The Owner of the website www.pluglin.com is Blarlo Global Solutions S.L. (“Blarlo”), with tax ID number or “CIF” B87700845 and address at Calle O’Donnell 10, 1º dcha, 28009, Madrid (hereinafter, the Company). E-mail: hola@Pluglin.com. The following terms and conditions apply to the service that www.pluglin.com provides to its customers (hereinafter, the Customer), which they hire through the Pluglin website located at the URL https://www.pluglin.com. Respectively, the Service, the Site, and the General Terms and Conditions include, together with the types of Service chosen during the hiring procedure, the order filled by the Company and placed by the Customer.
“Users” are visitors to this website or service who are not registered users. “Customers” are visitors who are already registered and have hired the Company's services. Customers of the Service as individuals or, where applicable, the company or other legal entity they represent, have the capacity to hire the services. Customers must always represent a company or a professional, not private individuals. “Collaborators” are third parties who collaborate with the Company and the Customer to provide different services as contractors of the Company (under no circumstances as employees). “Service” means all www.Pluglin.com websites, services, applications, and related technologies, and any services provided. The services are provided exclusively for business and professional use, and under no circumstances for personal use. “Orders” are any request for services created by a customer and accepted by the company by acknowledgement of receipt on the platform or by e-mail. “Customer Materials” are the source content for use in the Service and any guidelines, as well as other materials provided by the Customer for the efficient provision of the service. “Completed Work” is the final content delivered to the Customer as a result of the Service provided with the Customer’s materials. “Quality Levels” are defined and described in the Company's Quality Policy. “Platform” is the Company's online web portal and the platform where the Customer may access their Customer account, place Orders, and access the Service.
2. AUTHORIZED USERS
Access to this website is strictly prohibited to minors under 18 years of age or persons who are not of legal age in their place of residence or jurisdiction. Customers must always represent a company or a professional, not private individuals. The access and use of the Portal confers to the person who accesses it or uses it the status of User, thus accepting, from that moment on, fully and without reservation, these General Terms and Conditions as well as the Specific Terms and Conditions which, if applicable, complement, modify, or replace the General Terms and Conditions in relation to specific services and Portal content. The User who accepts these General Terms and Conditions on behalf of the Customer declares and guarantees to have full capacity to adequately represent the Customer in this Contract.
3. COMPLIANCE WITH THE GENERAL TERMS AND CONDITIONS
The Customer will use the Service in full compliance with these General Terms and Conditions.
4. CUSTOMER LIABILITY
Availability, security, and business continuity The Customer shall be solely responsible for the availability of their computer systems and connection to the Company's systems that allow the provision of the Service. The Company shall not be liable for any of these devices and connections. In particular, the Customer shall ensure that the necessary security, virus detection, and procedures are in place to prevent unauthorized access, misuse, or alteration of the Service, as well as data protection and disaster recovery procedures. Customers should refrain from obtaining or attempting to obtain any information available under the Service through means or procedures other than those that have been made available to them or indicated for this purpose. No violation of the law, no violation of third-party rights, no system interruptions The Customer agrees not to act in any way that (i) violates applicable law or encourages any conduct that may constitute or give rise to any other liability or violation of the applicable law, (ii) may offend or damage the image, interests, or rights of the Company or any third parties, or (iii) may damage, disable, or overburden the Site or Service, interfere with, disrupt, or interrupt the operation of the Site or the Service as well as the computer networks of the Company or any third parties, or that may in any way impede the normal use of the Site or the Service and authorized access to them. Usernames and passwords The Customer accepts that the usernames and passwords granted for access and use of the Service are confidential, may not be shared, and are provided for the Customer's sole use. The Customer accepts that the Company shall not be liable under any circumstances for the Customer’s handling of usernames and passwords. Limited use The Customer will not use the Service to develop, support, create, or offer prices for any product or service that directly competes with the Service, with any other Company product or service offered on the market or that may create a functional substitute for any of the Company's products or services. The Customer accepts that the use, dissemination, or distribution by the Customer of content that is identical or similar to that provided through the Service is contrary to the provisions of these General Terms and Conditions and will therefore constitute a violation of them. The use of the Service is limited to professional, exclusive, non-onerous, individual (as opposed to collective) and non-transferable use by the Customer and is limited to professional purposes. The Customer agrees to not contact Collaborators outside the Platform that the Company offers for communication during the request and management of the Orders.
