Terms of Website
Last Updated 23 Nov 2023

These terms of use (“Terms”) govern your access to and use of all Neuralpeaks-branded publicly available websites (hereinafter, "Website"), including sites located on neuralpeaks.com, of which the commercial company Singularly, S.L. (hereinafter, "Neuralpeaks") is the owner.

The use of the Website on your part implies the unreserved acceptance of all these Terms. If you do not agree with these Terms, you must not use the Website. The use of the Website also requires you to be of legal age and to have sufficient legal privileges under applicable legislation to be bound by these Terms.

Throughout the Terms, “we,” “us,” “our” and “ours” refer to Neuralpeaks, and “you,” “your” or “yours” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms) and, if you access the Website on behalf of a legal entity, to that entity. If you are using the Website on behalf of any entity you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and, by accepting these Terms, you are hereby binding such entity to the Terms.

1. INTELLECTUAL AND PROPRIETARY RIGHTS

All intellectual and industrial property rights over the content of the Website, including but not limited to texts, images, logos, logotypes, signs, graphics, registered or unregistered trademarks, sounds, video animations, source code, design, navigation structure, expression, look and feel and arrangement of such materials (collectively, the “Content”), regardless of its source or creation, is owned, controlled or licensed by or to Neuralpeaks, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and Neuralpeaks reserves and retains all rights in and to such Content.

Any third party trademarks, service marks, logos, trade names or other proprietary designations, that are or may become present within the Website, including within any Content, are the registered or unregistered trademarks of the respective parties.

Except solely as necessary for you to access the Website for the intended purpose pursuant to these Terms, you may not copy, collect, modify, create derivative works or uses of, translate, distribute, transmit, publish, re-publish, perform, display, post, download, upload, sublicense, transfer, dispose of, resell or sell the Content or any other part of the Website. Except as expressly set forth in these Terms, these Terms do not grant to you any license to any intellectual property rights or other proprietary rights.

Provided that you fully comply at all times with these Terms and any other policies or restrictions posted on or transmitted through the Website, Neuralpeaks grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website.

2. INFORMATION SUBMITTED

Neuralpeaks does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personal information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of Neuralpeaks. Further, you understand and acknowledge that Neuralpeaks employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Neuralpeaks is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Neuralpeaks assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. You hereby grant Neuralpeaks a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially exploit any suggestion, feedback or ideas you submit to Neuralpeaks.

3. OBLIGATIONS OF USERS

You are required to always operate in compliance with the law, the norms of polite behavior and the requirements of good faith, employing all due diligence and abstaining from using the Website in a way that may prevent, damage or adversely affect the normal operation of the Website or the rights of Neuralpeaks, its customers, its suppliers or generally, any third party.

Specifically, without this limiting the provisions of the previous text, you agree to do the following while using the Website:

a) You will provide truthful information in contact forms, and keep said data updated.

b) You will not enter, store or propagate on or from the Website any information or material that is defamatory, insulting, obscene, threatening or xenophobic, or likely to incite violence or discrimination for reasons of race, sex, ideology or religion, or that offends morality, public order, fundamental rights or public liberties, or that goes against the honor, privacy or reputation of third parties, or that generally violates the regulations in force.

c) You will not enter, store or propagate through the Website any program, data, virus or code, or any other electronic or physical device that is likely to cause damage to the Website, any of its services, or any of the equipment, systems or networks of Neuralpeaks, any other customer, the suppliers of Neuralpeaks or generally, any third party.

d) You will not engage in advertising activities or any form of commercial exploitation through the Website and you will not use the Contents on the Website for advertising purposes or to send messages for any other purpose or for collecting or storing the personal data of third parties.

e) You will not use a false identity or assume the identity of others while using the Website or any of its services, including the use of passwords or access codes of third parties or otherwise.

f) You will not destroy, alter, use for your own purposes, render unusable or damage any data, information, programs or electronic documents of Neuralpeaks, our customers, suppliers or third parties.

g) You will not enter, store or propagate through the Website any content that violates third-party intellectual or industrial property rights or trade secrets, or generally, any content that you are not entitled to provide to third parties under the law.

4. LINKS

The Website may contain links allowing you to leave the Website for other websites that are not under our control (“Linked Website”) and belong to a third party. Neuralpeaks provides the Linked Website to you only as a convenience and does not endorse any Linked Website. Neuralpeaks is not responsible for the contents or transmission of any Linked Website or any link contained in a Linked Website or for ensuring that the Linked Website contains no errors or viruses. Neuralpeaks is not responsible for the terms of use or privacy practices of the Linked Website or any link contained in the Linked Website. Your accessing to any Linked Website is entirely at your own risk.

5. WARRANTIES

You expressly agree that your use of the Website, including any content, is at your sole risk. All the Website and Content are provided to you on an “AS IS” and “AS AVAILABLE” basis, and Neuralpeaks makes no related representations, and disclaims all possible warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Website or Content are accurate, continuously available, complete, reliable, secure, current, error-free, or free of viruses or other harmful components. Neuralpeaks cannot and does not guarantee that any defects, errors or omissions will be corrected, regardless of whether Neuralpeaks is aware of such defects, errors or omissions. You acknowledge that the disclaimers, limitations and waivers of liability set forth in this section 5 shall survive any expiration or termination of these Terms or your use of the Website.

6. LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website and Content remains with you. In no event will Neuralpeaks be liable for any special, indirect, incidental, exemplary, consequential or punitive damages of any kind (including, but not limited to, loss of use, loss of business, loss of profits, loss of data, loss of goodwill, service interruption, computer damage, system failure or the cost of substitute products or services) arising out or of in connection with the Website, and any content, services or products included on or otherwise made available throughout the Website, regardless of the form of action (whether in contract, tort, strict liability, equity or otherwise) and even if we are aware of or have been advised of the possibility of such damages.

7. SUSPENSION OR TERMINATION OF ACCESS TO WEBSITE

You agree that Neuralpeaks may, in its sole discretion and with or without prior notice, for any or no reason, suspend or terminate your access to any or all of the Website and/or block your future access to any or all of the Website. Neuralpeaks shall not be liable to you or any third party for any termination of your access to any part of the Website. The rights and obligations of these Terms which by their nature should survive, shall so survive any termination of your use of the Website.

8. AMENDMENTS TO THESE TERMS

Neuralpeaks reserve the right to unilaterally modify, totally or partially, without prior notice, the present Terms and any other specific condition that may modify, delete or totally or partially render void other parts of the Website that may affect the configuration, presentation and design of the Website or any of its elements and services. Any time you subsequently access the Website will constitute your acceptance of the Terms.

9. APPLICABLE LAW AND JURISDICTION

These Terms are governed by Spanish law. In the event of a dispute related to the application of these terms, the jurisdiction and venue for actions will be the courts located in Barcelona, Spain, and both parties submit to the jurisdiction of these courts.

10. CONTACT

Questions or comments about the Terms may be directed to Neuralpeaks at the email address hello@neuralpeaks.com.