General Terms and Conditions
- GENERAL ASPECTS
These General Contracting Conditions ("General Conditions") constitute the regulatory framework for the contracting of the services (hereinafter, the "Services") offered by AUTOPILOT TECH, S.L. (hereinafter, "PIPER" or the "Company") to its clients (hereinafter, the "Client/s") through the present website: www.piperai.com (hereinafter, the "Website").The Client expressly accepts and submits to these General Conditions and to the Order Form or Contract Form, as well as to the Conditions of Use of our Website and the Privacy Policy which together form the applicable agreement between AUTOPILOT TECH, S.L. and the Client (hereinafter, the "Agreement"). Privacy Policy, along with this General Conditions, will collectively form the applicable agreement between AUTOPILOT TECH, S.L. and the Client (hereinafter, the "Agreement"). Therefore, you must read these General Conditions carefully before contracting services through the Website.PIPER may establish with its Clients particular or specific conditions governing their relationship ("Particular Conditions"). In such cases, the Particular Conditions shall prevail over these General Conditions.The Client acknowledges having sufficient legal capacity to enter into a contractual obligation.We may refer to the Client and PIPER individually as the "Party" and both together as the "Parties".
- DEFINITIONS
The terms defined in this Agreement have the meanings assigned to them below:
- "Client": refers to the natural or legal person contracting the PIPER Services, as well as their representatives and contact persons.
- "General Conditions": refers to the General Terms and Conditions of business that govern this Agreement.
- "Business Day": refers to any day of the week except Saturdays, Sundays and public holidays, as well as any dates on which all credit institutions are closed in the city of Barcelona.
- "Order Form": refers to the document which, in some cases, specifies the Services contracted by the Client and to be provided by PIPER, along with the price and other details of the contract. It also includes any annexes or supplements thereto. Acceptance of any Order Form implies acceptance of these General Conditions as if they were an original part of the Order Form.
- "Contracting Form": refers to the form that facilitates the contracting of certain subscription plans through the PIPER Website.
- "Platform": refers to the Software, any application program interfaces, tools or other information or materials provided, including any data, images, text, video and other content, made available and/or integrated into Client's system by PIPER, and accessible by Client, and by which the Services are provided.
- "Services": refers to the services provided by PIPER to the Client, in accordance with the provisions of these General Conditions and set out exactly in the Order Form.
- "Website": refers to PIPER's website: www.piperai.com.
- "Software": refers to the software developed by PIPER, included in the Platform, and used by PIPER to provide the Services to Client, including any current or future enhancements and improvements thereto.
- "User": refers to the natural persons who are authorized by the Client (legal entity) to use the Service within their organization, for whom the Service has been contracted and to whom the Client has provided an access.
- DESCRIPTION OF SERVICES
PIPER, through the Website, offers its Clients a Platform that is integrated into the Client's various communication and CRM systems, and which allows information to be extracted from these systems and subsequently analysed, by means of an automated analysis process that incorporates Artificial Intelligence ("AI") components, in order to identify the relevant information that will be usable by the User him/herself.The Service may include:
- Call Recording and Transcription: a bot will join the Client's sales calls so that they can be recorded and transcribed to text.
- Call Summaries: summaries detailing key points discussed and next steps agreed.
- Field value extraction: automatic extraction of values for filling specified CRM fields. Includes extraction of up to 15 fields.
- Follow-up email generation: follow-up email based on previous discussions, including key points discussed and next steps agreed.
- Synchronization with the CRM system: suggestions for updating transaction fields within the Customer's existing CRM, which can then be synchronized.
- Calendar Synchronization: synchronization with Google Calendar or Outlook Calendar to allow the Client to manage the bot and assign calls to specific opportunities.
PIPER reserves the right to substitute, modify, extend, or reduce the catalogue of services and/or products offered through this Website.
- CLIENT’S PREREQUISITES FOR CONTRACTING SERVICES
The Services may only be contracted by natural persons over 18 years of age and with sufficient legal capacity to contract.In the event that the Client is a legal entity, the person accepting these General Conditions guarantees that he/she is authorized by the Client to accept them on his/her behalf and to bind the Client in all respects. If you are not authorized or do not accept these General Conditions, you must not contract the PIPER Services.PIPER reserves the right to refuse the Services, to cancel access to the Platform without prior notice or to immediately terminate the Agreement with the Client if the Client does not meet the age requirements or does not have sufficient legal capacity to contract or if the Client has previously breached these General Conditions.In order to use the Service, the Client must have access to the necessary Internet connection and is responsible for obtaining and maintaining all connectivity, computer or mobile software, hardware and other devices or equipment necessary to access the Platform and use the Software, and for covering all costs related thereto.PIPER is not responsible for access to the Services being limited due to an overload on the Internet or due to failures or difficulties related to computers or other devices, networks, electronic devices or communication systems of the Client.
