1. GENERAL INFORMATION

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The ownership of this website (hereinafter referred to as the Website) belongs to:
NOMADAWARE, with its registered office located at Calle Stradella núm.1 - bajo, 07013 Sa Vileta-Son Rapinya, Illes Balears. The company is registered in the Commercial Registry of Palma de Mallorca: Volume 2833, Folio 121, Sheet PM-87686, on October 31, 2019. Email: developer@nomadaware.com
This document (as well as any other documents mentioned herein) regulates the terms and conditions governing the use of this Website (https://www.nomadaware.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that NOMADAWARE develops through the Website includes:
Sale of Software products (applications).
In addition to reading these Conditions, before accessing, browsing, and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and NOMADAWARE's privacy and data protection policy.
By using this Website or making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and all of the aforementioned, so if you do not agree with all of it, you should not use this Website.
Furthermore, it is informed that these Conditions could be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website as those in effect at the time the acquisition of products and/or services is requested will be applicable.
For any questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.

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2. THE USER

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Access, browsing, and use of the Website confer the condition of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), thus accepting, from the beginning of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
  - Using this Website only to make legally valid inquiries and purchases or acquisitions.
  - Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities would be informed.
  - Providing truthful and lawful contact details, for example, email address, postal address, and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.
The Website is primarily aimed at Users residing in Spain. NOMADAWARE does not guarantee that the Website complies with the laws of other countries, either totally or partially. NOMADAWARE disclaims any responsibility that may arise from such access, nor does it guarantee shipments or the provision of services outside of Spain.
The User may formalize, at their choice, with NOMADAWARE the contract for the sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

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3. PURCHASE OR ACQUISITION PROCESS

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The purchase or acquisition process for most of our products is carried out through the Microsoft online store (Marketplace or Appsource) and falls into the category of monthly or annual subscription payment, so the final prices of each product are found on the product's respective page. If a private agreement has been reached between the User and NOMADAWARE regarding a product, the applicable price will be the one agreed upon between both parties, replacing the previous price.

In the case of products offered directly from this website that require customized installation, the User commits, at their own charge and cost, to the preparation, purchase, activation, and installation of everything necessary for the fulfillment of the telematic service provided by NOMADAWARE. For example: an appropriate terminal (personal computer, smartphone), phone lines, telephone devices, and modem or router, Internet access programs, subscriptions, devices, etc. It is understood and agreed between the parties that under no circumstances does NOMADAWARE guarantee that the devices and all the above mentioned used by the User are adequate to satisfy the service offered by NOMADAWARE, nor that they will achieve the desired purpose. Possible connections between NOMADAWARE’s computers and/or systems and those of the User and/or third parties will be carried out according to the methods and technical requirements specified in each case by NOMADAWARE, which the Customer accepts and acknowledges.

NOMADAWARE may provide all technical and useful information for the services and will use its own connection standards, equipment, and programs, reserving the possibility of making any modifications to them, being exempt from any charge or responsibility. The User bears any connection cost, adapting their own devices whenever necessary according to the parameters and standards defined by NOMADAWARE in each case.

Additionally, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email.

The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale concerning the product and/or service in question that are displayed alongside the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of illustration but not exhaustive, and depending on each case: name, price, product details, or characteristics, how the services will be carried out and/or cost of the services; and acknowledges that placing the purchase order constitutes full and complete acceptance of the specific conditions of sale applicable to each case.

Communications, purchase orders, and payments involved during transactions carried out on the Website could be archived and stored in the computerized records of NOMADAWARE to constitute proof of the transactions, always respecting reasonable security conditions and the laws and regulations in force that apply in this regard, particularly in compliance with the LOPD and the rights that assist Users according to the privacy policy of this Website (Legal Notice and General Conditions of Use).

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4. AVAILABILITY

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All purchase orders received by NOMADAWARE through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. If difficulties arise regarding the supply of products and services, NOMADAWARE commits to contacting the User and reimbursing any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.

