Terms and conditions

Terms and conditions

These terms and conditions ("Terms") cover the use and access to the services, Client software (App) and websites ("Services" or “Service”) provided by GLIFUP, S.L. (also referred to as “Glifup” or “Glyphstock”) to the Client. By contracting our Services, the Client is contracting a specific space for recording digital data on optical media for long-term storage.. By using our Services, the Client agrees to be bound by these Terms, and to review our Privacy and Acceptable Use policies. If the Services are used for an organization, the Client agrees to these Terms on behalf of that organization.


These Terms constitute the entire agreement between the Client and Glifup with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.


The Client guarantees that he is of age and will be entirely responsible for this declaration and the veracity of the data provided.


All Clients resident or domiciled in other countries should ensure that access to and use of this website and / or its contents, as well as the app, is permitted in accordance with its own legislation, exonerating, in any case Glifup of any liability to the extent as permitted by applicable law.


Subject of the Contract

By contracting the Services , the Client is contracting a specific capacity for recording digital data on optical media for long-term storage, receiving, depending on the chosen modality, a first physical copy of this recorded data when the file is closed and the copy stored by Glyphstock at the time of non-renewal of the storage space.


Glyphstock reserves the right to modify the optical media used at any time and without prior notice.


For such storage the data will be encrypted with a key the Client will set or, in case the Client doesn’t wan to do it, with a random key set by the Glyphstock application. In this case, the Client can also set another additional key.


These Terms do not grant Glifup access or rights over the data (“Content”) of the Client, that is archived. Glifup has no responsibility in relation to that Content at no time. The Client is the sole responsible for the archived Content and the Client must take into consideration the Acceptable Use Policy and T&C of Glifup.


To contract the Services the Client must sign up as Glifup Client using the Client application, communicating the data required for its profile, as well as user name and password. Once the Client is a registered Client the Client contracts the modality of Services he wants to hire. In case of Services with a monthly/anual payment both parts agree to a permanence commitment with a 1 year duration.


The Client sends the content by direct transfer to Glifup, so that Glifup can provide the contracted Services. Depending on the chosen modality of Service, that transfer can also be made using other media, agreed by Glifup and the Client.


In case that, once registered, the identity of the Client can not be verified through the email that will be sent for that purpose, the Client must prove his identity by providing a legally accepted document for such purpose, such as the passport or identity card.


Duration and Termination


The Services will depend on the product/service chosen at the time of contracting the Service through the Client application, as well as its duration, features and termination.


Current Prices, services, products and its features that are applied/offered can be viewed at any time under http://www.glyphstock.com. Glyphstock reserves the right to modify the prices and services offered at any time and without prior notice.


In the event that the Service is contracted through the acceptance of a budget, the aforementioned will be included in this budget and in everything not provided there, it will be as provided in these General Conditions.


The Services can be increased at any time by the Client, proceeding to apply for it and pay for it through the Client application.


The Client is free to stop using the Services and at that time the user name and password will be removed, with no refund. Refunds are only issued if required by Law. Client, e.g., living in the European Union have the right to cancel the Service within 14 days of signing up for.


In case the Client stops using the Service, Glifup reserves the right to destroy the physical medium with the Content. Not using the Service means that the archiving of the data during the contracted time will not take place.The Client can request, upon payment of that service, the destruction of the physical medium with the issuance of a destruction certificate.


In the modalities of monthly / annual payment, in case of discharge, the amount proportional to the number of non-effective months of the permanence commitment established, which will be 1 year, will be charged. In this case the data will be archived during the number of years contracted by the Client, unless the Client informs Glifup in writing that he wants his data not to be archived during the contracted term, reserving Glifup the right to destroy the media with the Content. The Client may request, upon payment of that service, the destruction of the physical medium with the issuance of a destruction certificate.


If Glifup receives a cancellation request, the user account will be deleted, however it continues to be governed by the Terms of Service in all that is applicable to users.


Glifup reserves the right to suspend or end the Services at any time at its discretion and without notice in certain cases. For example, Glifup may suspend or terminate the use of the Services if:


  1. The Client has breached any provision of the Terms or acted in manner which clearly shows that it does not intend to comply with such provisions or can not comply, in particular, the user agrees not to use the saved and dissemination services of the portal for illicit, illegal activities or contrary to good faith and public order, (II) disseminate racist, xenophobic, pornographic, illegal, apology of terrorism or against human rights content or propaganda, (III) cause damage to the physical and logical systems of Glifup, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are capable of causing the aforementioned damage, (IV) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages, (V) in general actions that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual property and industrial rights.
  2. The Client causes risk or use the Service so that it can provoke legal responsibilities for Glifup.
  3. Any law or court requires it to Glifup
  4. The provision of services is no longer commercially viable from the point of view of Glifup. In this case Glifup reserves the right to destroy the physical medium with the Content. The Client can request, upon payment, the destruction of the physical medium with the issuance of a destruction certificate.

In the event of insolvency, bankruptcy or any other scenario that could lead to a definitive cessation of our activity, all the stored data is sent to their owners


If Glifup decides to suspend or terminate the Services, the user account will be deleted, however it continues to be governed by these Terms of Service in all that is applicable to users.


Likewise, the Client agrees not to make unauthorized access or reproduce, duplicate, copy, sell, trade or resell the Services of Glifup for any purpose.


Price and Payment


The price of the Service is the one chosen at the time of contracting the Service through the Glyphstock Client application.


The price of the recovery copies is the one selected in the moment of contracting it through the App.


The payment will be made through the means selected by the Client of the means of payment offered by Glifup and will be made at the time contracting the Sercie. No Service will be started until Glifup is satisfied that it has effectively collected the stipulated amount.


