LEGAL NOTICE AND GENERAL CONDITIONS

RED SOCIAL LIDERALIA SL ("LIDERALIA") is a Spanish company domiciled in 17241-Palol d’Onyar from Girona (Spain), Ctra. Sant Feliu de Guíxols, number 31, provided with Tax Identification Number (NIF) B-66.256.942, properly registered in the Girona Mercantile Registry, Volume 3.226, Sheet 183, Section 8, Page GI-57.646, Inscription 7 and whose contact email is [email protected].

LIDERALIA is the owner or licensee of the intellectual property rights or of any other type on the portal accessible through the website panel.alife.social (the "Extranet").

These general conditions of using and contracting (hereinafter, the "General Conditions") regulate the access and use of the Extranet, as well as the contracting of LIDERALIA services by users with whom it has signed a Collaboration Agreement Business or analogous relationship through which a user license is granted in a non-exclusive or exclusive manner over the Alife Software (the "Users"). The General Conditions will be complemented with any other legal texts that regulate any functionality, service, application, platform or other necessary means for the use of the Extranet or included in it.

Notwithstanding the foregoing, in any case the "Particular Conditions" agreed between LIDERALIA and each of the Users in their respective Business Collaboration Agreement will prevail over these General Conditions.

In any case, the Users will always be representatives or employees of legal person or physical person in their condition of professional businessman or businesswoman, over 18 years of age.

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

1. Objet

Alife software is a tool that allows its end users to create a private social network, for the purpose of sharing information related to the death of a family member or relative (the "End Users"). The social network allows its participants to share information about the time and place of the ceremony of a certain funeral, as well as other data and contents 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 services or similar (the "Software Alife").

The purpose of the Extranet is to offer Users a platform within the Alife Software so that Users can manage and execute the Business Collaboration Agreement reached with LIDERALIA. End Users do not have access to the Extranet.

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

The Users that can access the Extranet are of two types: (i) the Company Users and (ii) the Branch Users. Next, the Business Users and the Branch Users are defined detailing their functions:

i. Company Users

The Company User will register each of the Branch Users on the Extranet. For these purposes, the Business 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), and, optionally, the website and images of the Branch User. Once authorized, the Branches Users will be published both in the web alife.social and in the iOS and Android mobile applications to which the End User will have access (the "Platforms").

Once the authorization of the new Branch User has been formalized by the Company User, he will receive a notification from which he can create his personal password.

The User Company may, at any time, deny the permits to one or more of its Branch Users, change the authorized person or modify their access data. The User Company is responsible for keeping updated the data of each of its Branches Users.

The Company User may consult the history of all the Commemorative Lines created by its network of Branch Users, as well as consult the Dashboard where the assessment of each Branch User is shown based on the surveys that LIDERALIA sends to the End Users of the Alife Software who have confirmed their attendance at a ceremony. LIDERALIA will provide the User Company with the results of the questionnaire made to the Final Users of the commemorative profile regarding the ceremony held, without providing personal data of the same.

Branch Users

The Branch User must identify himself, in any case and for any action carried out under the Contract, under the corporate brand of the Company User.

The Branch User is in charge of creating new Commemorative Lines from the Extranet. All material and / or documentation necessary for the activation and operation of the Commemorative Lines will be provided by LIDERALIA to the Company User, who undertakes to provide it to the corresponding Branch Users.

The Branch User may consult the history of all the Commemorative Lines created by him.

3. Creation of Commemorative Lines

The process of creating a new profile or Commemorative Line will be the responsibility of the User Branches authorized by the Company User and will be carried out following the steps detailed below:

  1. The Branch User will access the Extranet with the keys provided by LIDERALIA.
  2. On the Extranet, CREATE PROFILE section – Create Alife Profile.
  3. Next, the name of the deceased person, their date of birth, the date of death and the contact telephone number of the Administrator or Administrators of the Commemorative Line must be entered.
  4. Once these data have been completed, the following information regarding the ceremony may be entered: date of the ceremony, time, room, address, name of the funeral home and contact telephone number.
  5. Once the registration procedure of the Commemorative Line is finished, the system will send an SMS with a link to the Administrator or Administrators of the Commemorative Line.
  6. The Commemorative Line will be activated definitively at the moment in which the Administrator or Administrators of the Commemorative Line click on the aforementioned link.

The Branch User will be able to see and modify only the ceremony data or main data of the Commemorative Line, but in no case will he have access to private data or personal data of that line such as: photos, writings, links or any loaded content after activation of the line by the End User acting as Administrator or Administrators of the Commemorative Line, family or friends.

Privacy and content of the Memorial Line:

  1. General Rule: Private nature of the Memorial Line

    All new Commemorative Lines created by the User Branch authorized by the Company User will always be published in the Alife Software as "Private Profile".

  2. Public profile of the Memorial Line

    The Final User / s who acts as Administrator or Administrators of the Commemorative Line may modify the privacy settings of the Memorial Line so that it acquires a "Public Profile".

The Final User / s who acts as Administrator or Administrators of the Commemorative Line will be solely responsible for the public or private privacy adjustments of the aforementioned Commemorative Line. In no case may the Company User or the Branch User modifies the Private Profile or Public Profile of the Commemorative Lines.

The Final User / s acting as Administrator or Administrators of the Commemorative Line may modify certain information entered by the Branch User at the time of its creation, such as name and surname, date of birth and death, with the exception of the data of the ceremony, which can only be modified by the User Company and the Branch.

