorification of terrorism;
• (f) Access to and/or dissemination of racist or xenophobic content.
• (g) Impersonating any other User or third party.

7. You shall not use the Content or features included on the Website to engage in activities that could harm the reputation ofELZABURU, its customers, or its collaborators or business partners.

ELZABURU is not responsible for the use that each User makes of the content and materials made available on this Website, nor for any actions the User takes based on such content and materials.

4. Industrial and Intellectual Property Rights. Ownership of Content.

The creations and works offered on the Website (including, but not limited to, texts, photographs, graphics, images, icons, technology, computer programs, web pages, links, audio and audiovisual content, their graphic design and source codes, as well as any trademarks, domain names, and other distinctive signs, and, in general, any type of work, creation, or expression—or a combination thereof—included on the Website or used to identify it or parts thereof) (hereinafter, the “Protected Elements”) are subject to intellectual and/or industrial property rights held byELZABURU, S.L.P. This company has the exclusive right to exploit the aforementioned intellectual property in any form and, in particular, the rights of reproduction, distribution, public communication, and adaptation.ELZABURU, S.L.P. does nottransfer, in whole or in part, nor does it grant any license or authorization to Users regarding intellectual or industrial property rights or any other rights related to the Website.

Furthermore,ELZABURU, S.L.P.guarantees that the content, including intellectual property, is not illegal and does not violate current regulations. Consequently, the content on the Website will not be xenophobic, pornographic, discriminatory, racist, or in any way promote violence. Furthermore,ELZABURU, S.L.P.will take whatever legal measures it deems appropriate to prevent any conduct contrary to the law or public morality.

Through these Terms and Conditions,ELZABURU, S.L.P. solely authorizes the User to view, download, and print the Protected Materials owned byELZABURU, S.L.P., provided that the User uses them exclusively for personal purposes, and agrees not to engage, either directly or indirectly, in any commercial exploitation of such materials or to use them for any purpose not expressly provided for in these Terms and Conditions.

The User’s use of any Protected Elements owned by third parties (including, without limitation, third-party trademarks or distinctive signs) shall be subject to any terms and conditions that such third parties may establish, as applicable, and which the User agrees to familiarize themselves with.

Any violation of the provisions of this section shall be considered an infringement of the intellectual property rights owned byELZABURU, S.L.P., giving rise to the liabilities established by law for such purposes, and such conduct may be subject to administrative, civil, or criminal proceedings, as applicable.

5. Legality and Accuracy of the Content Included on the Website

AlthoughELZABURU, S.L.P.makes every effort to ensure that the Content on the Website is accurate and up-to-date,ELZABURU, S.L.P.does not guarantee nor accept liability for any inaccuracies and/or errors and/or failure to update said Content.

The Website may provide links to other websites or content owned by third parties. The sole purpose of these links is to provide the User with the opportunity to supplement the information through such links. ELZABURU shall not be liable under any circumstances for any consequences that may arise for the User as a result of accessing such links.

The liability ofELZABURU, S.L.P. regarding the content and information provided by websites linked to via hyperlinks included on this Website, as well as any third-party content hosted on this Website, shall be governed by the provisions of Articles 16 and 17 of the Law on Information Society Services (Law 34/2002).

ELZABURU, S.L.P. does notassume any liability or guarantee that access to the Content and other parts of the Website is legal from outside Spain. Access to the Website from a country other than Spain must be in accordance with the laws applicable in the territory from which the User accesses the Website.