- CONTRACTING PROCESS
Contracting PIPER Services may be carried out by contacting the sales team directly or directly through the Website's Contracting Form, depending on the Subscription Plan chosen and in accordance with what is established on the Website itself.
In the case of contracting through the Website, in general, it will consist of the following steps:
- During the registration and contracting process, the Client must select the type of Subscription Plan and PIPER will indicate the steps to follow to complete the process. During this process, the Client will be asked for certain personal data, which will be processed in accordance with the Privacy Policy.
- These General Conditions will be accessible and must be accepted to create a user account and purchase a Subscription Plan. Once accepted, and the Subscription Plan selected, the Client will be redirected to the page of our payment provider.
- Once payment has been made, the Client will receive an email with confirmation of the subscription and full payment details. The Client will then be given access to the Subscription Plan to which he/she has subscribed.
- The Contracting of the Services be considered completed until full payment of the indicated price has been made.
- Trial Period
The Client may have access to a free trial period, as set out on the Website, after which the Client must decide whether to contract the services, in accordance with the provisions of these General Conditions, or to terminate access to the Services.
- PRICE AND TERMS OF PAYMENT
- Price and method of payment
The price to be paid by the Client for the Services provided by PIPER, as well as the term and the possibility or not of renewal, shall be specified in the Order Form or in the Contracting Form.PIPER shall issue an invoice detailing the Services rendered to the Client in said period. The invoice shall be payable through the payment methods detailed in the Order Form or in the Contracting Form. PIPER may issue invoices in electronic format and send them by e-mail to the Client.The total amount of the monthly fees does not include VAT. The Client shall pay VAT at the applicable rate, as the case may be, indicated on the invoice provided by PIPER.PIPER shall be entitled to suspend performance of all or part of its obligations if the Client is in default of its payment obligations and has not remedied such default within three (3) days of notice from PIPER.
- Refunds
The Client shall not be entitled to a refund or reimbursement of the credit by PIPER under any circumstances. Nevertheless, PIPER may, in certain cases, offer a refund, discount, which shall be expressly agreed and included, if applicable, in the Order Form or Contracting Form.
- Promotional offers
PIPER may offer Customers promotional offers depending on the Services contracted. Said promotional offers will have their particular conditions and period of validity, which will be duly
informed to the Client on the Order Form or Contracting Form. The Client undertakes to check the aforementioned conditions and periods of validity of each promotional offer before contracting.
- DURATION AND TERMINATION
- Duration
The Agreement shall enter into force on the date set out in the Order Form or Contracting Form. From that date, these General Conditions shall also be deemed to be accepted.The duration of the Agreement, as well as its renewal, shall be set out in the Order Form or Contracting Form. Renewal shall take place unless the Client or PIPER expressly notifies the other party of its intention not to renew the Agreement at least thirty (30) days in advance.In the event of automatic renewal, PIPER shall be entitled to increase the fees agreed in the Order Form or the Contracting Form upon giving the Client at least forty (40) days' written notice of such price increase.In any event, the Agreement shall be deemed to remain in force for as long as the Client continues to access the Platform through its Accounts or until PIPER or the Client terminates the relationship in accordance with the provisions of the Order Form, Contracting Form or these General Conditions, whichever is earlier.
- Termination
Either PIPER or the Customer shall have the right to terminate this Agreement by providing written notice to the other Party if the other Party is in material breach of any terms, obligations, conditions, or undertakings of this Agreement and fails to remedy such breach within five (5) Business Days of receipt of notice from the non-breaching Party (via registered mail, bureaufax, or notarial notice) requesting the cure of such breach.Such termination shall become effective at the expiration of such period, provided that (i) the Party in breach has not remedied its breach prior to the expiration of such period and (ii) the non-breaching Party has given a subsequent notice of termination.PIPER may terminate the Agreement and discontinue the relationship between the Parties, reserving the right to deactivate or block the Client's account or access to the Services, in whole or part, temporarily or permanently, without compensation or refund, and without prejudice to any claims against the Client, in the following cases:
- Use of the Software or the Platform violates the Agreement or applicable law.
