Terms of service

ONE. – Website identification, consent and access
These Terms and Conditions (hereinafter, the “Terms”) govern access to and use of the website – https://app.likeik.com – (hereinafter, the “Site”), which is the property of LIKEIK, S.L., (hereinafter, “LIKEIK”), with tax identification number (NIF) B-86832714. LIKEIK has its registered office in Madrid, at Glorieta de Ruiz Jiménez, 5 -1º Derecha, 28015. It is registered in the Madrid Companies Register in Tome 313,559, Folio 128, Sheet M564509.

Pigmeo Capital, S.L. serves as Sole Director of LIKEIK, as set down in a deed witnessed in Madrid by Notary José María Mateos Salgado (entry no. 1,116 of his protocol), on 18 March 2015 and filed with the Madrid Companies Register in Tome 32,602, Folio 30, Sheet M564509, inscription #5. The Sole Director’s appointment and powers are current.

To contact LIKEIK with regard to the Services on offer please use the following email address: soporte@likeik.com.

By using our Site you consent to these Terms and any changes LIKEIK may make to them from time to time.

TWO. – Purpose
These Terms of Service regulate the use of the Services we offer on our Site, specifically: (i) the creation of online surveys; (ii) their distribution via different channels; (iii) the provision of access to the responses, organised using selected criteria, in real time; (iv) report generation and sharing; and (v) the distribution of notifications to third parties articulated around predefined alert criteria.

Provision of these Services implies the collection of structured and non-structured data on the Site, its storage in different databases, the hosting of images, videos and other kinds of creative content and the management of all manner of information sourced from the Service User and/or its survey respondents.

THREE. – How the Site works
To use the Site for the first time, the natural person (aged 16 or over) or legal person in question must contact LIKEIK at the following email address: comercial@likeik.com. LIKEIK will register the User and create the associated Account.

To use the Service the User must agree to/sign this Terms of Service agreement and LIKEIK’s Privacy Statement, attached as APPENDIX 1.

Upon payment, the User can begin to use the Services associated with the plan purchased. Each of the current Service plans comes with different functionalities. LIKEIK reserves the right to modify its offering at any time without prior notification.

Account ownership is based on the data provided during the registration process. To that end, it is important that any information you provide us be truthful, accurate, current and complete. Natural or legal persons registering and opening an Account must understand that they are entering into a contract with LIKEIK, S.L. and as such assuming a series of rights and obligations.

FOUR. – Site User conduct
Users agree to make licit, diligent, honest and correct use of any information or content obtained from the Site, acting in good faith and at all times upholding prevailing legislation and these Terms of Service.
Users must not, among other things:

i. Register or otherwise provide data that is not truthful, precise, complete and/or current or access the Site using the name, identification particulars or passwords of another User or impersonate another person or identity.

ii. Use the Site for fraudulent purposes or purposes related with criminal or otherwise illicit activities of any kind.

iii. Conduct surveys of minors under the age of 14.

iv. Make content available without the right to do so under any law or contractual clause.

v. Make any content available that infringes upon any patent, registered trademark, trade secret, copyright or other property rights.

vi. Interfere with the Services, servers or networks connected up to the Services or disobey any requirement, procedure, policy or regulation related to the connected networks.

vii. Give unauthorised publicity.

The User agrees that LIKEIK hosts surveys and responses and is not the issuer or author of those surveys; the User, therefore, is solely responsible for distribution of such surveys using the various feedback channels available for use on this Site

The User declares to have a professional or personal relationship with the people to whom it sends its surveys by email or SMS or that those people have consented to the receipt of emails from it.
LIKEIK reserves the right to deny any attempt to access the Site, cancel accounts, eliminate or modify content and to cancel the provision of Service in the event it detects inappropriate use of the Site.

Any information, texts, data, charts, videos, messages or other materials (content) used in preparing the surveys, sent, directly or via attachment, to public citizens using the Site’s features are the sole responsibility of the User. The User, therefore, and not LIKEIK, is solely responsible for the content sent, transmitted or facilitated in any other way via the Site.

