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Terms & conditions

NAILTED APP S.L., with registered office at C/Gardenias Nº 12, 4º C, 28295 Alcorcón, Madrid, with N.I.F. B88486048, registered in the Mercantile Registry of Madrid, in volume 39549 Folio 183, Page M-702096, hereinafter “Nailted” provides the site Nailted and its related services (“Services”), subject to the terms and conditions (“Terms of Service”) set forth below.

Please read them carefully before proceeding to use the services provided. Nailted reserves the right to update and modify the Terms of Use without prior notice.

New features that may be added to the Services shall be subject to the Terms of Use. Your continued use of the Service after any such modifications have been made will constitute your agreement to such modifications. You can always consult the most recent version of the Terms of Use at https://nailted.com/legal/terms.

Violation of any of the Terms of Use will result in termination of your account.

1. Account terms and conditions

Only those eighteen (18) years of age or older may access this Service.

You must provide a full legal name, an email address, and any other information required to complete the registration process.

You are responsible for maintaining the privacy of your account. Nailted will not be liable for any loss or damage that may result from your failure to protect your login information, including your password.

A single person, whether natural or legal, may not have more than one free account.

2. Payment and access

A valid credit card is required to make payments.

Nailted will charge you a monthly or annual fee depending on the type of account you have. The Service is charged each period in advance, and is non-refundable. There will be no refunds or credits for partial periods of the Service, nor will refunds be made if you do not use the Service during the period of time the account is open. No exceptions will be made in any case.

If you choose to be invoiced annualy, additional licenses used during the period will be prorrated and charged at the end of the period.

In the event you change your account type, your card will be immediately charged the new amount. Thereafter, every 30 days, your Card will be charged the new amount unless you cancel your account.

No fees include any taxes or duties required by your governmental authorities. You alone are responsible for payment of these taxes and duties.

3. Changes in service and fees

Nailted reserves the right to modify or discontinue, temporarily or permanently, the Service at any time for any reason, with or without notice.

Nailted reserves the right to change monthly fees upon 15 days’ notice. Notices of fee changes will be posted on the Nailted website. Nailted

4. Cancellation and termination

You alone are responsible for the proper cancellation of your account. You may cancel your account at any time from this form. Requests to cancel your account made via email or telephone will not be considered account cancellation.

You may cancel your account at any time by giving 30 days notice, unless you are benefiting from a discount due to a commitment of permanence, but you will be responsible for all charges incurred up to that point, including the full monthly charge for the month in which you discontinue service. Thereafter, you will not be charged for any further charges.

If you are enjoying a yearly commitment discount, you will be required to pay the outstanding fees until the end of the commitment period. Annual commitment accounts automatically renew for consecutive 12-month periods. For example, an account that acquires the commitment of permanence on March 1, 2020, will be automatically renewed on March 1, 2021 for another 12 months, having a commitment of permanence until March 1, 2022. In these cases, at least the number of licenses included in the invoice for the first monthly payment of the current term must be maintained.

Nailted reserves the right to modify or suspend, temporarily or permanently, your account at any time for any reason without prior notice or refund. In addition, Nailted reserves the right to delete all Content associated with your account. Nailted may refuse Service to any natural or legal entity for any reason at any time.

Nailted, its partners or its suppliers own the Intellectual Property rights in any and all protectable components of the Service, including but not limited to the Service name, artwork, all software associated with the Service and user interface elements contained in the Service, many of the individual features, and related documentation.

You agree not to copy, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any facet of the Service that Nailted, its partners or its suppliers own. You also agree and undertake not to use any robot, spider, other automated device, or manual process to monitor or copy any content of the Service.

Nailted will not claim any rights in the Intellectual Property of the Content you upload or provide to the Service. However, by using the Service to submit content, you agree that third parties may view and share your Content.