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5. PRICES AND PAYMENT

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The prices displayed in the Microsoft Marketplace or on the Website are final, in Euros (€), and include taxes, unless otherwise required by law, especially concerning VAT.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation except for subscription payments, which will simply be updated at the next renewal or payment, whether annual or monthly.
NOMADAWARE uses the external services of another company for collecting software subscription payments, and the accepted payment methods will be those offered by the payment gateway, the most common being: credit card, bank transfer, PayPal, etc.

Credit cards are subject to checks and authorizations by the issuing bank, if such an entity does not authorize the payment, NOMADAWARE will not be responsible for any delay or lack of delivery and cannot formalize any contract with the User.

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6. DELIVERY

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Products purchased through Microsoft's AppSource are delivered and installed instantly. For products delivered directly by NOMADAWARE, except in cases of unforeseen or extraordinary circumstances or due to the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website.

If, for any reason attributable to NOMADAWARE, it cannot meet the delivery date, it will contact the User to inform them of this circumstance. The User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the paid price. In any case, deliveries are made on business days.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or service provision will be considered located within the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

 

7. TECHNICAL MEANS TO CORRECT ERRORS

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The User is informed that if they detect an error when entering necessary data to process their purchase request on the Website, they can modify it by contacting NOMADAWARE through the contact spaces enabled on the Website, and, if applicable, through those enabled to contact customer service and/or using the contact details provided in the first clause (General Information). 

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use for more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on the Protection of Personal Data.

 

8. RETURNS

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In cases where the User purchases products on or through the holder's Website, they are entitled to a series of rights, as enumerated and described below:

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Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and is therefore entitled to withdraw from this purchase and cancel the software subscription within 14 calendar days without needing to provide justification. This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them acquired physical possession of the product purchased on the NOMADAWARE Website.

To exercise this right of withdrawal, the User must notify their decision to NOMADAWARE. They can do so, if applicable, through support@nomadaware.com.

Regardless of the means the User chooses to communicate their decision, they must clearly and unequivocally express their intention to withdraw from the purchase contract and the subscription. To meet the withdrawal deadline, it is sufficient for the communication expressing unequivocally the decision to withdraw to be sent before the corresponding deadline expires.

In the case of withdrawal for subscription sales (SaaS), the next monthly or annual fee will simply no longer be charged. In the case of direct product sales, NOMADAWARE will reimburse the User for all payments received without undue delay and, in any event, no later than 14 calendar days from the date NOMADAWARE is informed of the User's decision to withdraw. NOMADAWARE will reimburse the User using the most convenient payment method, or failing that, the one used by the User for the initial purchase transaction. This reimbursement will not incur any additional cost to the User. However, NOMADAWARE may withhold reimbursement until the acquired products have been returned by the User.

The User acknowledges that there are exceptions to the right of withdrawal, as outlined in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. In the same vein, the provision of a service that the User could contract on this Website is governed by this Law, which establishes that the right of withdrawal will not apply to Users when the service provision has been fully executed or when it has begun, with the express consent of the consumer and user and with the acknowledgment by them that they are aware that, once the contract has been fully executed by NOMADAWARE, they will have lost their right of withdrawal.

 

Warranties

The User, as a consumer and user, enjoys warranties on the products that may be purchased through this Website, under the terms legally established for each type of product, thus responding for the lack of conformity of the same that manifests within two years from the delivery of the product.

In this sense, it is understood that products are in conformity with the contract provided that: they conform to the description made by NOMADAWARE and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected from the same. When this is not the case concerning the products delivered to the User, the User must proceed as indicated in the section "Return of defective products."

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9. DISCLAIMER OF LIABILITY

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Except as provided by law, NOMADAWARE will not accept any liability for the following losses, regardless of their origin:

- Any losses not attributable to any breach on its part.
- Business losses or economic losses of the User or third parties (including lost profits, income, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred, etc.).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products/services was formalized.