LIKEIK does not oversee the content sent using its Services and therefore provides no assurances as to the accuracy, integrity or quality of such content.

Under no circumstances may LIKEIK be held responsible for that content or for any damages or losses incurred whatsoever as a result of the use of any content sent by email or transmitted by any other means as part of the Service provision agreement.

The User agrees to strive not to damage, reject or interrupt the Service or interfere in any other way with the Service provided via the Site. If a User does consciously interfere with the Site in any way, it will be liable for any damages incurred by LIKEIK and agrees that such damages will be those estimated by LIKEIK and at least the monthly cost of the Service. Moreover, User interference with the Site exonerates LIKEIK from any of its legal or contractual obligations with that User.

LIKEIK will cooperate with the authorities on the processing of any User who interferes with the Site and/or attempts to defraud LIKEIK, any of its clients, the credit card companies or any other enterprise or institution by means of their use of the Site.

Breach of any of the above-mentioned clauses will release LIKEIK from its contract and from any other legal obligation vis-a-vis the User. LIKEIK reserves the right to refuse to provide one or more of its Services to any User, for any reason and at any time.

The User agrees that LIKEIK may block its IP address at any time and deny it use of the Site.

FIVE. – LIKEIK’s responsibility
The information, software, products, Services available or included in the Site may include computer bugs, functional errors or typos, to which end LIKEIK reserves the right to introduce changes and improvements from time to time.

The User expressly agrees that LIKEIK cannot be held responsible for unauthorised access to or modification of its transfers or data or any other materials or data sent or received or not sent or received or any other transaction that may have been performed via the Site.
Moreover, the User expressly agrees that LIKEIK cannot be held responsible for any threat, content, or defamatory, obscene, offensive or illegal conduct by any other party or for any other infringement upon the rights of another person, including their intellectual and/or industrial property rights, as the case may be. The User expressly agrees that LIKEIK cannot be held responsible for any content used, sent or added to the Site in the course of the provision of Service

Given the nature of the Internet in general and the interactive Services in particular, LIKEIK provides no assurance that use of this Site will be free of interruptions or errors. LIKEIK will be in no way responsible or liable for communication issues, including network defects, delays or failures (whether or not temporary) while using the Site. Notwithstanding the above, LIKEIK undertakes, to the best of its abilities, to maintain a high standard of Site Service quality.

The User acknowledges that it must use its own skills and judgement when using the Service and does so at its own responsibility. The User is also responsible for any data obtained through the Service.

By clicking on certain links on this Site, the User may be taken other websites; LIKEIK shall be in no way responsible or liable for the accuracy or content of any information or other aspect of such websites.

LIKEIK is not responsible for the Site’s compatibility with other software and applications utilised by the User.

LIKEIK and its suppliers are not responsible for the Site’s convenience, reliability, availability, punctuality, for the presence of viruses or other malware or for the accuracy of the information, software, products, services and graphics contained on the Site for Service provision purposes. All such, information, software, products, services and graphics shall be provided ‘as is’, without any assurances whatsoever. LIKEIK and its respective suppliers expressly deny any liability for the information, software, products, services and graphics related with the specific work of our clients.

SIX. – Terms of purchase, fees and payment arrangements
The User may purchase, subject to agreement with the Terms of Purchase, the Services offered via the Site by contacting LIKEIK by email at comercial@likeik.com. LIKEIK will register the User, set up the service functionality purchased and create a User Account.

Purchase is final other than pursuant to exception a) of article 103 of the Spanish Consumer Defence Act. Notwithstanding the non-applicability of the right of withdrawal, LIKEIK may contemplate, at its sole discretion, the possibility of cancelling the Service within a period of 10 days from purchase.
Purchase of the LIKEIK Service obliges the User to make the attendant Service payments on the terms and conditions stipulated by LIKEIK and agreed to by the User at purchase.