- The Client fraudulently uses or misuses the Software or the Platform.
- The Client is in breach of any of its obligations under the Agreement.
- PIPER can no longer provide the Platform and Software services for legitimate technical or business reasons.
- PIPER has learned that the Client is: (i) has publicly stated or acknowledged that its goals, objectives, positions or founding principles could reasonably be perceived as advocating, promoting or sponsoring Hate Speech or a Threat; or (ii) has acted in a manner that could reasonably be perceived as supporting, condoning, promoting or representing Hate Speech or constituting a Threat.
For the purposes of these General Conditions, (i) "Threat" shall mean any statement, image photograph, advertisement or other content that, in the opinion of PIPER, may reasonably be perceived as threatening, advocating or inciting physical harm or violence against others; and (ii) "Hate Speech" means any statement, image, photograph, advertisement or other content that, in PIPER's judgment, could reasonably be perceived as harmful, threatening, promoting harassment, intimidation, abuse or discrimination of others on the basis of race, ethnicity, nationality, sexual orientation, gender, gender identity, religious affiliation, age, disability, illness or immigration status.Termination shall be without prejudice to the rights and obligations of the Parties prior to the effective date of such termination. In the event of termination of the Agreement, (i) the obligations, covenants, and undertakings of the Parties under the Agreement which, by their nature, should survive termination shall continue in force; (ii) the Client shall immediately pay any amounts due and owing to PIPER prior to termination of the Agreement; and (iii) termination of the Agreement shall not entitle the Customer to claim any damages or other compensation.
- REGISTRATION, ACCESS, RESTRICTIONS AND AVAILABILITY
- Registration and access
In order to access the Platform and any of the functionalities of the Software, the Client must register on the Platform through its existing CRM Account (the "CRM Account") and consent to access certain information from its CRM to authenticate its access on the Platform with CRM Open Authorization (- OAuth - a standard protocol that allows websites or applications to gain limited access to user resources through secure and simplified authorization flows) and proceed with registration.Once the Client registers through their CRM Account, they will be asked to register on the Platform through their email Account (the "Email Account") and will be asked to consent to access certain information related to their calendar and email in read-only format to authenticate their access on the Platform with email OAuth (Open Authorization is an open standard that allows simple authorization flows for websites or software applications) and conclude the registration process.As soon as PIPER authenticates and validates its CRM and email Accounts (the "Accounts"), the Client will have full access (the "Access") to the Platform and the Software's functionalities.
- Availability
Due to successive developments of the Software and the services provided by the Platform, PIPER may use, reformat, develop, standardize, update, integrate, or improve the Software's functionalities (including speech-to-text transcriptions) to improve the overall functioning of the Platform for any of its users. For this reason, PIPER cannot guarantee that the Software and its content will always be available or uninterrupted.If we detect identity theft or other fraudulent activity in accessing the Platform through your Accounts, PIPER will notify you by sending a notice to the email address provided. When the Company send you such notice, your Access to the Platform may be suspended, including but not limited to disabling login through your Accounts and submission capabilities, to protect the security and privacy of data contained in your Accounts until the dispute or breach is resolved correctly. In addition, we reserve the right to terminate the Agreement.
- LICENCE AND CONDITIONS OF USE OF THE SERVICES
PIPER grants the Client a non-exclusive, non-sublicensable, non-transferable, revocable, worldwide, and limited licence to access and use the Platform and the Services associated with it for the exclusive use of the person contracting the Service and may not market or assign it to third parties (the "Licence"). If other limitations are established for any engagement, access to the Platform and use of the Services shall be limited to the same.The Licence to access and use the Services or the Platform shall remain in force until and unless terminated by the Client or PIPER. The Client acknowledges and agrees to use the Services for its use and not for commercial purposes and will comply with the restrictions set out in this section.The Client may only use the Platform and the Services in accordance with this Agreement. Any other use is prohibited unless expressly authorised by PIPER. The Client, concerning the Services, including the Platform itself, as well as its contents and the contents of the Website and the computer codes of the elements making up the Services, shall not (including encouraging, facilitating or causing any other party to do so) do any of the following:
- Use the Services for any commercial, competitive or public purpose.
- Use the Services for unlawful purposes.
- Copy/reproduce, lend, sell, rent, sublicense, broadcast, distribute, edit, transfer to third parties, and adapt the Services or any part thereof in any way.
