Terms of Use
Thank you for using the MatrixForce service!
These Terms of Use (hereinafter “the Terms of Use”) set out the conditions under which users are offered access to the MatrixForce Service, as well as the obligations and duties they must fulfil in relation to its use (hereinafter “the Service” or “MatrixForce Service”).
The use of the Service confers the status of user of the Service (hereinafter, “the User”) and implies full acceptance of these Terms of Use. If the User does not agree with all or part of these Terms of Use, the User must refrain from using the MatrixForce Service.
Please read these Terms of Use carefully before accessing or using the Service.
1. Use of the Service
It is your responsibility to use the MatrixForce Service in compliance with the law, morality, public order and these Terms of Use. Likewise, you are obliged to make appropriate use of the Service and not to use it for illicit or criminal activities that infringe the rights of third parties or that violate any rule of the legal system.
MatrixForce is not responsible for changes to functions, features, limits, prices, etc. of third-party software such as communication channel software and enterprise software that are integrated into the Service.
Furthermore, MatrixForce makes every effort to ensure the proper functioning of the Service.
Given that the Service connects to messaging channels (WhatsApp, Facebook Messenger, etc.) with third party applications, MatrixForce assumes no responsibility for the availability and proper functioning of the Service, as well as for the User’s compliance with the same.
Prior to contracting the MatrixForce Service, you declare to know and comply with the terms and conditions and policies of use of the instant messaging channels (WhatsApp, Facebook Messenger, etc.,) and third-party applications connected to MatrixForce, for example Zoho, HubSpot etc., available on their respective websites.
Given that the relationship between the parties is “Business to Business” and that they are not consumers, both parties agree, in accordance with the provisions of Art. 27.2 of the Spanish Act 34/2002 on Information Society Services (hereinafter “LSSI”), that it is not necessary to display the information referred to in Art. 27.1 of the aforementioned Law.
2. Intellectual property rights
Other than the content you own, under these Terms of Use, MatrixForce and/or its licensors own all intellectual property rights and materials contained in the Service.
You are granted a limited license only to use the material contained in the Service on a contracted basis.
3. Restrictions
In connection with your use of the Service, you agree to comply with all local, national and international laws, and not to permit or facilitate any third party to violate or infringe the rights (including without limitation copyright, rights of publicity or privacy, trade dress and trademarks) of others, our policies or operating mechanisms, or the security of the Service, and, without limiting the foregoing MAY NOT:
● Publish any of MatrixForce material in any other media;
● sell, sub-license and/or otherwise market any MatrixForce material;
● perform and/or publicly display any MatrixForce material;
● use the Service in any manner that is or may be detrimental to MatrixForce’s service;
● use of the Service in any way that affects users’ access to the Service;
● use the Service in violation of applicable laws and regulations, or in any way may cause damage to MatrixForce, or any person or business entity;
● use of the Service to participate in any advertising or marketing;
● use computer programs, devices, robots or other manual or automated means or processes to access, extract, collect or analyze content from the Service;
● infringe or damage our Service, including without limitation, by means of viruses, malicious code, denial of service attacks, packet or IP spoofing, forged routes or the like;
● use our messaging services to send unsolicited commercial mail (“Spam”).
● Register and use the Service by impersonating a third party.
4. Your contents
In these Terms of Use of the Service, “Your Content” shall mean any audio, video, text, images or other material you choose to add to the Service.
Your Content must be your own and must not encroach on the rights of third parties. MatrixForce reserves the right to restrict access at any time.
MatrixForce shall not be liable for any damage or harm that may arise from the use made by the Users of the information they may access through the service, as well as the use they make of the integrated functionalities made available to them and of the hosted contents. MatrixForce shall act in accordance with the provisions of the LSSI as soon as it has effective knowledge of illicit contents, being able to eliminate them or cancel the subscription of the service.
Our collection and use of personal information in connection with the Services is governed by the Data Processing Agreement (DPA), in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which you must enter into prior to using the Service.
5. Limitation of liability
MatrixForce is not responsible for any damages that may arise from a bad or incorrect use of the Service, nor does it assume any kind of responsibility for incidents in the telecommunication networks, such as, for example, temporary suspension, absence or defects in such telecommunications, caused by third parties, not attributable to MatrixForce.
Consequently, MatrixForce does not guarantee and is not responsible for: (i) the continuity of the contents of the Service; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in Service or in the server that supplies it; (iv) the invulnerability of the Service and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Service; and (vi) the damage or harm caused, to oneself or to a third party, by any person who infringes the conditions, rules and instructions set out in these Terms of Use.
Nevertheless, MatrixForce declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Service and to minimise system errors, both from a technical, legal and organisational point of view.
The user acknowledges and agrees that MatrixForce shall not be liable for any loss or damage that the user may incur as a result of the availability of the Service.
Further, MatrixForce makes no representations or warranties of any kind regarding the Service or the materials produced or distributed by the Service. Further, MatrixForce does not warrant that the Service is fit for purpose, reliable, useful or accurate. Therefore, MatrixForce is not responsible for any damages and/or harm, as well as results that you may obtain through the correct or incorrect use of the Service.
6. Indemnification
You hereby indemnify to the fullest extent MatrixForce from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms of Use.
7. Variation and updating of the Terms of Use
MatrixForce reserves the right to modify the Terms of Use stipulated herein, in whole or in part, by publishing any changes in the same form in which these Terms of Use appear or through any type of communication addressed to users.
8. Transfer
MatrixForce may assign, transfer and sub-contract its rights and/or obligations under these Terms without notice. However, you are not permitted to assign, transfer or sub-contract any of your rights and/or obligations under these Terms.
9. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Hong Kong, and you submit to the jurisdiction of the courts of Hong Kong for the resolution of any disputes, waiving your own jurisdiction.