Terms and Conditions of Use

These general conditions (hereinafter the "Conditions") regulate the use by the user of this website (hereinafter "the Portal"), which the company Dexga Technologies, S.L. (hereinafter "Tecalis") makes available to users.

Tecalis reserves the right to carry out - whenever necessary and without prior notice - all modifications and updates of the information contained in this website, both in the Spanish version and in the other languages.

Likewise, some of the services offered through the Portal may be subject, in addition to these conditions, to their particular conditions, which in their case will also be applicable. As a consequence, simple navigation of the user through the Tecalis website implies the full acceptance of these Conditions, as well as of the particular conditions derived from the contracting of certain services.

Intellectual and industrial property rights

All the information contained in this website, including, but not limited to, names, logos, trademarks, designs, texts, software, images, databases, or navigation architecture, as well as the source code of the page, belong to Tecalis and/or to third parties who have transferred their rights to Tecalis. Under no circumstances does access to the website imply any waiver, transmission, or transfer, total or partial, of the mentioned rights. Neither does confer any right of use, transformation, alteration, reproduction, distribution, exploitation, or public communication of the contents and/or intellectual and industrial property rights without the prior and express authorization granted for this purpose by Tecalis or the third party owner of the rights. For any other use than those expressly permitted, it will be necessary to obtain the prior written consent of the rights owner.

Exemption from liability

Tecalis does not guarantee the non-existence of interruptions or errors in the Portal or its different content access. Neither does it guarantee that this is always and in all cases updated, although it will make its best effort to avoid them, correct them or update such content as soon as possible. Likewise, Tecalis does not assume any responsibility for any of the information contained in other web portals to which this Portal may refer through links or links.

Tecalis does not assume any responsibility derived from the concession or contents of the links of third parties referred to in www.tecalis.com. Nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the user's computer system (hardware and software), documents, or files, excluding any responsibility for damages of any kind caused to the user for this reason. Tecalis is not responsible for the content of any of them, nor for any changes or updates that may occur.

Both access to this Portal and the use of the information contained therein are exclusive responsibilities of the user. Tecalis shall not be liable for any consequence or damage that may appear from such access or use of the information. Tecalis is not responsible for possible security errors or possible damages that these may cause in the user's systems as a result of the presence of a virus in the computer used to connect to the services and contents of the Portal, a malfunction of the browser, or the use of non-updated versions of the browser.

Personal Data Protection and Cookies Policy

The user must read and accept the information on Data Protection and Cookies Policy, which is accessible through the following link: https://www.tecalis.com/legal/privacy

Applicable Law and Jurisdiction

These Terms and Conditions are governed by Spanish law. In the event of any dispute or interpretation conflict of the terms that conform to these Conditions, as well as any question related to the services presented in the Portal, the Spanish law will be applicable. For any dispute that may arise from the application of the services, interpretation, or application of these Conditions, the parties submit to the jurisdiction of the Commercial Courts and Tribunals of Santiago de Compostela.

 

Special conditions of use of the electronic signature service

Know our terms and conditions.

This document governs the specific conditions relating to the use of the electronic signature service by Tecalis customers, serving as a complement to the General Terms and Conditions document.

1. User registration

The user must provide, freely and voluntarily, all the data requested in the Customer Portal, always complying with the principles of relevance, proportionality and other obligations established in the Privacy Policy and related applicable regulations. Registration can be done by establishing an email and password or with the user's Linkedin and Google profiles. Bearing in mind that all the necessary data must be additionally provided to complete the registration on the platform once the user has been generated.

2.  Price

The final price of the contracted products will be defined during the contracting process and, once the process is completed, a receipt will be sent by e-mail. In addition, invoices for the contracted services will always be available in the "Invoicing" section of the Customer Portal.

Tecalis products are provided through its Dashboard or by integration via an API. In both cases, a license fee is required. 

Tecalis reserves the right to modify the prices of the products and services offered through its web portal at any time, committing itself to maintain the rates in force indicated in the portal at the time of contracting the product and during the term stipulated in the purchase.

Similarly, Tecalis may apply additional rules or costs to users who contract a plan other than Enterprise and who consume a large amount of server space due to the size of the documents used.