5. ORDERS AND APPROVAL
Payment During the Creation of the Order, the Customer must proceed to pay for it. The Company will not begin to manage and fulfil the Order until it has received confirmation of payment by the Customer. All payments are non-refundable. Payment to the Company must be made with funds that are readily available, without any deduction or compensation, and free of any taxes, levies, duties, charges, fees, tariffs, and withholdings of any kind now or in the future, imposed by any government, tax authority, or any other authority. If the Customer is required to pay taxes or any other levies, the Customer shall pay the Company any additional amounts necessary to ensure that the Company receives the total amount it would have received.
Order Once registered on the Platform, the Customer may initiate an Order, providing all necessary information through the Platform, including the level of quality of service and Customer Materials.
Customer Materials The Customer is responsible for providing the Customer Materials for the service hired when placing the order. The Company may make recommendations on which basic materials and in which format these basic materials should be provided. The quality of the results will depend on the quality, accuracy, and completeness of the Customer's basic materials and the instructions provided.
Cancelations The Customer may cancel any Order if the project has not yet been assigned to a Collaborator. To cancel an order, the Customer must contact the Company's customer support at hola@Pluglin.com to see if the Order may be cancelled. If the Order has been assigned to a collaborator, the Order cannot be cancelled, and a refund for the order amount cannot be requested. Completed Work The Company does not guarantee that a specific Collaborator may participate in the Customer Order. The Company will return the completed work to the Customer in accordance with the quality level established in the Order. The Company will estimate an expected deadline for completion of the service but cannot guarantee the exact delivery time. The Company will inform the Customer by e-mail when the completed work is ready for review.
Approval or Rejection Upon notification of delivery of the Company's completed work, the Customer will have 120 hours to review the completed work. The Customer may approve the completed work through the Platform. If the Customer does not respond within the 120-hour review period, the completed work will be considered “Approved”. Alternatively, the Customer may reject the completed work within the 120-hour review period if they reasonably determine that it does not meet the quality level requested. Due to the nature of any service provided in different languages, or even within the same language, errors will inevitably occur in the services. If the Company determines that the completed work rejected by the Customer does not meet the quality level specified in the Order, then the Company will correct and resubmit the completed work within a reasonable period of time. The Company's liability shall be limited to correcting said errors.
Waiver The Customer agrees to review any translated Work before making the content public, and the Customer expressly agrees that the Company shall have no responsibility or be liable for compensating the Customer for the completed work.
6. COLLABORATORS AND CONTRACTORS
The Company uses third-party outsourcing (collaborators) to provide the Service to the Customer. As such, the Customer agrees that the Company may sublicense its rights under this Agreement to third parties to act on behalf of the Company, provided that said third parties are contractually bound by conditions that guarantee the Customer's rights, which are more protective than those specified in this Agreement. The Company is solely responsible for the payment and resolution of all disputes with subcontractors and Collaborators.
7. DISCLOSURE OF CUSTOMER MATERIALS
We disclose Customer Materials to potential Collaborators and Contractors, for the sole purpose of allowing them to preview the content in order to decide whether the Order should be assigned to them. The Customer is solely responsible for editing or deleting any confidential or personally identifiable information from Customer Materials if it does not wish to disclose such information.
8. INTELLECTUAL PROPERTY
All intellectual property rights in the completed work will be assigned to the Customer at the time of the Customer's approval of the completed work and compliance with this Agreement. Trademarks, names, logos, and brand names (collectively, Trademarks) such as “Pluglin” or “blarlo” are trademarks of the Company. Nothing contained in this Agreement shall be construed as granting any license or right to use any trademark without the Company’s prior written permission. Service content is protected by intellectual property laws and may not be copied, distributed, modified, posted, or transmitted in any way. Third-party content and trademarks appearing as part of the Service are the property of their respective owners and may not be reproduced in whole, or in part, without the owner’s express written consent. If the Customer chooses to allow the Company to use the Customer’s content as “public examples”, the Customer grants the Company a worldwide, perpetual, royalty-free, irrevocable license to publish and display their Customer Materials and related translated Work in connection with the operation, promotion, and improvement of our services. This license continues even if the Customer ceases to use our Services. If the Customer submits comments or suggestions about our services, we may use their comments or suggestions with no obligation to the Customer. In order to provide the Customer with the best Services, the Company (and those with whom we work) may use Tools and add Materials to other Customer content, to generally improve the Services (e.g., improve time estimates, or improve machine learning systems). If we do this, we will never disclose a Customer’s identity or confidential information, nor will we make a Customer’s translated work available to the public.
