LEGAL NOTICE AND GENERAL CONDITIONS

RED SOCIAL LIDERALIA SL (hereinafter "RSL") is a Spanish entity domiciled in 17007- Girona (Spain), Ctra. Antiga d’Amer, number 10-12, floor 2-A1. Provided with Number Tax Identification (NIF) B-66.256.942, duly registered in the Commercial Registry of Girona in Volume 3,226, Folio 183, Section 8, Sheet number GI-57,646, Inscription 7 and whose Contact email is [email protected].

RSL is the owner or licensee of intellectual property rights or any other type on the portal accessible through the website https://nextlives.com/es/login (the “Extranet").

These general conditions of use and contracting (hereinafter, the "Conditions General") regulate the access and use of the Extranet, as well as the contracting of security services. RSL by users with whom you have signed a business collaboration agreement or analogous relationship through which a license to use on the Nextlives software (the "Users"). The General Conditions will be complemented by any other legal texts that regulate any functionality, service, application, platform or other means necessary for the use of the Extranet or included in it.

Without prejudice to the foregoing, in any case the "Specific Conditions" agreed upon between RSL and each of the users in their respective business collaboration agreement and use of the Nextlives license will prevail over these General Conditions.

In any case, users will always be representatives or employees of people legal entities or natural persons in their capacity as professional businessmen, over 18 years.

The General Conditions must be expressly accepted by users during the process of creating your user account and will be available at all times on the main page of the Extranet for your consultation and review.

1. Object

Nextlives software is a tool that allows its end users to create a Web Private "In Memoriam" commemorative, for the purposes of sharing information related to the death of a family member or close friend (the "End Users"). The Commemorative Website "In Memoriam" allows its participants to share information about the time and place of celebration of the ceremony of a specific funeral, as well as other data and content related to the deceased person and their death (for example, images, videos, photos, texts, reminders, etc.). Likewise, the tool also provides information related to funeral homes and other companies dedicated to funeral or similar services. The purpose of the Extranet is to offer users a platform within the Nextlives Software so that users can manage and execute the business collaboration agreement achieved with RSL. End users do not have access to the Extranet.

2. Company Users and Branch Users (access and functions)

The users who can access the Extranet are of two types: (i) Company Users and (ii) Branch Users. Next, the company users and branch users are defined. detailing its functions:

i. Company Users

The Company User will register each of the branch users on the Extranet. To these effects, the company user will include in the corresponding sections of the Extranet the name of the branch user, the CIF, the address, the person and contact information (telephone and email electronic), and, optionally, the web page and images of the branch user. Once authorized, branch users will be registered.

Once the authorization of the new branch user has been formalized by the company user, He or she will receive a notification from which he or she can create his or her personal password. The company user may, at any time, deny permissions to one or more of its users. branch users, change the authorized person or modify their access data. The user The company is responsible for keeping the data of each of its users updated. branch offices. The company user will be able to consult the history of all the Commemorative Websites "In Memoriam" created by its entire network of branch users, as well as consulting the dashboard where the evaluation of each branch user is shown based on the surveys that RSL sends to end users of the Nextlives software who have confirmed their attendance at a ceremony. RSL will provide the company user with the results of the questionnaire carried out to the end users of the "In Memoriam" Commemorative Website regarding the ceremony celebrated, without providing their personal data.

ii. Branch Users

The branch user must identify themselves, in any case and for any action that leads to carried out under the contract, under the corporate brand of the company user. The branch user is in charge of creating new Commemorative Websites "In Memoriam" from the Extranet. All the material and/or documentation necessary for the activation and operation of The Commemorative Website "In Memoriam" will be provided by RSL to the company user, who undertakes to provide it to the corresponding branch users. The branch user will be able to consult the history of all the Commemorative Websites "In Memoriam" created by her.

3. Creation of Commemorative Website "In Memoriam"

The process of creating a new "In Memoriam" Commemorative Website will be the responsibility of the branch users authorized by the company user and will be carried out following the steps detailed below:

  1. The branch user will access the Extranet from https://nextlives.com/es/login with the passwords provided by the company user.
  2. In the Extranet, section "Create defunct website".
  3. Next, the name of the deceased person, their date of birth, the date of death and the contact mobile telephone number of the administrator or administrators of the "In Memoriam" Memorial Website must be entered.
  4. Once these details have been completed, the following data relating to the events of the service can be entered: date of the ceremony, time, room, address, name of the funeral home and contact telephone number.
  5. Once the registration procedure for the "In Memoriam" Commemorative Website has been completed, the system will send a Whatsapp or SMS with a link to the administrator or administrators of the "In Memoriam" Commemorative Website
  6. The "In Memoriam" Commemorative Website will be definitively activated when the administrator or administrators of the "In Memoriam" Commemorative Website click on the aforementioned link, access the website of the deceased and accept the General Conditions of Use .

The branch user will be able to view and modify only the ceremony data or data main pages of the "In Memoriam" Commemorative Website, but in no case will you have access to the private data or data personal nature of that website such as: photos, writings, links or any uploaded content after the activation of the website by the End User acting as Administrator or Administrators of the "In Memoriam" Commemorative Website, family or friends.

Privacy and content of the "In Memoriam" Commemorative Website:

i. General rule: private nature of the "In Memoriam" Commemorative Website

All new "In Memoriam" Commemorative Websites created by the branch user authorized by the company user will always be published in the Nextlives software as a "PRIVATE WEBSITE".

ii. Public profile of the "In Memoriam" Commemorative Website

The end user(s) acting as administrator or administrators of the "In Memoriam" Commemorative Website may modify the privacy settings of the "In Memoriam" Commemorative Website so that it acquires a "Public Profile." ". The end user(s) who act as administrator(s) of the "In Memoriam" Commemorative Website will be solely responsible for the public or private privacy settings of the aforementioned "In Memoriam" Commemorative Website. Under no circumstances The company user nor the branch user will be able to modify the private profile or public profile of the Commemorative Websites "In Memoriam".