In no case the User Company or its Branch Users may publish any kind of content in the Public Profile or Private Profile of the Commemorative Line.

4. Obligations of Users

In relation to the license of the Alife Software, in no case the Company User nor the Branch User:

  1. In relation to the license of the Alife Software, in no case the Company User nor the Branch User.
  2. It will reveal to third parties the user names and / or passwords to access the Alife Software.
  3. Decompile, disassemble and / or reverse engineer the Alife Software, in part or in its entirety, or in any other way, try to obtain the source code of the Alife Software, or take any other action in detriment of the Rights of Intellectual and Industrial Property of LIDERALIA.
  4. Make copies or reproductions of the Alife Software and the technical documentation without the prior written consent of LIDERALIA.
  5. Develop, translate, adapt, introduce improvements, correct errors, modify, alter, transform or create derivative versions of the Alife Software or any Confidential Information (according to this term is defined below), by itself or through third parties, except when expressly permitted by LIDERALIA, although such acts are necessary for the use of the Alife Software. The User Company can only carry out these actions with the express and written consent of LIDERALIA.
  6. It will infringe the Intellectual and Industrial Property Rights of LIDERALIA.

5. Rates

For the creation of each Commemorative Line, the User Company will pay to LIDERALIA the price foreseen in the Business Collaboration Agreement or similar subscribed.

The prices foreseen in the Business Collaboration Agreement may be reviewed by LIDERALIA.

6. Disclaimer

LIDERALIA (Alife) will not be responsible, under any circumstance, in any of the following cases:

  1. For any incident, suspension, interruption or drop in the systems of the Users that prevent the availability and continuity in the access to the Alife Software. In particular, LIDERALIA shall not be liable if the Users had used or attempted to use the Alife Software in a computer operating environment other than that specified by LIDERALIA and, therefore, incompatible with the Alife Software.
  2. For any loss and / or damage, lost profit, loss of data, loss of operating time, failures of the devices or the process, suffered directly or indirectly by the Users regardless of the way in which it arose.
  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 Alife Software by Users or third parties, that does not comply with the permitted terms in accordance with the Business Collaboration Agreement signed between LIDERALIA and the Company User or with the technical documentation or the instructions provided by LIDERALIA. In particular, LIDERALIA will not be responsible for infringements of the Intellectual and Industrial Property Rights (as defined below) or any other rights of third parties if these are derived from any modification that Users have introduced in the Alife Software without have the prior and express consent of LIDERALIA.
  5. For the contents of any nature hosted by the Users in the Alife Software. In particular, LIDERALIA shall not be liable for any damages arising from the infringing use by Users of any elements (including, data, distinctive signs, photographs, images, voice, etc.) owned or owned by third parties.
  6. Disagreement of the Alife Software with the technical documentation if said disagreement is due to misuse or negligent use by any person outside LIDERALIA.
  7. In any case, LIDERALIA shall not be liable, except for reasons attributable solely and exclusively to Alife Software and deriving directly from willful misconduct or gross negligence on its part.

The total amount that, for any reason, can be obtained from LIDERALIA in relation to the malfunction of the Alife Software or due to the breach of the Business Collaboration Agreement in those referred to the Alife Software license shall not exceed, as a whole, the entire of the annual remuneration paid by the Company User in the year in which the infringement occurred or the event that caused the responsibility of LIDERALIA.

The User Company will be responsible, in all cases and for all purposes, for compliance by Branch Users with their obligations under these General Conditions, responding to any action, claim and / or compensation that may arise from the breach of such obligations. by the Branch User.

The User Company in any case will be responsible for the legality, collection and processing of personal data entered into the Alife Software by the Company User and / or any of the Branch Users (and their representatives and / or employees).

7. Intellectual and industrial property rights

LIDERALIA will keep at all times the ownership of the Intellectual and Industrial Property Rights and of any other nature on the Alife Software, its integrating elements and its technical documentation. Likewise, LIDERALIA will be the owner of the Intellectual and Industrial Property Rights resulting from any improvements, subsequent developments, modifications, new versions or adaptations of the Alife Software or its component elements.

The User acknowledges that he does not acquire any Intellectual and Industrial Property Rights, nor any other rights over the Alife Software or its integrating elements, beyond the rights and obligations of use and disclosure that constitute the scope of the license object of the Collaboration Agreement Business subscribed with LIDERALIA. In the same way, these General Conditions do not grant Users any type of right over the brand or other distinctive signs, designs, or in general other rights of intellectual or industrial property or of any other nature owned by LIDERALIA, except those provided in the Business Collaboration Agreement.

The Company User must immediately notify LIDERALIA about any claim or complaint from third parties for alleged infringement of Intellectual and Industrial Property Rights and collaborate closely and in good faith with LIDERALIA providing all the information it has in relation to said claim or complaint.

The User must also inform LIDERALIA, immediately, of any infringement of the Intellectual and Industrial Property Rights over the Alife Software by third parties that may have knowledge during the period of validity of their relationship of business collaboration, with object of LIDERALIA being able to take the measures that are necessary for the adequate protection and defense of its rights.

8. Discrepancies

The General Conditions will be governed and interpreted in accordance with Spanish regulations. Also, any litigious issue derived or related to this Contract to the Spanish courts and tribunals of the city of Girona, expressly waiving their own jurisdiction, if another corresponds to them.