1. GENERAL INFORMATION

These General Terms and Conditions govern the use (including mere access) and operation of the website kategora.com

⁣⁣In compliance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), the website kategora.com is owned by KATEGORA INVESTMENTS, S.L. (hereinafter, KATEGORA), registered in the Commercial Registry of Vizcaya, Volume 4688, Folio 79, Section 8, Sheet BI-46103, with registered address at C/ Gran Vía Don Diego López de Haro 2 – 8º, 48001 Bilbao, Tax ID B95419917, and email: info@kategora.com.

2. ACCEPTANCE OF THE CONDITIONS OF USE

By using this Website, the visitor acquires the status of User, which implies full acceptance of these General Terms and Conditions in the version published at the time of access. Therefore, KATEGORA recommends that the User carefully read these Terms each time they visit the Website.

⁣⁣Consequently, it is the sole responsibility of every visitor and/or User to read the current General Terms of Use carefully each time they access this Website. If the User does not agree with any of the conditions set forth herein, they must refrain from using this Website.

⁣⁣KATEGORA reserves the right to modify, at any time and without prior notice to the User, the design, layout, and/or configuration of the Website, as well as some or all of its Content, and to change the general and/or specific terms and conditions required to use such content.

3. WEBSITE USE

The User is fully aware and expressly agrees that the use of kategora.com is done solely and exclusively under their own responsibility.

⁣⁣In using kategora.com, the User agrees not to engage in any conduct that could harm the image, interests, or rights of KATEGORA or third parties, or that could damage, disable, overload, or otherwise hinder the normal functioning of the Website. ⁣⁣

The content provided on kategora.com is made available to Users from both internal and external sources. ⁣⁣

The inclusion of content on kategora.com does not in any way constitute the provision of a professional service. The User acknowledges that the application of law to specific cases is not automatic and may vary significantly depending on numerous factors. For this reason, KATEGORA advises Users not to make decisions based solely on the information provided on the Website without seeking appropriate professional advice.

⁣⁣KATEGORA shall not be held liable for the use made by third parties of the information published on the portal, nor for any damages or economic losses—whether direct or indirect—that may be caused by the use of such information, including harm to data, material assets, or economic interests.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The User acknowledges and agrees, through these General Terms and Conditions, that all intellectual and industrial property rights over the content and/or any other elements included on this Website (including but not limited to trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, layout, “look-and-feel,” audio, and video) are the exclusive property of KATEGORA and/or third parties who hold the exclusive right to use them in the course of trade. ⁣⁣

Access to the Website shall in no case be construed as any type of waiver, transfer, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any other rights of use, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its contents beyond those expressly stipulated herein. Any other use or exploitation of any such rights shall be subject to the prior and express written authorization of KATEGORA INVESTMENTS, S.L. or the third-party holder of the rights in question. ⁣⁣

Claims that may be filed by Users or third parties regarding possible infringements of intellectual or industrial property rights on any of the contents of this Website must be submitted to the following email address: info@kategora.com, including the following information: ⁣⁣

1- Full name, postal address, and email address of the affected party or, where applicable, of the person authorized to act on their behalf, specifying the legal authority under which they are acting (hereinafter, the claimant). ⁣⁣

2- A statement from the claimant affirming that they are the holder of the allegedly infringed rights, including their physical or digital signature. ⁣⁣

3- A precise description of the content protected by the allegedly infringed intellectual property rights, along with its exact location on the Website.

4- ⁣⁣An express statement from the claimant asserting that the use of the content has been carried out without the consent of the holder of the allegedly infringed rights.

4.1 Domain Names ⁣⁣

In line with the provisions of the previous section, the domain name kategora.com, as well as any others that provide direct access to this website, are the exclusive property of KATEGORA. Any improper use of these domains for commercial purposes constitutes an infringement of the rights granted by their registration and will be prosecuted through the legal means provided by applicable regulations.  ⁣⁣

4.2 Copyright

⁣⁣All content on this site—including texts, photographs, designs, logos, images, sounds, videos, animations, recordings, software programs, source code, and, in general, any intellectual creation—along with the website itself as a multimedia artistic work, is protected under intellectual property laws as copyrighted material.  ⁣⁣

4.3 Personal Use ⁣⁣

KATEGORA authorizes Users to use, view, temporarily copy, download, and store content and/or elements included on the website exclusively for personal, private, and non-commercial use, provided that the source and/or author is clearly indicated and, where applicable, the corresponding copyright symbol and/or industrial property notices are preserved.