9. ABOUT APIS AND SOFTWARE IN OUR SERVICE
The Company’s Service may include APIs or software (“Company Materials”) to facilitate the use of the Service and are considered a part of the Service. If the Customer chooses to use said Company Materials, the Company grants the Customer a worldwide, royalty-free, non-assignable, non-exclusive license to use the Company Materials for the sole purpose of allowing the Customer to use and enjoy the benefits of the Services as provided by the Company and as allowed under these terms. The Customer may not copy, modify, distribute, sell, or lease any part of our Service or Company Materials, nor may they reverse engineer or attempt to extract the source code from the Company's Service or Materials. The Company does not guarantee the availability and performance of the Company Materials. Customer access or use may be limited or suspended at any time.
The Customer shall compensate and not request compensation from the Company, its affiliates, current and past directors, managers, and employees for and from any claims, taxes, losses, damages, liabilities, resolutions, transactions, costs, and expenses, including attorneys' fees and other legal expenses, arising directly or indirectly from or in connection with: (1) The Customer's failure to comply with any of their representations, guarantees, or obligations under this Agreement; (2) negligent, reckless, or unlawful action on the part of the Customer or any of their assistants, employees, contractors, or agents; (3) the Customer's failure to comply with their obligations or exercise their rights in accordance with all laws, rules, and regulations.
11. GUARANTEES AND LIMITATION OF LIABILITY
The Customer declares and guarantees that they have all necessary rights, titles, and interest in the Customer Materials, and that the Customer Materials do not infringe or violate the rights of third parties, do not violate any laws, and do not contain any offensive or unacceptable content. The Service is provided “as is” and “as available”. Accordingly, the Company offers no guarantees (whether express or implied) of the commercial viability or suitability of the Service, its application for a specific purpose, the absence of errors (or the solution of any of them), interruptions, or viruses, or unassailable security. Compensation for damages caused to the Customer and attributable to the Company is subject to the following limitations: it shall not exceed under any circumstances the amount charged by the Company to the Customer for the Service that caused the damage; it shall not include any of the following damages, whether (un)intended, (un)foreseeable, or (un)known arising from use of the Service: (1) loss of profit and indirect damages; (2) loss of goodwill or reputational damage; (3) third-party claims of infringement of intellectual property rights; (4) damages suffered by third parties; and (5) data loss. The Customer shall communicate any damages or losses to the Company in express and written form within two (2) months of the date on which they occurred and never later than two (2) months after termination of the Contract for any reason. Some jurisdictions establish some Guarantees, such as the guarantee of commercial viability or suitability for a particular purpose. To the extent permitted by law, all guarantees are excluded.
12. TRACKING TECHNOLOGIES
This Agreement is governed by the provisions thereof and in terms of what is not provided for, by the rules of the current Commercial Code and other Spanish commercial and civil legislation. In the event of a dispute between the parties arising out of this Contract, both parties, expressly waiving their own jurisdiction, submit to the jurisdiction of the Courts and Tribunals of Madrid, Spain. If any section of the General Terms and Conditions turns out to be not applicable, this will not affect the remainder of the sections. This Agreement is updated periodically. The Customer should read the terms on a regular basis. If the Customer does not agree with the terms modified for a Service, they must discontinue use of said Service. The Company may suspend or discontinue access to the Service or an Order if the Customer fails to comply with this agreement or if the Company suspects misconduct, fraudulent activity, or a violation of this agreement, with or without notice. The Company may modify or suspend the Platform or Service, at any given time and for any reason. If the Customer does not comply with the General Terms and Conditions, and no action is taken immediately, this does not mean that any rights are being granted nor will it affect the adoption of future measures.