GENERAL TERMS AND CONDITIONS

The present general conditions regulate the use of the ENDI Web Platform with respect to its users, property of ENDI ENTERPRISE S. L. Clients/users accept the General Conditions from the moment when, after registering by filling in the registration form, they expressly and unequivocally know and accept these general conditions of use, the privacy policy and the legal notice. This document can be printed and stored by Users. ENDI ENTERPRISE S. L puts at the disposal of the users the e-mail address that appears in the Legal Warning of the web terms that are in the application and in the Web site, so that they can raise any doubt about the General Conditions.

IDENTITY OF THE HOLDER OF THE APPLICATION AND DATA CONTROLLER.

ENDI ENTERPRISE S. L. , a Spanish trading company with registered offices at Calle Doctor Esquerdo, 98, Bajo B, 28007, Madrid, with CIF B88450937, ENDI ENTERPRISE or ENDI, is the sole owner of the ENDI web platform described in these general conditions.

It is also responsible for the processing of personal data collected by the creation of the profile of each user.

Contact email address: legal@endiwork.com

APPLICABLE LAW

These General Conditions are subject to the General Data Protection Regulations of 27 April 2016 (hereinafter RGPD), to Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, to the provisions of Law 7/1998 of 13 April on General Contracting Conditions, in Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

Also in Royal Decree 1906/1999, of 17 December, which regulates Telephone or Electronic Contracting with General Conditions, Law 7/1996, of 15 January, on the Regulation of Retail Trade, and in Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.

RULES. KNOWLEDGE, ACCEPTANCE AND MODIFICATION

These Rules define the rights and obligations of the parties: ENDI ENTERPRISE S. L, and the USER of the web platform

In compliance with the new RGPD, the USER must expressly, freely, clearly and unequivocally declare that he knows and accepts them, agreeing that they represent the totality of the agreements between him and ENDI ENTERPRISE S. L, considering each norm separable and independent of the others.

ENDI ENTERPRISE S. L reserves the right to modify these clauses without notice, and may improve, delete or add content and services. When these modifications are carried out, the USER will be informed according to what is legally established, when the treatment of his personal data is affected, this will be communicated to him through his user profile, and he will have to give his express consent for the continuity of the service.

PURPOSE.

ENDI is a virtual work platform in which users can create workspaces, virtual environment for work management regardless of their nature.

SERVICES AND FUNCTIONS OF THE PLATFORM

ENDI allows Users (depending on their specific function) to contract, manage, control or simply form part of projects (“Projects";), providing Users with all the necessary tools to organize their work, becoming efficient and having a great overview of the deadlines and tasks to be developed.

Depending on the chosen Affiliation Plan (as indicated in Clause IV “Registration"), Users may have access to different functionalities (“Functionalities").

ENDI allows Users to invite others to get involved in the Project. ENDI also allows Users to contract, export content and integrate their accounts with other applications and services (such as Upwork, Jira, Asana, Wrike, Dropbox, Genba, Invictus, etc. ).

In addition, there is the possibility of including money since credits can be purchased as a substitute for money for the creation of reports or the acquisition of subsequent services to be developed. Of the things that can be acquired through these credits on the ENDI web platform, are services, disk space, extended tools, use of rooms or other coworking spaces, etc. .

This can be done through one of the established forms of payment (to be defined)

ENDI may contain, in addition to the personal data provided by Users, other data, as well as photographs, videos, comments or any other content related to the Projects (the "Content";). For the proper use of ENDI by Users, the Company grants Users a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content (i. e. for download and local viewing), and strictly limited to the purposes of ENDI's use and for the performance of its functions in the Projects.The use, reproduction, modification, distribution or storage of any Content for any other purpose is expressly prohibited without our prior written permission.

Furthermore, the user accepts that ENDI may include certain communications on the web platform, such as services, announcements, messages or notifications.




REQUEST CONTACT

The user can contact ENDI ENTERPRISE S. L, through the tab "Help Center";, located at the bottom of the web platform, within the options that can handle the user. It will introduce the question on which you want to obtain information, along with the email of the USER for ENDI ENTERPRISE S. L, can respond and contact the USER to resolve their doubts or questions or provide information.