3. Taxes

The prices shown are subject to change depending on possible discounts, promotions or benefits offered on certain occasions and on a temporary basis. In addition, these prices do not include VAT, which will be applicable taking into account the domicile or habitual residence of the recipient of the provision of the service, according to Law 28/2014, of 27 November, amending among others Law 37/1992, of 28 December, on Value Added Tax, and in accordance with the provisions of the localization rules introduced in Directive 2006/112/EC by Directive 2008/8/EC of 12 February 2008.

The user will always be informed, prior to contracting, of the amount corresponding to the VAT of the product that he/she wishes to contract and that will be reflected in the invoice.

4. Contracting procedure

The steps to follow to contract the service are as follows:

1. a) registration on the platform and email verification. b) selection of the products to be contracted through the Customer Portal. c) review of the summary of the services contracted and the prices associated with them, as well as the breakdown of the applicable taxes. d) review and express acceptance by the user of the general and specific contracting conditions and the privacy policy. e) receipt of an email with a summary of the contracting carried out with a link to the Customer Portal.

The user may choose one of the plans offered or, in the case of a large company requiring a higher volume, request the assistance of the sales department to create a specific plan. The user can purchase another product or service as well as change the contracted plan through the options offered in the Customer Portal.

5. Form of Payment

The electronic signature service is paid by direct debit, for which the user must send the documentation proving ownership of the designated bank account so that Tecalis can issue the direct debit order.

The contract will not be taken into account and will not be processed until the payment has been authorized by the corresponding bank or cashier's office.

In case of a returned receipt, Tecalis may deactivate the service and apply the corresponding administrative costs.

6. Billing

Tecalis will issue the corresponding invoice once the purchase is formalized and, subsequently, during the first days of the month depending on the contracted modality. The invoice will always include a breakdown of taxes, regardless of the type of user or their location.

7.  Duration

The service will always be provided for the term selected by the customer during the contract. In the event that the user decides unilaterally to terminate the signed contract without justified reason and before its expiration, Tecalis reserves the right to retain the amounts already collected so far as a penalty. The request for early termination of the contract by the user does not release the user from any outstanding payments.

At the end of the contract term stipulated in the contract, renewal shall be automatic. With the exception that, one month prior to the expiration date, either party expressly communicates to the other party its desire not to continue with the contract.

The time stamps are valid for 5 years. If the user wishes to have one or more documents resealed after the validity period has expired, he/she must request the service and pay the corresponding price.

8. Terms of delivery

Once the contracting is completed, the user will be able to access the product or service purchased through the accesses enabled in the Dashboard of the Customer Portal.

In case the user detects that the application has any error or any type of problem that he/she is unaware of, he/she should contact Tecalis support department using the means of communication indicated in the Customer Portal.

9. Warranties

1. a) Stability: Tecalis products are designed to withstand high operational flows. No peak demand will affect performance. b) Security: Tecalis is ISO 27001 certified for information security and its products use the latest technologies in information encryption and data processing to ensure maximum security. c) Privacy: Tecalis has implemented all necessary technical and organizational measures to secure the information of its users and minimize the risks related to the loss of personal data and/or confidential information. For more information, please refer to the Privacy Policy.

The guarantees contained in this clause are not affected by the following conditions, which depend on decisions made by the users:

The legal effectiveness of the signatory will depend on the robustness of the signature invoked. Within the regulations governing electronic identification in Europe (eIDAS) there are different legal signature levels. Tecalis Signature allows operations with multiple security levels that will provide more or less evidence to the signatories. Thus, the signer may be required to enter his ID card, sign by OTP or perform an identity verification, among other mechanisms, which provide higher levels of security within a simple or advanced signature.

Another element that must be taken into account when evaluating the process is the device used by the user to sign, since, depending on the characteristics of the device used, more evidence can be gathered to demonstrate the authenticity of the signature.

