Legal notice and general conditions of use

I. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:

The ownership of this website, nubacloud.com, (hereinafter, Website) is held by: Sail Away Digital Services LLC, whose contact details are:

Address: 500 4th St Nw Ste 102 Pmb 1497, NM 87102 USA

Contact email: [email protected]

II. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The WebsiteThe purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that it may offer to Users (hereinafter, Services).

Nuba Cloud reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that Nuba Cloud may at any time interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free of charge and, as a general rule, is free of charge without the User having to provide any compensation to be able to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Website may be done through prior subscription or registration of the User.

The User
Access, navigation and use of the Website confers the status of User, and therefore, from the moment the user begins to browse the Website, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them each time he or she visits the Website.

The Nuba Cloud Website provides a wide variety of information, services and data. The User assumes responsibility for making correct use of the Website. This responsibility shall extend to:

• Use of the information, Content and/or Services and data offered by Nuba Cloud that is not contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may result in injury to the rights of third parties or the operation of the Website itself.
• The veracity and legality of the information provided by the User in the forms provided by Nuba Cloud for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Nuba Cloud of any event that allows the improper use of the information recorded in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Mere access to this Website does not imply any type of commercial relationship between Nuba Cloud and the User.
Always in compliance with current legislation, this Nuba Cloud Website is aimed at all persons, regardless of their age, who can access and/or browse the pages of the Website.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Nuba Cloud does not guarantee the continuity, availability and usefulness of the Website, or of the Contents or Services. Nuba Cloud will do everything possible to ensure the proper functioning of the Website, however, it is not responsible for and does not guarantee that access to this Website will not be interrupted or error-free.

Nuba Cloud is not responsible or guarantees that the content or software that may be accessed through this Website is error-free or causes damage to the User’s computer system (software and hardware). In no case will Nuba Cloud be liable for any loss, damage or harm of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Nuba Cloud is not responsible for any damage that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for any telecommunications failures, interruptions, lack or defect that may occur.

IV. LINKING POLICY

The User or third party who creates a hyperlink from a web page of another, different, website to the Nuba Cloud Website must know that:

Reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorization of Nuba Cloud.

Any false, inaccurate or incorrect statement regarding the Nuba Cloud Website, or its Contents and/or Services, is also not permitted.

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by Nuba Cloud.

The establishment of the hyperlink will not imply the existence of relations between Nuba Cloud and the owner of the website from which it is made, nor the knowledge and acceptance by Nuba Cloud of the contents, services and/or activities offered on said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Nuba Cloud, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will therefore be works protected as intellectual property by the Spanish legal system, and both Spanish and European regulations in this field will be applicable to them, as well as international treaties relating to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of Nuba Cloud, is expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of Nuba Cloud. The User may view the elements of the Website or even print, copy and store them on the hard drive of his/her computer or any other physical medium, provided that this is exclusively for his/her personal use. The User, however, may not delete, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or a third party considers that any of the Contents of the Website constitutes a violation of intellectual property rights, they must immediately notify Nuba Cloud through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

Nuba Cloud reserves the right to take any civil or criminal action it deems necessary for improper use of the Website and Contents, or for failure to comply with these Conditions.

The relationship between the User and Nuba Cloud will be governed by the regulations in force and applicable in Spanish territory. If any dispute arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.

VII. SUSPENSION OR CANCELLATION OF SERVICE DUE TO NON-PAYMENT

Nuba Cloud reserves the right to suspend the service and access to the web pages hosted on our platform in the event of non-payment by the client. This measure will be taken in the following cases:

Non-Payment of Invoices: If the client does not pay the amount corresponding to the contracted services before the payment deadline specified in the invoice issued by Nuba Cloud.
Breach of Payment Arrangements: If Customer breaches any payment arrangements agreed to with Nuba Cloud, such as installment payment plans or other specific arrangements.

The suspension of the service and access to the websites will continue until the client regularizes his/her payment situation in accordance with the terms and conditions established by Nuba Cloud. During the suspension period, the client will not be able to access the services or use the websites hosted on our platform.

Nuba Cloud will not be liable for any damage, loss or inconvenience that may arise as a result of service suspension due to non-payment by the customer.