The end user(s) acting as administrator(s) of the "In Memoriam" Commemorative Website may modify certain data entered by the branch user at the time of its creation, such as the name and surname, date of birth and death, with the exception of the ceremony data, which can only be modified by the company user and the branch.

In no case will the company user or its branch users be able to publish any kind of content in the public profile or private profile of the Commemorative Website "In Memoriam".

4. User Obligations

In relation to the Nextlives software license, in no case will the company user or the branch user:

a. You will sell, rent, lease, encumber, license, sublicense, transfer or assign the Nextlives software, except with respect to the marketing of the Nextlives software to end users.

b. You will disclose the usernames and/or passwords for access to the Nextlives software to third parties.

c. Decompile, disassemble and/or reverse engineer the Nextlives Software, in whole or in part, or otherwise attempt to obtain the source code of the Nextlives Software, or take any other action in violation of the Proprietary Rights. Intellectual and Industrial of RSL.

d. Make copies or reproductions of the Nextlives software and technical documentation without the prior written consent of RSL.

e. Develop, translate, adapt, introduce improvements, correct errors, modify, alter, transform or create derivative versions of the Nextlives software or any confidential information (as this term is defined below), by itself or through third parties, except as expressly permitted by RSL, even if such acts are necessary for the use of the Nextlives software . The company user will only be able to carry out these actions prior express written consent of RSL.

f. It will infringe the Intellectual and Industrial Property Rights of RSL.

5. Rates

For the creation of each "In Memoriam" Commemorative Website, the company user will pay RSL the price provided for in the business collaboration agreement or similar agreement signed.

The prices provided for in the business collaboration agreement may be revised by RSL.

6. Disclaimer

RSL (NEXTLIVES) will not be responsible, under any circumstances, in any of the following cases:

  1. For any incident, suspension, interruption or crash of user systems that prevent the availability and continuity of access to the Nextlives software. In particular, RSL will not be responsible if users have used or attempted to use the Nextlives software in a computer operating environment other than that specified by RSL and, therefore, incompatible. with Nextlives software.
  2. For any loss and/or damage, loss of profits, loss of data, loss of operational time, device or process failure, suffered directly or indirectly by users regardless of how it arises.
  3. Damages that may be classified as loss of profits, loss of business or commercial reputation, indirect damages or any similar damages suffered by users.
  4. For any infringement resulting from the access and/or use of the Nextlives software by the users or third parties, which does not comply with the terms permitted in accordance with the business collaboration agreement signed between RSL and the business user or with the technical documentation or instructions provided by RSL. In particular, RSL will not be responsible for infringements of Intellectual and Industrial Property Rights (as defined below) or any other rights of third parties if these arise from any modification that users have introduced in the Nextlives software without have the prior and express consent of RSL.
  5. For content of any nature that users host in the Nextlives software. In particular, RSL will not be responsible for any damages arising from the infringing use by users of any elements (including data, distinctive signs, photographs, images, voice, etc.) property or ownership of third parties. /li>
  6. Due to non-conformity of the Nextlives software with the technical documentation if said non-conformity is due to misuse or negligent use by any person other than RSL.
  7. In any case, RSL will not be responsible, unless it is for a cause solely and exclusively attributable to the Nextlives software and derives directly from willful conduct or gross negligence on its part.

The total amount that, for any reason, may be obtained from RSL in relation to the malfunction of the Nextlives software or for the breach of the business collaboration agreement regarding the license of the Nextlives software will not exceed, in the aggregate, of the entire annual remuneration paid by the company user in the year in which the infringement or the event causing RSL's liability occurred.

The company user will be responsible, in all cases and for all purposes, for compliance by branch users with their obligations provided for in these General Conditions, responding to any action, claim and/or compensation that may arise from non-compliance. of such obligations on the part of the branch user.

The company user will in all cases be responsible for the legality, collection and processing of personal data entered into the Nextlives Software by the company user and/or any of the branch users (and the representatives and/or employees of these).

7. Intellectual and industrial property rights

RSL will at all times retain ownership of the Intellectual and Industrial Property Rights and any other nature over the Nextlives software, its component elements and its technical documentation. Likewise, RSL will be the owner of the Intellectual and Industrial Property Rights that result from possible improvements, subsequent developments, modifications, new versions or adaptations of the Nextlives software or its component elements.

The user acknowledges that they do not acquire any Intellectual and Industrial Property Rights, nor any other right over the Nextlives software or its component elements, beyond the rights and obligations of use and disclosure that constitute the scope of the license object of the business collaboration agreement signed with RSL. Likewise, these General Conditions do not grant users any type of right over the brand or other distinctive signs, designs, or in general other intellectual or industrial property rights or of any other nature owned by RSL, except for those provided in the collaboration agreement business.

The company user must immediately notify RSL of any claim or complaint from third parties for alleged infringement of Intellectual and Industrial Property Rights and collaborate closely and in good faith with RSL by providing all the information that available in relation to said claim or complaint.

The user must also inform RSL, immediately, of any violation of the Intellectual and Industrial Property Rights on the Nextlives software by third parties of which it may become aware during the period of validity of its business collaboration relationship, so that RSL can take the measures that are necessary for adequate protection and defense. of their rights.

8. Discrepancies

The General Conditions will be governed and interpreted in accordance with Spanish regulations. Likewise, any litigation matter arising from or related to this Contract to the Spanish courts and tribunals of the city of Girona, expressly waiving their own jurisdiction, if another applies.