The permitted payment methods are the following:

i. Debit or credit card.
ii. PayPal.
iii. Bank transfer.

The User agrees to pay for all applicable charges under these Terms, including any tax or levy applicable by any government.

The current prices and applicable taxes can be found at https://www.app.likeik.com/planes-precios/. LIKEIK reserves the right to change the prices of its Services at any time. The User agrees to furnish LIKEIK with correct information regarding the company, entity or person purchasing the Service.

LIKEIK guarantees Users a totally secure payment process, framed by the required security protocols and services.

The User must notify LIKEIK of any incorrect charge or fraudulent use of the credit or debit card used for purchases by sending an email to soporte@likeik.com as quickly as possible so that LIKEIK can take the opportune steps.

SEVEN. – Invoicing
LIKEIK will send the User, once it has expressly agreed to these Terms of Service and made the required payment, the corresponding invoice. The User will receive its invoice at the email address it provides LIKEIK during the purchase process. All invoices will be received by email.

EIGHT. – Effectiveness and start of the Service
This contract will take effect as soon as the User agrees to these Terms of Service.

The Service will be activated for the Account of the User from which the payment is handled within the following timeframes, depending on the selected payment method:

i. Payment by card or PayPal: Immediate activation.
ii. Bank transfer: 24 business hours from receipt of confirmation of the transfer, which the User must send to: facturacion@likeik.com.

NINE. – Information about the Services
The descriptions of the Services provided on the Site are provided merely for informative purposes. Accordingly, LIKEIK denies any responsibility for the existence of any errors in that information, despite which it nevertheless undertakes to do everything it can to correct any such errors or omissions as quickly as possible after they are brought to its attention.

TEN. – Intellectual and industrial property
All rights over this Site’s content, design and source code, specifically including but not limited to all rights over the photographs, images, texts, logos, designs, trademarks, brand names and other data included on the Site and any other intellectual or property rights, are either held by LIKEIK or by third parties that have authorised LIKEIK to use them on its Site.

To which end, in keeping with Royal-Legislative Decree 1/1996, enacting the consolidated text of Spain’s Intellectual Property Act, formalising, clarifying and harmonising the prevailing legal provisions in this field, and with Spanish Law 17/2001, on trademarks and complementary intellectual and industrial property legislation, it is expressly forbidden to reproduce, transfer, adapt, translate, distribute or publicly disclose all or part of the contents of this Site, including information with respect to its layout, by any means or channel whatsoever, without express authorisation, in writing, from LIKEIK.

LIKEIK does not extend any licences or user authorisation of any kind over its intellectual and industrial property rights or over any other property or right related with the Site. Under no circumstances shall User access to or browsing of the Site imply that LIKEIK has waived, transferred, licensed or assigned any of those rights.

Any use of the Site contents without prior authorisation from LIKEIK shall be considered a serious breach of its intellectual and property rights and create the liability contemplated in law.

ELEVEN. – Data protection
LIKEIK respects its Users’ privacy and shall ensure that their personal data process is processed in keeping with prevailing data protection law.

LIKEIK declares that it has implemented the technical and organisational measures needed for data protection purposes, in keeping with its requirements under data protection law. LIKEIK’s information security management system is ISO 27001-certified.

For more information about the Site’s privacy statement, please visit the following link: https://www.app.likeik.com/condiciones-privacidad/

TWELVE. – Ban on transfer and resale of the contract and changes in circumstances
The User may not resell, assign or otherwise transfer the Service contracted or any of the attendant rights. Any resale, assignment or transfer of the Use of the Service contracted or its rights shall be null and void vis-a-vis LIKEIK, as well as automatic grounds for immediate termination of the contract.

THIRTEEN. Modifications
LIKEIK reserves the right to modify these Terms of Service as often as it deems opportune. Any such modifications will be first notified to its Users.

Modifications will take effect from when they are published on the Site.