6. Privacy and data protection

When you enter or share your data with our Services, we do not own that data but you authorize us to use, copy, transmit, store, analyze and create backup copies of all data you have submitted to Nailted, including personal data about you or others, to:

  • – Use it in our Services
  • – Improve, develop and protect our Services
  • – Create new Services
  • – Communicate with you about your subscription - Send you information that we believe may be useful to you
  • – Send you information that we believe may be of interest to you based on your preferences - Send you information that we believe may be of interest to you based on your preferences

Please see our Privacy Policy for details of our privacy practices. By using Nailted, you acknowledge that we may collect information that is considered personal information and/or sensitive information for current laws. You further acknowledge you will be solely and exclusively responsible for providing all necessary controls on your website, as well as obtaining any consent you may be legally required to obtain from your customers.

Nailted does not process “sensitive personal data” under the GDPR, including the following:

  • – Races or ethnic origins
  • – Political opinions
  • – Religious or philosophical beliefs
  • – Membership in associations or trade unions
  • – Genetic data
  • – Biometric data
  • – Data concerning health, sex life or sexual orientation - Data concerning the person’s health, sex life or sexual orientation

By agreeing to the terms contained in this Agreement, including its attachments, you agree not to store any such data on Nailted and acknowledge that you represent and warrant that you will comply with all applicable laws, including but not limited to privacy and data protection laws, and that you will indemnify Nailted’s indemnified parties for any third party claims relating to your violation of such laws in your use of the Service.

Our Privacy Policy is incorporated by reference and made a part of this Agreement.

7. Confidential information

By using our Service, you may share confidential information with us and we may share confidential information with you. We both agree to take reasonable steps to prevent the other party’s confidential information from being accessible to unauthorized individuals. Both parties may share the other party’s confidential information if required to do so by any legal or regulatory authority.

8. General terms and conditions

You understand and agree that the Service is provided on an “as is” and “as available” basis. Nailted disclaims any responsibility for the availability, timeliness, security or reliability of the Service. You assume all risk and liability for your use of the Service.

You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written consent of Nailted. You may not use the Service to store, host, or send harmful or unsolicited email (spam).

You understand that the Service may be used for the transmission of your Content, and that during this process, your Content, including invoices, payment notices, and personal messages, may be transferred unencrypted over the Internet.

You may not use the service to transmit any viruses, worms, or any other malicious or harmful content.

Nailted makes no warranties regarding (a) your ability to use the Service, (b) your satisfaction with the Service, (c) that the Service will be available at all times, uninterrupted, and error-free, (d) the accuracy of mathematical calculations performed by the Service, and (d) that errors in the Service will be corrected.

Neither Nailted, its partners nor its sponsors are liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind arising out of or in any way connected with your use of the Service. You may only remedy your dissatisfaction with the Service by discontinuing use of the Service and terminating your account.

If any condition described herein is held invalid or unenforceable, the enforceability of any of the remaining conditions shall in no event be affected.

You agree to hold harmless and indemnify Nailted and its partners, representatives and employees from and against third party claims related to your use of the Service, including liability or expense arising from claims, losses, damages of any kind, litigation, judgments, court costs and attorneys’ fees, of any kind. In such event, Nailted will provide you with written notice of such claim, suit or action.

Any questions regarding the Terms of Use should be directed to the Nailted team: support@nailted.com.

The failure of Nailted to exercise any right provided in these Terms of Use shall not be deemed a waiver of any such right.

The Terms of Use establish an absolute understanding between you and Nailted with respect to the Service and supersede any prior agreements reached between you and Nailted (including, but not limited to, any prior versions of the Terms of Use).

The Terms, and your relationship with Nailted under these Terms, shall be governed by the laws of Spain. You and Nailted agree to submit to the exclusive jurisdiction of the courts of Spain to resolve any legal matter relating to the Terms. Without limiting the foregoing, you agree that Nailted may seek injunctive relief (or other equivalent urgent relief) in any jurisdiction.

This document’s last update: April 2021