- Reverse engineer, decompile, disassemble, modify or create derivative works of the Platform, the Services or any part thereof, except to the extent permitted by applicable law.
- Circumvent, modify, remove, delete, erase, alter or otherwise tamper with any security, encryption or other technology or software that is part of the Services, those used to enforce access restrictions.
- Carrying out any action contrary to the Conditions of Use of the Website (including the introduction of viruses or other malicious programmes, the intentional overloading of the servers or any other action that prevents the normal use of the Website or that is likely to cause damage to computer systems, the access provider, its suppliers or third-party Internet Client);
- Impersonate other Clients by using their registration keys or create false accounts to access the Website's different Services and/or contents.
- Use the Services in any manner that could interfere with, hinder, adversely affect, or prevent other Clients from fully enjoying the Services, or that could damage, disable, overburden, or impair the operation of the Services.
- Otherwise, use the Service in violation of copyright or other laws.
In short, ANY ACCESS TO OR USE OF THE SERVICES AND THE PLATFORM THAT IS CONTRARY TO THE PROVISIONS OF THIS AGREEMENT AND, IN PARTICULAR, THOSE THAT MAY BE UNLAWFUL, ABUSIVE, FRAUDULENT OR THAT MAY HARM THE RIGHTS OF PIPER, OTHER CUSTOMERS AND/OR THIRD PARTIES IS PROHIBITED.THE CUSTOMER ACCEPTS AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR ANY ACTIVITY THAT TAKES PLACE UNDER THEIR USERNAME AND PASSWORD.
Any use of the Platform and the Services in breach of this clause will be considered a material breach of the Agreement, which will allow PIPER to terminate it with immediate effect, being able to cancel or block the Client's Access, and take the appropriate measures to avoid repeated breaches of these stipulations.
The Client undertakes to indemnify PIPER against any possible claim, fine, penalty or sanction that PIPER may be obliged to bear as a result of the Client's failure to comply with any of the aforementioned rules of use, and PIPER reserves the right to request compensation for damages.
- Use of the Client's trademarks
The Client grants PIPER the right to use its trademark and trade name in promoting its Services and to reproduce them on the Website, in other promotional and marketing materials of PIPER, and in online media as public acknowledgement that it is a customer of PIPER, to the exclusion of any other use.
- PIPER'S OBLIGATIONS
PIPER undertakes to provide the Services by applying the maximum diligence in their provision and adopting all the necessary measures to guarantee their correct functioning within its possibilities and state of the art.
- CLIENT’S OBLIGATIONS
The Client acknowledges that PIPER's provision of the Services is subject to the Client's collaboration (during the process of integrating the Software and the Platform), and on that basis, the Customer undertakes to provide PIPER with the information and to facilitate the collaboration deemed essential for PIPER to provide the Services.The Client undertakes to use the Services made available to him in good faith, without infringing the legislation in force on any matter or violating the rights of third parties, as well as to pay for the Services and comply with the rest of the obligations in the time and manner established in the Agreement.In addition to other commitments set out in the Agreement, the Customer undertakes the following obligations:
- The Client is responsible for obtaining and maintaining all hardware, software and communications equipment necessary to access the PIPER website and the Platform.
- The Client shall be responsible for its actions and the actions of the Users during the use of the Platform and the contents of the PIPER Website, as well as for all actions carried out using its username and password.
- Not to use the Platform or data obtained because of the Services for illegal purposes.
- Comply with all regulations, policies and procedures of the networks connected to the Platform, with the applicable laws and regulations on Personal Data Protection.
- Expressly agree to use the Platform in accordance with the General Conditions.
- Not to upload, post, promote or transmit through the Platform any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, hateful, racist, xenophobic or otherwise objectionable material of any kind or nature.
- Not upload, promote, transmit or publish any material that encourages conduct that could constitute a criminal offence or give rise to civil liability.
