Last modified: February 21, 2024
These terms of use (the “Terms of Use”) set out the conditions and terms for accessing and using the website hosted under the domain name https://posthero.app/ and any of the subdomains dependent on this (the “Website”) that POSTHERO SOLUTIONS S.L. (“POSTHERO” or the “Company”) makes available, free of charge, to its users (hereinafter, “Users”). Mere access to the Website implies knowledge, understanding and acceptance, necessarily and without reservation, of the terms and conditions stipulated in these Terms of Use. Therefore, it is recommended that Users carefully read these Terms of Use, as well as any messages, instructions or warnings that are communicated to them while browsing or using the Website, as they must comply with all of them. If Users do not agree with these stipulations, they should not use the Website. POSTHERO reserves the right to modify or update the Terms of Use at any time and without prior notice, due to regulatory requirements, for technical reasons, due to changes in the services offered by the Company or due to strategic decisions, modifying or updating the text accessible to Users in these Terms of Use, so Users are advised to review it periodically. If the User is not satisfied with the changes, they must stop using the Website and, if appropriate, unsubscribe from any registration associated with it. The use of the Website after making the changes will imply the acceptance of the changes.
Identification of the owner of the Website
The owner of this Website is the company POSTHERO SOLUTIONS S.L., with CIF: B26713065 and registered office at Calle Cargol nº4 Nave D, 08110, Montcada i Reixac, Spain. Your contact email address: hello@posthero.app.
Purpose of the Website
The Website is a computer platform that allows users to create, design and send physical email to their current customer base. In addition, POSTHERO offers different services according to the interests of Users, including the following (the “Services”): Design of letters or brochures. This service includes the ability to upload or create designs from scratch that will be sent to the User's customers. Tracking. This service includes the visualization of data in control panels that allow the User to see how each campaign is performing. Help Management. This service includes specific access for managers, sending managers through any other channel (cloud storage, email, and others), alerts and reminders. Sustainability practices. This service includes helping the User understand the impact of physical campaigns and providing methods to compensate for the emissions of such campaigns. Other services that POSTHERO may create or consider of interest to Users. Services that require payment of any amount and/or registration on the Website are described in the Terms of Contract, which must be accepted before accessing such Services.
Minors
Users who contract the services offered on the Website guarantee that they are 18 years of age or older. Otherwise, if the Company identifies that it has hired, collected information or registered as a User a person under 18 years of age, it will proceed to delete all data and information that has been collected and will immediately delete it, as well as delete the registration of your data as a User on the Website, suspending the provision of Services.
Access to the Website
Access, navigation and use of the Website is free of charge. Some of the services provided through the Website may be governed by contract conditions, policies and/or special instructions that, in such cases, will replace, complete or modify the content of these Terms of Use. Users undertake to make appropriate and lawful use of the Website in accordance with applicable legislation and these Terms of Use. Users must refrain from: Making unauthorized or fraudulent use of the Website; Accessing or attempting to access restricted resources on the Website; Impersonating third parties or harassing other Users, as well as using the Website and its various possibilities in an offensive, harmful or inappropriate manner in accordance with the Law, good faith, morals and public order. Use the Website for purposes that are illegal, illegal, contrary to what is established in these Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or prevent the normal use or enjoyment of the Website; Cause damage to the Website or to the systems of third parties or other Users, as well as, in particular, to introduce or spread computer viruses or any other physical or logical system that is likely to cause damage to the systems of the Company, third parties or other Users; Attempt to access, use and/or manipulate the data of the Company, third parties or other Users; Apply reverse engineering techniques, decipher, decompile or use any other system to know the source code of the Website or any other element subject to copyright or intellectual or industrial property; Use the Website for commercial purposes or to collect information or content to provide services that could represent clear competence for the Company. Upload to the Website any content that is false or inadmissible in accordance with law, morals, good faith and public order or that may, in any way, infringe the rights of third parties. Provide permissions, passwords or username of one or more third parties without their express consent to access Provider accounts; to modify or attempt to modify the Website or to perform actions or use means to alter its appearance or functions.
Limitation of Liability
POSTHERO does not guarantee the availability and continuity of the operation of the Website. Consequently, the Company will not be responsible under any circumstances for damages that may arise from: The lack of availability or accessibility to the Website; The interruption in the operation of the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system or other electronic systems, caused in the course of its operation; Errors or delays in accessing the Website by the User when entering their data in the registration form, slowness or any anomaly that may arise when these incidents are due to Internet network problems, causes of force majeure or any other unforeseeable contingency beyond the Company's good faith; Losses, damages or losses of any kind arising from access to and use of the Website, including, but not limited to, those produced in computer systems or those caused by the introduction of viruses and/or computer attacks; Any differences or inaccuracies that may exist in the Website due to the lack of screen resolution of the mobile device or problems with the browser used or others of this nature; Those technical faults that, due to fortuitous causes or other causes, prevent the normal operation of the service over the Internet. Unavailability of the Website for maintenance or other reasons, which prevent the availability of the service.Other damages that may be caused by third parties through unauthorized interference beyond the control of the Website. PostHero does not guarantee the absence of viruses or other elements on the Website introduced by third parties other than it that may cause alterations to the User's physical or logical systems or to the electronic documents and files stored in their systems. Consequently, the Company will not, under any circumstances, be responsible for damages of any nature that may result from the presence of viruses or other elements that may cause alterations to the user's physical or logical systems, electronic documents or files. Posthero does not guarantee and, in any case, is responsible for the availability or accessibility of the payment platform, as well as for interruptions in its operation, computer failures, errors or delays not attributable to the Website or the company. Posthero does not guarantee that third parties do not guarantee that third parties do not authorized persons may know the conditions, characteristics and circumstances under which Users access the Website. Consequently, the Company will not be responsible under any circumstances for damages that may result from such unauthorized access. By signing these Terms of Use, Users declare that they will keep the Company harmless against any claim against it, its parent company, directors, partners, employees, lawyers and agents arising from the breach by the Users of any provision contained in these Terms of Use or any law or regulation applicable to them, of the violation or violation of the rights of third parties. In any case, POSTHERO will only be responsible for the damages that Users may suffer as a result of a deliberate action, or manifestly negligent action on their part, in relation to accessing the Website, the provision of its services, as well as the use of the contents, tools and functionalities of the Website.