Similarly, NOMADAWARE also limits its liability in the following cases:

- NOMADAWARE applies all measures concerning providing a faithful visualization of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist due to lack of screen resolution, browser issues, or other such circumstances.
- Technical failures that, due to fortuitous or other causes, prevent normal service operation. Lack of availability of the Website for maintenance or other reasons that prevent service availability. NOMADAWARE puts all means at its disposal to carry out the purchase, payment, and delivery process of the products; however, it is exempt from liability for causes not attributable to it, fortuitous events, or force majeure.
- While NOMADAWARE makes every effort to offer high-quality products, we do not guarantee that our products are free of defects. Our software is provided as developed, and you use the software at your own risk. We do not offer any warranty regarding performance, merchantability, fitness for a particular purpose, or any other warranties, whether express or implied.
- We are not responsible for possible software failures, nor for the loss of information that such failures may cause to the User or third parties.
- Under no circumstances will NOMADAWARE be liable for direct, indirect, special, incidental damages, third-party damages, both economic and any other kind, consequential damages resulting from the use, misuse, or inability to use this software, even if NOMADAWARE has been advised of the possibility of such damages.
- NOMADAWARE will not be responsible for the misuse and/or wear of the products/services that have been used by the User. Similarly, it will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, NOMADAWARE will not be responsible for any non-compliance or delay in the fulfillment of any of the assumed obligations when it is due to events beyond our reasonable control, i.e., due to force majeure, which may include, but is not limited to:
  - Strikes, lockouts, or other industrial action.
  - Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.
  - Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  - Impossibility of using trains, ships, aircraft, motor transport, or other means of transportation, public or private.
  - Impossibility of using public or private telecommunication systems.
  - Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Thus, obligations will be suspended during the period in which the force majeure cause continues, and NOMADAWARE will have an extension of time to fulfill them for a period equal to the duration of the force majeure cause. NOMADAWARE will put all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure cause.

NOMADAWARE is not responsible for possible software failures, nor for the loss of information that such failures may cause to the User or third parties, as well as for software errors that may cause failures both in third parties and in the user themselves.

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10. COMMUNICATIONS IN WRITING AND NOTIFICATIONS

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By using this Website, the User agrees that most communications with NOMADAWARE will be electronic (email or notices posted on the Website, etc.). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that NOMADAWARE sends electronically comply with the legal requirements of being in writing. This condition does not affect the User's rights recognized by law.

The User can send notifications and/or communicate with NOMADAWARE through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website. Similarly, unless otherwise stipulated, NOMADAWARE may contact and/or notify the User by email or at the postal address provided.

 

11. WAIVER

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No waiver by NOMADAWARE of a specific right or legal action or the lack of requirement by NOMADAWARE for strict compliance by the User of any of their obligations will constitute a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from fulfilling their obligations.

No waiver by NOMADAWARE of any of these Conditions or rights or actions derived from a contract will take effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

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12. SEVERABILITY

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If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, unaffected by such a declaration of nullity.

 

13. ENTIRE AGREEMENT

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These Conditions and any document expressly referred to herein constitute the entire agreement between the User and NOMADAWARE regarding the subject matter of sale/service and replace any other pact, agreement, or promise previously made verbally or in writing by the same parties.

The User and NOMADAWARE acknowledge having consented to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

 

14. DATA PROTECTION

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The personal information or data that the User provides to NOMADAWARE during a transaction on the Website will be treated according to the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data they provide is truthful.

 

15. APPLICABLE LAW AND JURISDICTION

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Access, navigation, and/or use of this Website and the purchase contracts for products and services through it will be governed by Spanish law.

Any controversy, issue, or disagreement that arises or is related to the access, navigation, and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between NOMADAWARE and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

16. COMPLAINTS AND CLAIMS

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The User can send their complaints, claims, or any other comments they wish to make to NOMADAWARE through the contact details provided at the beginning of these Conditions (General Information). Additionally, official complaint forms are available to consumers and users, which they can request at any time using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between NOMADAWARE and the User, the User, as a consumer, can seek an out-of-court settlement of disputes in accordance with EU Regulation No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes. You can access this method through the website: http://ec.europa.eu/consumers/odr/