- INTELLECTUAL PROPERTY RIGHTS
PIPER owns all intellectual or industrial property rights, or has sufficient authorization, over the Website, the Platform (software and applications associated with it) and all content, including, but not limited to, all content included as part of the Services, trademarks, copyrights, source and object code, algorithms, architecture, interfaces, designs, interfaces, texts, images, videos or any other material, derived rights, as well as the presentation, arrangement and classification of the Website's content.When the Client uses the Service, PIPER does not grant the Customer any right to exploit all or part of the Service, except for the rights granted in this Agreement, and PIPER reserves all these rights. The Customer may only view the elements of the Platform and use the contracted Services in accordance with these General Conditions and may print, copy, and store them on their device or on any other physical medium provided that this is exclusively for their personal use.The Client shall retain all right, title, and interest in and to all material, content, data and information accessed by PIPER under this Agreement that is necessary for the Platform to perform its functions (the "Client Co ntent") and grants PIPER an authorization to use it solely for the provision of the Services.The Client represents and warrants that, with respect to the Client Content: (i) it owns or has obtained all necessary rights, authorizations or permissions to make it available to PIPER; (ii) it will not violate any applicable law, any intellectual property, privacy, or other rights of any third party; and (iii) it will not violate these General Conditions.
- DATA PROTECTION
Any personal data provided by Clienr during the use and contracting of the Services will be treated in accordance with our Privacy Policy and, in the case of the acceptance of cookies, the Cookies Policy.Data relating to employees (Users) or other identified or identifiable person under the Client’s responsibility and in relation to the subject matter of this Agreement (hereinafter "Personal Data") will be processed in accordance with the Data Processing Agreement below.
- Data Processing Agreement
The purpose of this clause ("Clause") is to regulate the relationship between PIPER (hereinafter, the "Data Processor" or the "Processor") and the Client (hereinafter, the "Data Controller" or the "Controller"), as applicable, for the provision of Services by PIPER involving access to Personal Data for which the Client is responsible.
- Purpose of the Data Processing Agreement
For the proper provision of the Services, the Data Processor may have access to personal data under the responsibility of the Controller to the data included in the Platform and which may belong to employees, candidates, suppliers, customers or end users, among others. Regarding the category
of data, they will be, among others: Identifying and contact data, relating to personal characteristics, social circumstances, professional or academic data, financial and economic data, photographs or images and video. The Data Processor, by making the Platform available to the Client and through the Platform, may carry out the following processing operations: collection, consultation, storage, deletion, structuring. This list is given by way of example and without prejudice to the fact that the Data Processor may, in the specific case, carry out additional processing operations on personal data under the responsibility of the Controller.
- Obligations of the Data Controller.
The Data Controller is responsible for carrying out the following tasks in addition to fulfilling the obligations set out in this Clause:
- Comply with all the technical and organisational measures necessary to guarantee the security of the processing, premises, equipment, systems, programs, and persons involved in processing the personal data referred to, as stipulated in the regulations in force and applicable at any given time.
- Provide the Data Controller with the data (including on the Platform, if applicable) and the necessary instructions to process the data as necessary to provide the Services.
- Respond to the data protection rights requests by the data subjects, such as access rights, rectification, erasure and objection, limitation of processing, data portability and the right not to be subject to automated individual decisions, in cooperation with the Processor.
- Where appropriate, assess the impact on the protection of personal data of the processing operations to be carried out by the Processor.
- Ensure that the data processor complies with the applicable data protection regulations prior to and during processing.
- Overseeing the processing, including carrying out inspections and audits.
- Communicate to the Data Controller any variation that may occur in the personal data provided, so that they can be updated.
Furthermore, the Controller guarantees that the data subject to processing as a result of the provision of the Services have been collected and processed by the Controller under the obligations stipulated by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter the "GDPR"), taking into account in particular the need for a legal basis for the processing, as indicated in article 6 of the GDPR.The Controller shall indemnify the Processor if the Processor is sanctioned for a breach of data protection law caused by the Controller’s negligence in fulfilling its obligations as data controller.
- Obligations of the Data Controller
The Processor shall, during the provision of the Services, comply with the following stipulations:
- The Data Processor has sufficient technical capacity to fulfil its obligations under this Agreement.
- The Data Processor undertakes, in relation to the Services provided, to comply with the requirements of the GDPR and other applicable personal data protection legislation.
- The Data Processor shall maintain the confidentiality and secrecy of the personal data to which it has access.
- The Data Processor shall process and use the personal data to which it has access only according to the instructions of the Data Controller, and in accordance with the purposes regulated in the Agreement. The Processor shall be held responsible for the processing in the event that he/she uses the data for other purposes, communicates them or uses them in breach of the stipulations of this Clause, and shall be liable for any infringements that he/she may have personally incurred.