USE AND FUNCTIONALITIES OF THE APPLICATION.

The user must declare that they are over 16 years of age and/or have sufficient legal capacity to enter into a contract.

To become a User, you must register as such, creating a User account (hereinafter, the "account";) through the web platform in the "Registration"; section.

The User guarantees that the personal data provided are true and accurate, and undertakes to notify ENDI of any change or modification thereof. Without being obliged to do so, ENDI reserves the right to request any official information in order to verify the veracity of the personal data supplied.

The user must be registered to interact with the content generated within ENDI, for example: To create a new workspace, receive or send invitations to other users, participate in projects, and any other activity that can be developed through the platform.

Account Setup:

Once the profile is created, in the account settings section, the user can check and update the basic profile information, such as: Full name, description, date of birth, country, city, gender, and profile picture or avatar. You can also manage access data such as: password, telephone and e-mail. You will also be able to access the privacy settings.

Distribution of possible activities to be carried out and developed by the user:

- Management and creation of "workspaces";, or a workspace, is a virtual environment for work management regardless of its nature.

- Project management and creation: A project is created within a "workspace"; to start managing the work punctually. A project can be of any nature (software, marketing, day to day, events, etc).

- Both human and financial resources are managed within each project. The working roles of each resource involved in the project are managed, as well as the expenses incurred on each project.

- Within each project you can manage tasks, milestones or objectives, files, conversations through chats, notes, reports, analysis of use and performance of each resource and preferences of each project and each resource.

Notification Center

The notification center is located within the "My Account"; page, this notification center will handle all activities related to my account.

Notifications include:

- Invitations: users can send each other invitations to collaborate or create new workspaces or projects.

- Activities: shows all the news about the projects and workspaces in which the user participates. It also shows messages sent by other users.

Create new workspace

The user who wants to start a new project, will be able to create a new workspace, in which he must assign a name and description, and then send invitations.

User obligations and prohibitions

The USER undertakes to make use of this Platform in accordance with the rules of use and not to develop activities contrary to law, morality or public order. It also undertakes not to carry out actions that affect the display, extract information or attempt to access internal databases.

The USER will not use the Platform for:

  1. a) Interfering or attempting to interfere with the functionality developed by ENDI ENTERPRISE S. L.
  2. b) Obtain or attempt unauthorized access.

ENDI ENTERPRISE S. L reserves the right to deny access to the USER in the event that it carries out any of the above activities and to take the appropriate legal action.

In general, the following behaviors and/or actions shall be prohibited, including but not limited to:

- Create a profile by a third party, unless express consent is obtained to do so.

- Use the platform or means offered by ENDI for purposes not reflected in this document.

- Using the ENDI brand for personal use, damaging the brand and/or logo, taking screenshots or using means of the Platform to promote personal interests in other media or avenues.

- Use the ENDI web platform to spread hateful, violent, racist, religious, discriminatory, harmful, abusive, anti-health and/or pornographic messages.

- Use the Platform to harass, abuse, defame and/or threaten other Users and/or non-users of the Platform.

- Use the spaces or projects created by other Users as their own, as well as any content, such as videos, photos, texts, among others that may be included in these. This prohibition shall also apply to any type of publication made by any User of the Platform.

- Use private information of third parties to publish them, use images, videos or reproductions that may infringe the privacy or rights of third parties.

- Buy, sell or transfer any content posted on the ENDI platform.

The content uploaded to the Platform and / or published, either publicly or privately is the sole responsibility of the user who publishes such content, exempting ENDI from any liability for any incident that such content may produce.

If you detect that a User is using the ENDI platform for purposes other than those stipulated in these General Conditions, inappropriately and/or illegally, you should contact ENDI staff at the following e-mail address: legal@endiwork.com

For its part, ENDI reserves the right to delete and/or block any User account that it considers or has sufficient indications that these General Conditions are being breached.