Links to third parties
POSTHERO does not control the content of other sites that can be accessed from the Website; or to which it allows access through different links. Therefore, the Company is not responsible for the information contained therein or for the effects that may arise from such information. PostHero makes these links available to Users, for their convenience and convenience, an action that in no case can be interpreted as approval or sponsorship, by the Company, of the contents of these websites. PostHero does not offer any guarantee, express or implied, about the veracity, ownership, validity or legality of any of the linked sites and their content. If any User or a third party observes that the content to which this Website allows access through links may be contrary to laws, morals or public order, they must inform the Company by email: hello@posthero.app .
Compensation
In the event that POSTHERO, its group companies or any other person involved in the creation, production and distribution of this Website suffer any type of damage, loss, impairment or cost (including legal and attorney fees that may have been necessary) as a result of a breach by the Users of these Terms of Use, the Users in question will be obliged to fully compensate for the damages caused. The foregoing will apply, in particular, but not limited to, cases in which, as a result of breaches by Users, there are third-party claims against the Company or any of its companies in the group. Users will hold POSTHERO and its group companies harmless, who may claim any expense, cost, damage or loss that may have resulted from their actions, provided that this expense, cost, damage or loss is caused by a breach of these Terms of Use by the User.
Intellectual and industrial property rights
This Website belongs to POSTHERO. Its contents (including, but not limited to, its source code, trademarks, images, icons, designs and general presentation) are protected, in accordance with Spanish, Community and international regulations, by copyrights, trademarks and other intellectual and industrial property rights owned by the Company, its group companies or third parties. Access to this Website does not in any case confer, nor can it be interpreted as authorization or license of any kind with respect to such content and rights. In addition, certain commercial names, brands, logos, slogans, drawings, fashion designs and other materials displayed on this Website belong to and/or are duly registered in the name of POSTHERO or other entities. Users are not authorized to use any of these elements, whose ownership will remain, in any case, under the ownership of the Company. Any act of reproduction, distribution, transformation or public communication is expressly prohibited, as well as any type of transfer of all or part of the content of the Website and/or, in general, any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.) as well as possible databases that the Company may contain and any object that is protected in accordance with current legislation, especially in accordance with intellectual and industrial property regulations. Users may occasionally print copies of the models, forms or documents on the Website, provided that they do so for their personal use. POSTHERO expressly reserves any civil and criminal action, under Spanish and foreign legislation, that may apply to it as a result of the violation of peaceful possession and/or unauthorized use of its industrial and intellectual property rights.
Data protection
Browsing and using certain Services on this Website may require Users to provide personal data. POSTHERO processes this type of information in compliance with applicable legislation, in accordance with its Privacy Policy that forms part of these Terms of Use.
Cookie Policy
While browsing the Website, cookies will be used, whose use will be regulated, in accordance with the provisions of the applicable regulations, and as indicated in the Cookies Policy of the Website, which, in turn, forms part of the Privacy Policy. In this regard, we inform you that cookies are small data files that are stored in the terminal of the User who visits the Website and that contain or store certain information about the visit to the Website.
Resignation
No waiver by POSTHERO of a specific legal right or action or the Company's lack of requirement for strict compliance by the User with any of its obligations will not imply a waiver of other rights or actions derived from a contract or these Terms of Use, nor will it exempt the User from fulfilling their obligations. No waiver by POSTHERO of any of these Terms of Use or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
Safeguarding and interpretation
These Terms of Use constitute an agreement between each of the Users and the Company. If the competent authority declares any provision to be illegal, invalid or unenforceable, it must be interpreted as closely as possible to the original intention of that provision. Such statements regarding one or more clauses will not affect the validity of the rest. The fact that POSTHERO does not require strict compliance with any of the stipulations contained in these Terms of Use does not constitute and can in any case be interpreted as a waiver on its part to require strict compliance in the future.
Language
The language applicable to these Terms of Use is English. Therefore, Users expressly accept that they are governed by their English version. If a version in another language is offered, it is merely out of courtesy, for the convenience of Users.
Applicable Law and Jurisdiction
Except in cases where current applicable regulations require it to be subject to different legislation, this Website, its contents and services, the relations between Users and the Company, and these Terms of Use shall be governed and must be interpreted in accordance with Spanish law. Except in cases where current applicable regulations require submission to a different jurisdiction, such as that relating to the courts and tribunals of the User's domicile, which will be strictly respected if it is imperative; Any question or controversy arising from or related to this Website, its contents and services, the relations between Users and the Company, as well as these Terms of Use, will be submitted to the judges and courts of the capital Madrid.
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