- The Data Processor shall not communicate to third parties the data to which it has access by virtue of the Services provided, without prejudice to the contracting of auxiliary services necessary for the normal operation of the Data Processor's activity and those sub-processors authorised by the Controllers.
- The Processor shall have at the disposal of the Controller the information necessary to evidence compliance with its data protection obligations.
- The Processor shall provide such assistance as may be required by the Controller for audits or inspections, carried out by the Controller or by another auditor authorised by the Controller. Audits shall be carried out upon reasonable notice to the Controller, during the Controller's normal working hours.
- The Data Processor guarantees that the persons authorised to process personal data have undertaken, expressly and in writing, to comply with the established security measures and to respect the confidentiality of the data. Compliance with this obligation must be documented by the Processor and made available to the Controller.
- The Processor shall assist the Controller in fulfilling its obligations, and shall support the Controller, where appropriate, in carrying out (i) impact assessments relating to the personal data to which it has access; (ii) prior consultations with the supervisory authority.
- In the event that the Processor considers that compliance with a particular instruction from the Controller could lead to a breach of data protection regulations, the Processor shall immediately notify the Controller thereof. The Processor shall in this communication request the Controller to amend, withdraw or confirm the instruction given and may suspend compliance pending a decision by the Controller.
- Upon termination of the provision of the Services, the Processor shall delete or return the personal data to which it has had access and any existing copies, as instructed by the Controller. In the event that the Controller requests the deletion of the data in a specific manner that is not part of the Controller's normal business, the costs of deleting the data in the manner indicated by the Controller shall be borne by the Controller.
The Processor shall be obliged to delete or return all data included in the Platform by the Controller.The Data Processor may keep a copy with the data duly blocked, for as long as liabilities may arise from the performance of the Services.
The Processor shall notify the Controller, without undue delay and in any event no later than within 48 hours of any suspected or confirmed data protection incident within its area of responsibility at the address provided by the Controller in accordance with clause 14 of the Agreement. Among other things, it shall notify the Controller of any processing that may be considered unlawful or unauthorized, any loss, destruction or damage to data and any incident considered to be a breach of data security. The notification shall be accompanied by all relevant information for the documentation and communication of the incident to relevant authorities or affected data subjects. In this regard, it shall provide the Controller with, as a minimum, the following information:
- Description of the nature of the data security breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected.
- Name and contact details of the data protection officer or other point of contact where further information can be obtained.
- Description of the possible consequences of the data security breach.
- Description of the measures taken or proposed to remedy the data security breach, including, where appropriate, measures taken to mitigate possible negative effects.
The Processor shall also initiate an investigation into the circumstances of the incident and shall submit a report to the Controller with observations on the incident. The Processor shall cooperate fully with the investigation conducted by the Controller, for its part, by providing the assistance requested by the Controller in the investigation of the incident.The Processor shall, in addition, assist the Controller in relation to the notification obligations under the GDPR (in particular, Articles 33 and 34 of the GDPR) and any other applicable current or future regulation modifying or supplementing such obligations.
- The Data Processor shall provide the information and/or documentation requested by the Controller in order to respond to requests for the exercise of rights that the Controller may receive from data subjects whose data are processed.
- When the data subjects exercise their rights of access, rectification, erasure and objection, limitation of processing, data portability and the right not to be subject to automated individual decisions, the Data Processor must communicate this by e-mail to the address provided by the Client or Data Controller within a maximum period of 15 days. The communication must be made in such a way that it can be dealt with within the established legal deadlines.
- The Data Controller may subcontract the Services, always informing the Controller of the processing operations to be subcontracted and clearly and unequivocally identifying the subcontracting company and its contact details. This obligation shall not apply in the case of ancillary services necessary for the normal operation of the Data Controller.
The subcontractor (or "Sub-processor"), who shall also have the status of processor, shall also be bound by the obligations imposed on the Processor and the instructions issued by the
Controller. It is up to the Processor to regulate the new relationship in a contract signed by the Processor and the Sub-processor, so that the Sub-processor is subject to the same conditions (instructions, obligations, security measures...) and with the same formal requirements as the Processor, as regards the proper processing of personal data and the guarantee of the rights of the data subjects.In this regard, the list of the Deputy Data Processors can be requested by sending an e-mail to the following address: legal@piperai.com.A contract has been signed with these companies in which they assume the obligations of the processor. Some of our service providers may be located outside the EEA involving an international transfer of personal data. However, PIPER has implemented measures to ensure that such transfers do not result in a lower level of protection of personal data. In this regard, the service providers have a valid mechanism to be able to carry out international transfers: (i) either they are countries for which the European Commission has issued an Adequacy Decision; or (ii) they have signed the corresponding Standard Contractual Clauses approved by the European Commission ("SCC").