⁣⁣The use, reproduction, communication, and/or distribution of such elements for commercial or profit-making purposes, as well as their modification, alteration, or decompilation, is strictly prohibited. ⁣⁣

Any use other than those expressly permitted requires prior written authorization from the holder of the rights concerned. ⁣⁣  ⁣⁣

4.4 Reservation of Legal Action ⁣⁣

The User agrees to respect the aforementioned rights and to refrain from any actions that could harm them. KATEGORA reserves the right to take any legal action necessary to defend its legitimate intellectual and industrial property rights.

5. DISCLAIMER OF WARRANTIES AND LIABILITY

⁣⁣5.1 Disclaimer of Warranties and Liability for Website Operation

KATEGORA does not guarantee the availability or continuity of the operation of the website. Likewise, KATEGORA shall under no circumstances be held liable for any damages or losses that may result from:

1- ⁣⁣The lack of availability or accessibility to the website;

2- ⁣⁣Interruptions in the operation of the website or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, the Internet system, or other electronic systems during its operation; ⁣⁣

3- The unsuitability of the website for the specific needs of Users;

4- and ⁣⁣Other damages that may be caused by third parties through unauthorized intrusions beyond KATEGORA’s control. ⁣⁣

The absence of viruses or other harmful elements on the website introduced by third parties unrelated to KATEGORA is not guaranteed, and which may cause alterations to Users’ physical or logical systems or to their electronic documents and files. ⁣⁣

KATEGORA implements various protective measures to safeguard the website and its content from cyberattacks by third parties. However, KATEGORA does not guarantee that unauthorized third parties will not be able to access or become aware of the User’s type of use of the website or the conditions, characteristics, and circumstances under which such use is carried out. Consequently, KATEGORA shall under no circumstances be held liable for any damages or losses that may result from such unauthorized access. ⁣⁣

⁣⁣5.2 Exclusion of Warranties and Liability for the Use of the Portal, Services, and Content by Users

KATEGORA shall not, under any circumstances, be held liable for the use that Users and/or third parties may make of the website or its content, nor for any damages or losses that may result from such use. ⁣⁣

KATEGORA disclaims all liability for any kind of damage or harm that may arise from the use of services and content by Users, or from the inaccuracy, lack of validity, completeness, and/or authenticity of the information provided by Users about themselves. In particular, but not exclusively, this includes any damages or losses resulting from identity theft of a third party carried out by a User in any type of communication made through the portal. ⁣⁣  ⁣⁣

5.3 Exclusion of Warranties and Liability for Content ⁣⁣

KATEGORA shall not, under any circumstances, be held liable for any damages or losses that may result from: ⁣⁣

1- Damages of any kind arising from the unlawfulness, unreliability, usefulness, truthfulness, accuracy, completeness, or timeliness of the content. ⁣⁣

2- The inadequacy of the content for any particular purpose or the failure to meet the expectations generated by the content.

6. PERSONAL DATA

Merely visiting the kategora.com website does not result in the automatic recording of any personal data that would identify the User. However, certain non-personal information that is not associated with a specific User may be collected and stored on KATEGORA’s internet servers (for example, the User’s type of internet browser and operating system), with the purpose of improving User navigation and the management of the kategora.com website. ⁣⁣

KATEGORA may request certain personal data from the User to access specific content or services, in full compliance with Regulation (EU) 2016/679 and Spanish Organic Law 3/2018 of December 5th on the Protection of Personal Data and Guarantee of Digital Rights. ⁣⁣

⁣⁣7. MODIFICATION AND TERMINATION OF SERVICES ⁣⁣

The duration of this website is, in principle, indefinite. However, KATEGORA reserves the right to modify, suspend, or terminate the provision of its services, as well as these General Conditions, at any time and without prior notice.

⁣⁣8. APPLICABLE LAW AND JURISDICTION ⁣⁣

These General Terms of Use are governed by Spanish law. Any dispute related to the kategora.com website shall be submitted to the jurisdiction of the Spanish courts, with both parties expressly agreeing to submit to the Courts and Tribunals of the city of Bilbao and their hierarchical superiors, expressly waiving any other jurisdiction that may apply if different from the aforementioned. ⁣⁣

The simplest and most effective way to request clarification, submit a complaint, make a suggestion or comment is by sending an email to: info@kategora.com

⁣⁣Accessing and using this website implies acceptance of these General Terms of Use.

 

⁣⁣Copyright 2023. KATEGORA INVESTMENTS, S.L. All rights reserved. Total or partial reproduction is strictly prohibited.