6. Disclaimer of Warranties and Liability

• ELZABURU, S.L.P.shall be liable only for its own services and content directly created by it and properly identified as the industrial and intellectual property ofELZABURU, S.L.P.
• ELZABURU, S.L.P. shall not be liable for:
  • I. — Damages of any kind that may arise from the provision or offer of products or services by third parties or entities through the Website, and in particular from:
    • a. Violation of the law, morality, and good customs, as well as public order; or the negligent or improper use of the products and/or services offered; or use for purposes or with effects that are unlawful or contrary to the provisions of these general terms and conditions or any applicable terms and conditions that may apply.
    • b. infringement of industrial and intellectual property rights.
    • c. breach of professional confidentiality.
    • d. violations of the rights to honor, personal and family privacy, and personal image, as well as those relating to the protection of children and youth.
    • e. engaging in acts of unfair competition.
    • f. Engaging in illegal advertising or acts that constitute a crime or are of a pornographic nature.
    • g. the unlawfulness or lack of truthfulness, accuracy, reliability, relevance, timeliness, and completeness of the content and information transmitted or made available to Users, including information and services provided by third parties or by Users through the Website.
    • h. any breach, defective performance, or termination for any reason of contracts entered into with third parties in connection with the provision of services through the Website.
    • i. the inability of any User, or the impersonation of a third party by the User.
  • II.ELZABURU, S.L.P.  shall not be liable in the event that information posted on the Website by any User offends others, defames them, infringes upon their right to reputation or privacy, or otherwise harms them, since, in accordance with the provisions of the Terms and Conditions, Website Users are prohibited from posting information that may be considered illegal, immoral, or contrary to public order.
  • III.—ELZABURU, S.L.P.shallnotbe liable for any damages that may arise from unauthorized third parties gaining knowledge of the nature, conditions, characteristics, and circumstances of Users’ access to and use of the Website and the information and services provided therein, or from Users’ failure to comply with their obligations regarding personal data.
  • IV.—ELZABURU, S.L.P.shall not be liable for damages of any kind that may result from errors in accessing or using the website, or in accessing or using its services or content, although it undertakes to prevent such errors, update the website, and correct such content. In other words, liability is excluded for any lack of availability or continuity in the operation of the website and its services, as well as for any failures in accessing the various web pages or those from which the services are provided.
  • V.— ELZABURU, S.L.P.. shall not be liable for damages of any kind that may arise from the information contained on its website or from websites to which this website may provide hypertext links or “links.” The purpose of the “links” appearing on the website is purely informational, and ELZABURU, S.L.P. shall not be liable under any circumstances for the results you may intend to obtain by accessing said “links.” Consequently, ELZABURU, S.L.P. shall not be liable for:
    • the availability, accessibility, and operation or continuity of the linked sites.
    • the quality, legality, reliability, usefulness, accuracy, currency, completeness, and/or authenticity of the content on the linked sites.
    • the maintenance, provision, or transmission of the content on the linked sites.
  • VI.ELZABURU, S.L.P. shall not be liable for damages of any kind that may result from the presence of viruses in Users’ computer systems, electronic documents, or files. Similarly, ELZABURU, S.L.P. shall not be liable for the presence of viruses in services provided by third parties through the Website that cause disruptions to Users’ computer systems, electronic documents, or files.
  • VII.—ELZABURU, S.L.P.shallnotbe liable, under any circumstances—including negligence—for loss of business, loss of use, loss of profits, loss of data, or for any indirect, incidental, special, or consequential damages resulting from Users’ access to or use of the Website.
  • VIII.— The User releasesELZABURU, S.L.P.from any liability that may arise as a result of a breach of the provisions of these Terms and Conditions, in particular, but without limitation, the Restrictions on Use of the Website set forth herein.

7. Translation into Other Languages

All information and documentation on the Website available in any language other than Spanish is provided for informational purposes only. In the event of any discrepancy between the content of the version in another language and that of the original Spanish version, the latter shall prevail.

8. Governing Law and Jurisdiction

The provision of the Website’s services and these General Terms and Conditions of Use of the Website are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction to which they might be entitled, agree to submit to the jurisdiction of the courts and tribunals of the city of Madrid.

8. Specific Terms and Conditions for the IP & IT Sensor Service

8.1. ELZABURU provides its clients and users with the free IP & IT Sensor service, which offers a general overview of a company’s or business’s level of maturity in the protection of industrial and intellectual property rights and the management of its intangible assets.
This service is not intended for minors; therefore, users under the age of 18 must refrain from using it.
In addition to the Specific Terms of Service outlined in this Section 8, the remaining sections of this Legal Notice also apply to the IP & IT Sensor Service.
8.2. The IP & IT Sensor Service includes the completion of a self-assessment via a brief questionnaire, the on-screen display of the results, their submission via email, as well as—if requested—the email delivery of a brief document regarding your company’s position in IP & IT matters relative to the sector in which it operates, and, in any case, providing appropriate follow-up on the service provided and the results obtained from the Sensor.
With regard to any other service or assistance required by the client/user beyond the actions specified in the preceding paragraph, ELZABURU reserves the right to provide a prior quote as appropriate.
8.3. The IP & IT Sensor Service does not constitute any type of legal advice, audit, or validation; it is based on an estimate derived from basic and general information provided by the client/user to determine their level of maturity regarding their company’s intangible assets. If the client would like a more detailed or specific study, evaluation, analysis, or consultation, they may contact ELZABURU expressly for that purpose, which falls outside the scope of the free IP & IT Sensor Service.