TOBEIO Terms and Conditions

The Platform is subject to the terms and conditions specified below. The use thereof requires your express acceptance during the registration process.

The owner of the Platform is Tope Consulting S.L, bearer of TIN ESB81345431 and whose address is at Calle Méndez Álvaro 8-10, 1º A. Herein, the aforementioned entity is identified as “The Owner of the Platform,” “The Owner,” or, when referring to actions undertaken via the Platform, as “TOBEIO”.

We recommend that you read these conditions carefully before registering and using TOBEIO. If you have any questions about these Terms and Conditions, we make some frequently asked questions available to you at https://TOBEIO.com/faq.html. You also have at your disposal the email address contact@TOBEIO.com in the event you have any questions.

In the event that you do not agree with these Terms of Use and Contracting Conditions, you should not register or use the platform.

You hereby declare:

- That you have read and understand what is stated herein.

- That at the time of accepting these Terms and Conditions, you have sufficient legal standing to enter into this agreement, especially if you are going to bind an organization.

- That you assume all the obligations provided here for Users and their organizations.

TOBEIO reserves the right to modify these General Terms and Conditions at any time and at its discretion.

TOBEIO: Multi-platform project management software that allows companies to optimize workflows and measure the productivity of their workers.

Privacy Policy: Legal notice in which we inform Users about the data that we collect and use in our services, the legal basis for data processing, as well as the rights and guarantees that we provide to data subjects. Registration and use of our platform for the different services we offer requires the express acceptance of our Privacy Policy.

Service Packages: Set of services that TOBEIO offers to USERS.

Subscription Fee: Price that the USER will pay to TOBEIO for contracting a service package for an indefinite period of time.

Access Credentials: Username and password chosen by the user to identify himself/herself with TOBEIO.

USER: This is any person --whether an individual or legal entity-- that is duly registered on the platform and accepts and complies with these Terms and Conditions of Use, as well as the Privacy Policy. In order to use the platform and contract service packages, it is mandatory to have a user profile.

These Terms and Conditions govern the USER's registration and the granting of a Usage License for TOBEIO, as well as for the services offered and hired through its Platform.

Use of the platform will not be possible without first registering. For registration, it is necessary to:

- Have the following prerequisites:

- Be of age.

- Have sufficient legal standing to act and be bound by a contractual relationship.

- Likewise, all of the information provided in the Registration process must be true, accurate, up-to-date, and complete.

- Complete the registration form, agreeing that the data provided is current, truthful, and lawful.

- Read and accept these Conditions and the Privacy Policy. Do this before sending personal data to register as a USER.

Once the registration process for a new USER is completed, you assume the obligations and responsibilities stemming from these Conditions.

You may register with and login to TOBEIO through a single sign-on (SSO) solution like Google or Facebook.

You must bear in mind that, through this system, TOBEIO will not have access to your password or to any other personal data other than the data you authorize. Specifically, Facebook gives TOBEIO access to your full name and profile photo, and Google gives us access to your email address, as well as all the information that you have shared publicly. TOBEIO will likewise not give access to additional information to the aforementioned platforms beyond the use of the single sign-on solution.

Facebook's privacy policy can be viewed at http://www.facebook.com/policy.php., and

(https://policies.google.com/privacy?hl=es)

Google's is at    . Visit them to find out more about their single-sign on

services and the way they process your data.

The use of single sign-on systems with TOBEIO for registration and login are optional, and each user is responsible for activating and configuring the service on the platforms that provide it.

3.1- Proper use of credentials

The USER will be responsible at all times for the custody of his/her password, assuming consequently any liabilities and/or damages that may arise from improper use thereof: for example, transfer or disclosure of the password to third parties, as well as its loss and/or loss of control. In any of these cases, the USER must immediately change his/her password and keep it secret.

3.2- Attribution of actions to specific login credentials

For these purposes, access to restricted areas and/or the use of applications using the password belonging to a USER will be deemed to have been carried out exclusively by that USER, who will be liable under all circumstances for the consequences arising from said password's use.

TOBEIO reserves the right to withdraw, restrict, and/or deny access to the platform without prior notice for Users who use emails with certain domains and/or for Users from certain countries -- doing so for legal reasons, judicial reasons, or as a result of a governmental order -- or for reasons of company security or for the security of the company's infrastructure and/or services, or for business reasons.

The USER, an individual who acts on the Platform on behalf and in representation of a legal entity or organization, must have the necessary permission and authorization to act at all times. Failure to comply with this clause may bring about the suspension and/or cancellation of the User Account.

Simply registering on the Platform and using some of the tools contained thereon is free, as described on the following page, which includes the different plans that can be contracted. The reason for allowing for the Platform to be used for free is so that the USER may evaluate the possibility of contracting or accessing paid services.