- The Controller shall keep a written record of the categories of processing activities carried out, in accordance with this Clause, specifying:
- The name and contact details of the Controller and of each Controller on behalf of whom the Controller acts and, where applicable, of the representative of the Controller or of the Controller and of the data protection officer.
- The categories of processing operations carried out on behalf of each controller.
- where applicable, transfers of personal data to a third country or international organization the identification of that third country or international organization and documentation of appropriate safeguards.
- An overview of technical and organizational security measures.
- The Processor may only carry out international transfers of personal data to which it has access, under the responsibility of the Controller, if such transfers are duly regularised in accordance with the provisions of Articles 45, 46 or 47 of the GDPR.
In relation to technical and organisational security measures, the Data Controller shall implement all those applicable in accordance with the GDPR (in particular and without limitation, those provided for in Article 32 of the GDPR) and in any other applicable regulations that modify, complement or replace it.In any case, the person in charge must implement mechanisms to:
- Ensure the continued confidentiality, integrity, availability and resilience of processing systems and services.
- Restore availability and access to personal data quickly, in the event of a physical or technical incident.
- Regularly verify, evaluate and assess the effectiveness of the technical and organisational measures implemented to ensure the security of the processing;
- Pseudonymise and encrypt personal data, where appropriate.
- LIMITATION OF LIABILITY
Access to the Platform is non-transferable, and the Client's information is strictly confidential. For this reason, the Client is fully responsible for the activity carried out under the Access (including, but not limited to, the management, custody, security, and correct use of the Platform). PIPER shall not be liable for any damages or losses that the Client may suffer as a result of another person accessing through its Accounts or using its contents on the Platform.Similarly, the Client shall be liable for any loss or damage caused by virtue of Access to and use of the Platform, regardless of whether a third party is using it. To maintain control over its Access to the Platform, the Client must take preventative measures to prevent anyone from breaching its Access, such as maintaining control over the devices and Accounts it uses to Access the Platform.The Client is responsible for updating and maintaining the accuracy of its information and agrees to notify PIPER immediately at the email address detailed in Clause 14 if it discovers any unauthorized access to the Platform through its Accounts.Access to the Platform and use of the Software may not be legal by certain persons or in certain countries. The Client shall be responsible for compliance with any laws to which it may be subject. Therefore, PIPER is not responsible for access by the Client in jurisdictions where access to the Platform or use of the Software may be contrary to rules or regulations. Furthermore, PIPER does not guarantee that access to the Platform and the Software complies, in whole or in part, with the laws of the Client's country.The Platform may provide links to other websites or resources. The Client acknowledges and agrees that PIPER is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Further, PIPER shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on such external sites or resources.The Client acknowledges and agrees that the Software and all information, products and services provided through the Software are provided on an "AS IS" and "AS AVAILABLE" basis, and PIPER DOES NOT WARRANT the accuracy, validity, reliability, availability, suitability or completeness of any information, content or data provided through the Software and, therefore, in no event shall PIPER be liable, whether in contract or in tort, for any claim, loss, damage, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenue, profits, data or other intangible losses) or any other damages of any kind whatsoever relating to the Client or caused by Access to the Platform or use of the Software or reliance on the content of the Software.