The Client will receive a payment confirmation by message and by mail to the e-mail address indicated when he signs up.


The Client pays the shipping costs of the first copy that is automatically contracted by contracting the service. To receive this copy the Client must select the box “Receive a copy of the data”.


The storage term is renewed automatically once the term expires. You will receive a notification before the end of the term and you will be billed automatically after the term, according to the market rate that corresponds. The renewal will be billed to the credit card originally used to make the purchase.


If that card has expired since then or the account has been closed, you will receive a renewal notification via email from which you can update your billing information.


The prices may change without prior notice.


Shipping

The conditions and rates of shipping of the recovery copies requested by the Client, will be established on the app and will be the valid ones at the time such copies are requested.


The shipping costs are paid by the Client, depending on the contracted modality.


These conditions and rates may change without prior notices.


Responsabilities of the Client


The Client is responsible for the archived Content, excluding Glifup from any legal liability arising. The Client declares that he/she/it understands and complies with the Acceptable Use Policy, as well as this Terms of Service.


Client is solely responsible for the use performed with its username and password, as well as for the actions, messages, communications or statements made or sent from its account, also, the Client is solely responsible for the use of service and the content of the information provided, and any thereof resulting direct or indirect consequence, with full indemnity for Glifup.


The Client must safeguard with the utmost care the passwords or keys to the Services, being the only custodian of it, that can't be changed or recovered, make sure that others don't have access to it, excluding Glifup from any legal liability arising for it and the use of it.


In the event that the Client contracts the modality to share his files, it is his responsibility with whom he shares this file and the use made of it.The number of people to share may be subject to limitations.


The creation of sending groups and sub-users may be subject to limitations.


Software and Intellectual Property

For contracting and using the Services Glifup allows the Client to download Client software ("Software"), property of Glifup, which may update automatically. So long as the Client complies with these Terms, Glifup gives a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Unless the following restrictions are prohibited by law, the Client agrees not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.


The Services are protected by copyright, trademark, and other Spanish and foreign laws. These Terms don't grant the Client any right, title or interest in the Services, Glifup trademarks, logos and other brand features.


Beta Services

Sometimes products and functions that are in the testing and evaluation phase can be launched. These services are called beta or with words or phrases with a similar meaning and may not be as reliable as other Glyphstock services.


Liability and Responsibilities of Glifup

To the fullest extent permitted by law, Glifup and its affiliates, suppliers and distributors make no warranties, either express or implied, about the Services. The Services are provided "as is." Glifup also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.


Glifup and its suppliers will not be liable for:


  1. None damage or injury of any kind, direct, indirect, incidental, special, incidental, punitive, consequential, or exemplary that affect the Client, whatever the cause is and under any theory of liability. This includes, among others, any loss of business or profits, either directly or indirectly, any loss of goodwill or reputation, loss of data by its part, expenses for the supply of goods or substitute services or other intangible losses, regardless of what the legal doctrine is.
  2. The changes that Glifup may incorporate into the Services or the temporary or final interruption of these or any of its functions.
  3. The removal or damage of the Content and other information stored with Glifup, that is hosted in the Services or offered through these, as well as the impossibility to store them.
  4. The negligence for not having preserved the password or account information secure and confidential.

To the fullest extent permitted by law, Glifup and its affiliates, suppliers and distributors make no warranties, either express or implied, about the Services. The Services are provided "as is." Glifup also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.


Glifup and its suppliers will not be liable for:


Waiver and Assignment of the Contract

Glifup's failure to enforce a provision is not a waiver of its right to do so later.


The Client can not assign to third parties any of the rights attached to these Terms. Glifup may assign, transfer, encumber, subrogate in favor of third parties, totally or partially, the rights and obligations pursuant to the contractual relationship expressed herein, as well as the contractual position to any third party, as well as outsource totally or partially the services, giving his explicit consent the Client by accepting this terms and conditions.


Severability

If any provision of this Agreement is declared fully or partially invalid, null, ineffective or contrary to law or unenforceable, it will only affect that provision or part thereof that is invalid or ineffective, but will not affect the validity and enforceability of the remaining clauses to continue subsisting and maintaining its validity. Glifup will replace the illegal provision or null as soon as possible by a new provision.


Modifications

If any provision of this Agreement is declared fully or partially invalid, null, ineffective or contrary to law or unenforceable, it will only affect that provision or part thereof that is invalid or ineffective, but will not affect the validity and enforceability of the remaining clauses to continue subsisting and maintaining its validity. Glifup will replace the illegal provision or null as soon as possible by a new provision.


Communication purposes

The Client agrees to communicate and report all incidents by email.


Mail of Glifup for these communications will be:


The mail of the Client will be the e-mail address associated with its Client account.


The Client undertakes to keep operating this email and keep updated its profile. Glifup shall be released from any liability that may arise from the lack of consultation or error in the e-mail address provided by the Client. Each party shall be responsible for the custody of the copies of the communications made.


Language

The language applicable to the legal notice and terms is Spanish. If there is any contradiction between what the Spanish version of these Terms states and what the translation states, the Spanish version shall prevail in any case.


Applicable Law and Competent Jurisdiction

For the resolution of all disputes, disagreements, issues or claims arising from the interpretation, performance, breach, termination, invalidity, etc. of this Terms or related to it, directly or indirectly, both parties submit to the Judge and Courts of Palma de Mallorca, Spain, renouncing to any other forum that may be incumbent.


Applicable time is GMT (Greenwich Meantime) + 1.00.


GLIFUP, S.L.
C/Ada Byron, s/n Edif.NTIC 1C
07121 – Palma de Mallorca – E

CIF: B-57917627