FOURTEEN. – Force majeure
For the purposes of these Terms of Service, force majeure includes but is limited to: (i) any event, without negligence, impossible to foresee or, having been foreseen or foreseeable, proved inevitable; (ii) incidents in accessing the various pages comprising the Site; (iii) incidents in the electricity or communication networks; (iv) damages caused by third parties or attacks on our servers or the cloud service provider that affect the quality of the Services and are not attributable to either LIKEIK or the User; (v) incidents in the transfer, distribution, storage or delivery to third parties of the surveys, alerts, notifications and other Site features; (vi) issues or errors in third-party access to the Site; (vii) fires; (viii) floods or earthquakes; (ix) strikes or labour conflicts or other forms of social disruption that prevent the provision of the Site features and, by extension, performance of the obligations assumed under this agreement; (x) electricity scarcity or outages; (xi) accidents; (xii) armed conflicts; (xiii) trade or other embargoes; (xiv) sieges; (xv) disturbances; and (xvi) by government order.

FIFTEEN. – After-sales service
Users may request after-sales support related with use of the Site, notify LIKEIK of incidents and take care of administrative matters via the following channels:

i. Telephone: +34 91 412 64 92
ii. Email: soporte@likeik.com.

SIXTEEN. – Safeguard clause
All of the clauses and aspects of these Terms of Service must be interpreted independently and autonomously, i.e., if one of them is declared null and void via court ruling or final arbitration ruling, the other stipulations shall not be affected. The affected clause(s) will be replaced by new language in order to preserve the spirit of these Terms of Service.

SEVENTEEN. – Conflict resolution
These Terms of Service are governed by Spanish law. Unless prohibited under applicable legislation, for any legal action or proceeding taken to enforce performance of the Terms or arising in relation thereto, each party agrees irrevocably to submit exclusively to the jurisdiction of the courts of Madrid.

REIMBURSEMENT AND CANCELLATION POLICY
LIKEIK, at its sole discretion, may agree to reimburse and/or cancel the Service within 10 days of purchase. Other than under exceptional circumstances, LIKEIK will not therefore provide Service reimbursements or accept cancellations after payment has been made.

CANCELLATIONS
Whenever a User gets in contact with LIKEIK by phone or email, our top priority is always to resolve any queries or issues they may have with respect to the Service purchased. However, in certain cases, a User may feel dissatisfied with the Site for reasons entirely beyond our control, in which case LIKEIK may, at its sole discretion, agree to cancel the Service.

Any refunds granted will be made to the User by bank transfer, payment card debit or PayPal account reimbursement.

REIMBURSEMENTS
LIKEIK wants to maximise its Users’ satisfaction with its Site. To ensure customer satisfaction, LIKEIK reserves the right to reimburse monthly subscription fees. Some of the reasons for reimbursements might include:

i. The User presents a valid reason for requesting a refund within 10 days of purchase.
ii. Our customer service teams confirms there is a valid reason for the refund.
iii. The User presents a valid report evidencing a fraudulent or unauthorised charge.
iv. Compliance with the terms of service of PayPal, Spanish law or verified requests by the Spanish public legal forces or courts.
v. For any reason LIKEIK deems opportune.

REIMBURSEMENT POLICY ABUSE
If a User requests refunds on repeated or consecutive occasions, LIKEIK may cancel its Account and block further attempts to purchase the Service.

AGREEMENT WITH CANCELLATION AND REIMBURSEMENT POLICY
This cancellation and reimbursement policy forms part of the Service provision agreement. The User expressly acknowledges to have read, understood and agreed to the policy before purchasing the Service. If at any point the User ceases to be in agreement with this cancellation and reimbursement policy, the only valid course of action is to stop the use of the Site Services and close the Account so that the next monthly subscription fee is not charged. Note, however, that any transaction occurring before the date of Account closure shall remain valid and governed in its entirety by the terms of this cancellation and reimbursement policy.

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