10. User Responsibilities

The user agrees to:

1. a) to pay the amount stipulated in the contract for the contracted product in the stipulated amount and manner. b) to make good use of the contracted platform, being obliged to use it in a lawful manner and without contravening the current legislation or harming the rights and interests of third parties. c) to guarantee the truthfulness and accuracy of the data provided during the registration and contracting process, avoiding any damage to Tecalis due to its inaccuracy. d) use your user profile diligently, making sure that it is not accessible by third parties. e) inform Tecalis of any loss, theft or access by unauthorized third parties to your profile so that Tecalis can carry out its blocking. f) do not misuse the platform in any way, especially with regard to the following points, without excluding others of a similar nature:

• Those that harm or violate the rights of minors.
• Fraudulent activities or sending viruses.
• Adult or pornographic material.
• Attacks on other websites.

1. g) inform third parties with whom it interacts about the use of the platform, the General Terms and Conditions and the privacy policy. h) comply with the legislation on data protection when operating as a Data Controller. Tecalis will never be liable for the consequences arising from this non-compliance. i) make appropriate use of the platform, Tecalis reserves the right to set a maximum limit on the number of signature operations that a user can perform if an abusive use is detected. j) review the information entered in the platform and in the contracts so that you can have total security in relation to: to whom you send the document (by SMS or email), delegation of signatures, management of external observers and any other functionality that allows an external user to access a document. k) use the most appropriate or convenient signature method for each contractual act to provide it with greater legal certainty.

Failure to comply with any of the conditions stipulated in this clause may result in the immediate withdrawal or cancellation of the user in the Customer Portal without the right to request compensation. The cancellation of the user account of the Customer Portal entails the inaccessibility to the contracted products.

11. Tecalis' Responsibilities

Tecalis will be responsible for:

1. a) provide the service in the form and characteristics stipulated in this document and the general conditions. b) adopt the appropriate security measures with the utmost diligence, protecting the confidentiality of user data as provided in this document and other applicable legal policies. c) adopt the security measures attributable to it as Data Processor when appropriate. d) solve the problems that may arise, provided that they are due exclusively to a problem in its systems, collaborating with the user in everything necessary to achieve a rapid resolution of the incident.

By way of example and in no case limited to, Tecalis shall not be liable in the following circumstances:

1. a) abuse or misuse by the user of the information obtained through the contracted platform. b) damages or losses arising from the use of the information extracted from the products and services offered by Tecalis. c) processes not completed through Signature when the unsuccessful completion of the process is attributable to the user or any other participant other than Tecalis d) delays, damages or anomalies caused by actions carried out by the user, problems in the Internet network, force majeure or any other unforeseeable contingency beyond the good faith of the company. e) errors or damages caused by negligence or bad faith in the use of the products and services offered by Tecalis by the user. f) non-operability or problems in the elements that the user or its customers use or need to carry out the contracted process. g) failures or incidents in communications involving the loss or deletion of unfinished processes due to network failures or other types of incidents for which Tecalis is not directly responsible. In these cases, Tecalis also cannot guarantee that the platform is constantly operational, exempting itself from any damage caused. h) damage caused to the platform by the user or third parties. i) data processing that has not been previously reported or for which no measures have been taken when the responsible party is a third party. This point refers to cases in which Tecalis acts as data processor and must comply with the inherent obligations and responsibilities. 

In situations where the user has not acted diligently and/or has taken advantage of the functionalities of the platform made available by Tecalis to cause damage, Tecalis reserves the right to suspend the user's access to the Customer Portal at its discretion and without prior notice, either temporarily or permanently.

Tecalis will cooperate with the competent authorities whenever there is an incident relating to its platform, even if it is not under its responsibility, provided that it gives rise to unlawful activities.

12. Modifications

Tecalis reserves the right to make, whenever convenient or necessary, all modifications and updates to the information contained in this document, both in the Spanish version and in the other languages.

The modifications will be communicated and notified to the user through a notification in the Customer Portal, guaranteeing the principles of publicity and transparency, as well as the rights of consumers and users.

13. Termination of service

If the user wishes to proceed with the cancellation of a contracted product or service and meets the conditions stipulated in clause 7 of this document, he/she must contact the Tecalis support or billing team. This department will provide the customer with a pre-completed cancellation form for the customer to sign and send by email to the relevant department.