When a service requires any type of payment from the USER, this will be clearly indicated and contracting will require express consent.

The contracting of paid services is carried out by monthly or annual subscription to a Service Plan. You can check our plans through our pricing website.

You can check the details of your subscription through the profile management area, where you will be able to see the details of your current subscription and related payments, as well as being able to choose a different Service Plan.

8.1- Applicable rate

The applicable rate will be the one in force at the time of subscription, which will be published at https://TOBEIO.com/es#plans. Bear in mind that these rates will be modified over time; thus, if you wish to check the rate applicable to your plan, you should look at the payment document generated after you subscribe. The prices shown include Value Added Tax (VAT) as applicable and are in euros.

8.2- Modification of rates

We reserve the right to modify our rates at any time after notifying the client to this end. In any event, the new applicable rates will not be applicable until the next billing period in accordance with the plan chosen by the client.

8.3- Subscription period

The subscription period for the service will be determined by the date on which you sign up and the type of plan you subscribe to, which will be automatically renewed in order to avoid service interruption unless you instruct us otherwise through the option provided.

Keep in mind that the rates applicable at the time of renewal will be those in effect at the time renewal occurs.

8.4- Non-payment

In the event of non-payment due to the card provided by the client being rejected or for any other reason, it is at the discretion of TOBEIO to try to collect payment a second time, suspend the service, or proceed to the service's definitive cancellation. These actions do not imply in any way a waiver of the right to collect the amounts owed by the client. The client will not have the right to be compensated in any way for losses and/or damages resulting from the suspension or cancellation of the service due to non-payment.

8.5- Changes in the contracted plan

The client may, at any time, make a change to the plan he/she has contracted. This change implies a readjustment in the applicable rates and the billing period and, in some cases, may generate a credit in the client's favor or a new charge through the chosen payment system. Please read the information that will be provided to you in detail when changing plans in order to properly assess the benefits and/or drawbacks of your specific case. The choice of the free plan brings about a cancellation of the subscription you are currently enjoying at that time.

In any event, none of the possible change options will allow for a refund or return of the amounts paid.

8.6- Accuracy of payment data

It is the client's responsibility to provide accurate and complete billing information. TOBEIO is not responsible for the consequences that an error in filling out the billing information may cause the client.

1. Users may not provide their access credentials to third parties.

2. Users must use the Platform in accordance with the provisions of the legal system.

3. Users may not use the information on the Platform for the sole purpose of carrying out industrial espionage on TOBEIO's products and services.

4. Users may not carry out any type of action that implies the alteration, deletion, or omission of the logical access security measures and/or of access to computer resources and data hosted on the Platform's servers.

5. Users may not impersonate other Users by using their name or nickname or their access codes for the different services and/or contents of the Website.

6. Users may not register, store, publish, disseminate, transmit, or make any type of content available to third parties through the Platform if said action constitutes a violation of the intellectual and industrial property rights, patents, trademarks, or copyrights belonging to third parties.

7. Users may not disclose, disseminate, transmit, or make available to third parties through the Platform any type of information, element, or content protected by confidentiality agreements; nor may users do so with information, elements, or content that the law considers confidential -- unless the necessary permission to do so has been secured.

8. Users may not register, process, or disclose any personal data through the Platform without having sufficient legal grounds to do so under the terms set forth in Spanish and European law.

9. Users must pay the fees agreed upon for the chosen Service Plan.

10. Users must only use payment methods that the User owns when contracting paid services on the Platform.

11. Users must respect the Acceptable Use Policies set forth herein.

In the event that USERS do not comply with the conditions set forth herein, TOBEIO reserves the right to reject any application for registration and/or suspend or cancel a previously accepted registration without being obliged to detail the reasons for its decision.

6.1- User's commitment

The USER agrees to make reasonable, non-fraudulent, non-abusive, non-anomalous use of the services on the Platform. The USER will be held liable to TOBEIO for any use other that goes against that mentioned previously and which may cause damage or harm to TOBEIO or third parties.

6.2- Uses contrary to the Acceptable Use Policy

Notwithstanding any other users that also imply a use other than that contemplated herein, the following actions will be considered uses that go against the Acceptable Use Policy:

● The circumvention of measures meant to control/monitor the Platform's use, established so that TOBEIO can calculate the amount to be billed to the paid services client.

● The uploading and downloading of information exceeding 200 GB per month and User.

● Hosting of data greater than 100 GB in a period of 30 days.

● Data transfer greater than 200GB per user.

● The use of the platform for purposes other than those it was designed for.