In addition to the foregoing, PIPER does not guarantee the accuracy, completeness, timeliness, or usefulness of information provided by the Client's customers and recorded through telephone calls between the Client and its own customers. Any reliance placed by the Client on such information is strictly at the Client's own risk. PIPER is not responsible for any reliance placed on such materials by the Client or by Users of the Software or any other person having access to the Software.The Platform does not replace the responsibilities derived from managing its call centre/end-user telephone service, which must, in any case, comply with the applicable data protection regulations.Any material downloaded or otherwise obtained through the Platform, the use of the Software or the server that makes it available, is done at the Client's own discretion and risk, and the Client shall be solely responsible for any damage to its computer system or loss of data that results from the download of any such material, as PIPER cannot guarantee that they are free of viruses, worms, trojan or other harmful components. The Client agrees that PIPER shall have no liability for the deletion of, or the failure to store or transmit, any content or communication maintained on the Platform or in the Software.For the avoidance of doubt, in no event shall PIPER or our staff or employees or contributors or shareholders or directors be liable for any loss or damage that the Client suffers if it accesses the Platform and uses the Software in breach of the Agreement, regardless of whether its Access to the Platform is terminated or suspended due to such breach.To the extent permitted by law, in the event of proven liability on the part of PIPER, the total liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product, strict or other theory, arising out of or in connection with the use of or inability to use the Software and/or the Platform shall not exceed the amount paid by the Client to PIPER, if any, for accessing the Platform and using the Software during the twelve (12) months immediately preceding the date of the claim or ten thousand Euros (10.000€), whichever is less.To the extent applicable law prohibits limitation of such liability, PIPER shall limit its liability to the maximum extent permitted by applicable law. To the extent permitted by law, no action or proceeding may be brought against PIPER after one (1) year from the date on which the alleged facts occurred or were discovered.Indemnification: To the fullest extent permitted by applicable law, the Client will indemnify, defend and hold harmless PIPER, and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parents, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of or relating to: (i) you access to the Platform and use of the Software, including, without limitation, services other than those expressly authorized in these General Conditions; (ii) your violation of this Agreement or applicable law; (iii) your collection of end-user information in violation of data protection, or any other applicable laws; (iv) your use of information from the Software; or (v) any misrepresentation made by you.
PIPER reserves the right to assume the exclusive defense of any claim for which it may be entitled to indemnification under these General Conditions. In such a case, the Client shall provide such documentation and cooperation as may be reasonably requested in order to carry out the aforementioned actions.
- NOTIFICATIONS
All notices, notifications, consents and other communications required or permitted under this Agreement shall be in writing and at the following addresses:PIPER:Identity: AUTOPILOT TECH, S.L. Tax ID: B44745263Address: Plaça Pau Vila 1, planta 1, puerta AD, edificio Palau de Mar,08003 BarcelonaE-mail: legal@piperai.comClient: e-mail or physical address on the Order Form/ContractingForm. You will be deemed to have received all communications sent to that address, even if the address is no longer current.The Parties may change the addresses set forth herein by notifying the other Parties in writing in the manner set forth in the preceding paragraphs.
- MISCELLANEOUS
- Assignment: The Client shall not assign or transfer its rights or obligations under the Agreement, in whole or in part, to any third party without the prior express written consent of PIPER. PIPER may assign its rights and obligations under the Agreement without its permission.
- Modifications: PIPER reserves the right to modify, add or delete parts of these General Conditions, at any time. It will give thirty (30) days' notice of any changes, as well as the effective date. The Client may terminate the Agreement if it no longer wishes to use the Services in accordance with the new version. In any event, continued use of the PIPER Services shall constitute acceptance of the modifications.
- Force Majeure: PIPER shall not be liable for any failure or delay in the performance of its obligations under the Agreement due to any cause beyond its reasonable control, including but not limited to power outages, failure of Internet service providers, failure due to Internet disruption (including, without limitation, denial of service attacks), riot, insurrection, acts of terrorism, war (or similar), fire, flood, pandemic, earthquake, explosion and any other similar disaster.
- Headings: The headings of the individual clauses are for information purposes only and shall not affect, qualify, or extend the interpretation of this Agreement.
- No waiver: PIPER's failure to require the Client to comply with a term of this Agreement that it has contravened shall not constitute a waiver in the future of the application of such term, which may be enforced at any time.
- Partial invalidity: If any provision of these General Conditions is determined to be invalid or unenforceable in whole or in part for any reason now or in the future, such invalidity or unenforceability shall not affect the enforceability of any of the remaining provisions of these Terms and Conditions. These General Conditions shall be construed as if such invalid or unenforceable provisions had never been contained herein. For these purposes, the General Conditions shall cease to be valid only with respect to the invalid or void provision, and none of the remaining parts or provisions hereof shall be void, invalid, impaired or affected by such invalidity or invalidity.
- APPLICABLE LAW AND JURISDICTION
These General Conditions, including the Order Form, Contracting Form, Privacy Policy and Cookie Policy and your Access to the Platform and the Software shall be governed by and construed exclusively in accordance with the laws of Spain, without giving effect to any choice of law or conflict of law provisions or rules.Any dispute, controversy, question or claim arising from the execution or interpretation of the Agreement, or related, directly or indirectly, shall be resolved by the Courts and Tribunals of the city of Barcelona, Spain.