6.3- Control measures

In the event that the USER does not comply with these policies, TOBEIO reserves the right to suspend the User Account in order to investigate and verify the Platform's acceptable use. In the event that it is verified that there has been a violation of the Acceptable Use Policies, TOBEIO will adopt the measures it deems necessary, amongst which are the cancellation of the account or the termination of the subscription before the expiration date and regardless of the Service Package contracted.

7.1- Suspension

The suspension of User Accounts is a measure undertaken by TOBEIO in the event of a failure to comply by the USER with these Conditions or in the event of the existence of indications that the Acceptable Use Policy is being violated. Suspension means that the USER will not be able to access the Platform with his/her credentials, nor will the user be able to access the content and resources associated with his/her Account while the situation of non-compliance persists or TOBEIO is verifying the account's acceptable use.

7.2- Cancellation

The cancellation of the User Account is a measure designed by TOBEIO to combat serious failures to comply with these conditions; for example, using the services in a way that goes against the law. Cancellation is also for cases in which the USER does not remedy (within the indicated timeframe) a situation of non-compliance that has been identified and made known to the USER by TOBEIO. Cancellation means the deletion of the User Account and the information hosted thereon and associated therewith, as well as the revocation of the Usage License granted to the USER.

7.3 - Liability for suspension and cancellation

Suspension and cancellation do not bring about the right to compensation in any way in favor of the USER for any losses and/or damages that may be incurred. THE USER is solely liable to third parties for any losses and/or damages that the suspension or cancellation of his/her Account as a result of a failure to comply with the Terms and Conditions could bring about.

Our privacy policy, which is part of these Terms and Conditions, describes how we collect your personal data and what measures we take to protect it and improve your experience with TOBEIO. You can access our privacy policy here. [hyperlink to privacy policy]

Therefore, by accepting these Terms and Conditions, you also accept our Privacy Policy.

9.1- Property of the platform

Tope Consulting S.L is the owner intellectual and industrial property rights for the platform and of the contents provided thereon, as well as owning the right to use the TOBEIO brand. Use of the platform does not grant the USER any intellectual or industrial property rights beyond those provided for below.

9.2- Usage license

For the Platform's use, the User is granted a non-exclusive, non-licensable, non-transferable, revocable license to access and use the various features. This license is granted provided that said use does not go against these conditions and applicable law.

9.3- Permission to use the brand and images of the client

TOBEIO may use the brand, images, and the rest of the information provided by the client solely and exclusively for the commercial promotion of its contents and events. Any other use of resources that is not contemplated in this contract will have to be previously agreed upon between the parties.

9.4- Prohibition of reverse engineering

Any reverse engineering actions that involve de-obfuscating and/or decompiling the computer elements that make up TOBEIO will be considered an infringement of the intellectual and/or industrial property rights held by the Owner of the Platform and/or third parties.

We provide our USERS with a customer service department in order for them to bring to our attention any claims regarding the services provided by TOBEIO. Users can contact customer service by email at the address contact@TOBEIO.com.

The USER is aware that he/she is making use of a technological platform that may suffer from malicious computer attacks or be affected by incidents or breaches that are difficult to predict due to their complexity. It is the USER's responsibility to make periodic copies of the information hosted and assess the security measures offered by TOBEIO to verify that they adapt to the degree of confidentiality, sensitivity, and availability of the information hosted on the Platform -- especially if these factors affect third parties. Should risks be identified in this regard, the USER must refrain from using the Platform or make limited use thereof to mitigate said risks.

The Owner of the Platform will not be held liable for losses and/or damages stemming from causes that are not foreseeable. In this sense, the Owner of the Platform limits the Owner's liability to losses and damages stemming from a clear failure to comply on the Owner's part and which exclusively affect the USER.

In the event that TOBEIO deems this to be necessary, it may temporarily interrupt the service for as long as needed to resolve the incident or breach detected.

Similarly, the service may be suspended due to force majeure or as a result of issues beyond the control of the company.

Technical support will be as described in the subscription plan contracted.

All content on the Platform and its services (including all content, features, software, and services) are provided as is, without warranties of any kind -- neither express nor implied.

The Owner of the Platform reserves the right to modify and change the platform and any applications it develops related thereto at its discretion and without prior notice, doing so in order to adapt the platform to the Owner's business model. Likewise (and consequently), the Owner reserves the right to modify these Terms and Conditions for the service. A change in the Terms and Conditions will be made known to the USER so that, if the USER is not satisfied with the change, he/she can avoid use by taking advantage of the subscription change policy provided for herein.

These terms and conditions and the provision of our services are to be governed and interpreted in accordance with Spanish law. The Courts of Madrid, Spain are hereby set for the resolution of any conflicts that may arise from these Terms and Conditions and in relationship with the provision of the Platform's services.