LITHIUM

In case of litigation, the USER will address by priority to ENDI ENTERPRISE S. L, to obtain an amicable solution. For all litigious matters that concern ENDI ENTERPRISE S. L, the Spanish legislation will be applied, being competent the Courts and Tribunals of the domicile in Spain of ENDI ENTERPRISE S. L.

COPYRIGHT, INTELLECTUAL PROPERTY AND ADVERTISING

ENDI ENTERPRISE S. L. respects the industrial and intellectual property rights of third parties.

It is forbidden to reproduce, copy, publicly communicate, distribute or modify elements contained in the Platform that are not owned by the user or infringe rights subject to protection unless authorized by the owner of the rights. Reproduction in whole or in part of the content on the sites of ENDI ENTERPRISE S. L is prohibited.

The contents provided by this Platform are subject to intellectual property rights and are the exclusive property of ENDI ENTERPRISE S. L or natural or legal persons who report in their case.

The intellectual property extends, in addition to the content included in the Application, to its graphics, logos, design, images, databases, database contents and source code used for its programming.

The contents related to trademarks, domains, logos, drawings or documentation, including software, computer programs, or any element that may be subject to protection by Intellectual or Industrial Property legislation, which may be accessible to Users, are the property of ENDI and all rights of use over them are expressly reserved.

You may use such material only as expressly authorized by ENDI.

Any improper use of the Service or breach of obligations by the User may result, at the discretion of ENDI, in the cancellation of the account, or suspension of the Service until the incident is resolved, if any.

Likewise, the User undertakes not to remove, delete, alter, manipulate or in any way modify:

- Those notes, legends, indications or symbols that either ENDI or the legitimate owners of the rights incorporate into their properties in the field of Intellectual or Industrial Property (such as, for example, copyright, ©, ® and ™, etc. ).

- Technical protection or identification devices owned by ENDI (such as watermarks, fingerprints, etc. ).

The User acknowledges that, by virtue of these General Conditions, ENDI does not assign or transfer to it any right over its Intellectual and/or Industrial Property titles, or over any properties of third parties. ENDI only authorises the User to access and use them in accordance with the terms indicated in these General Conditions.

The User is not authorised to copy, distribute (including e-mails and Internet), transmit, communicate, modify, alter, transform, cede or, in any other way, carry out activities that entail the commercial use of the Intellectual and/or Intellectual Property rights, whether partial or total, without the express written consent of the legitimate owner of the exploitation rights.

Access to and use of the Platform will always and in any case be for strictly personal purposes.

ENDI reserves all Industrial and/or Intellectual Property rights to which it is entitled.

ENDI does not grant any other licence or authorisation for use to the User of its Intellectual and Industrial Property rights other than that expressly detailed in this clause.

ENDI reserves the right to terminate or modify at any time and for any reason, the licenses granted under these General Conditions. Notwithstanding the foregoing, ENDI may take legal action against any use by the User who:

- does not conform to the General Conditions specified herein;

- Infringe or violate the Intellectual and Industrial Property rights or other analogous rights of the Company or any other legitimate third party holder; or infringe any applicable regulations.

GENERAL CONDITIONS TO REGULATE THE USE OF THE APPLICATION.

ENDI ENTERPRISE S. L makes available to users general information on the services it can provide in relation to advertising development, legal, and launch of products and services.

In order to contact ENDI ENTERPRISE S. L. , you can send an e-mail to the following address: legal@endiwork.com.

PRIVACY OF USER DATA.

ENDI ENTERPRISE S. L undertakes not to disseminate or transfer to third parties (except with the express and unequivocal consent of the user) any data provided by the user through the Application.

The data that the USER may provide to ENDI ENTERPRISE S. L. , through the use of the Application, as well as the data that ENDI has access to through registration through Facebook or Instagram, will be TOTALLY confidential, of exclusive use and limited to the duration of the service and use of the application by the user.

ENDI ENTERPRISE S. L, undertakes not to disclose confidential information of the USER.

Once the user deletes his/her user profile, all his/her data will be deleted both from the Application and from ENDI ENTERPRISE S. L. 's own database.

USER RIGHTS

The authorship of the content that each User uploads to the platform is the User's own, as well as its property. However, the User grants a worldwide, non-exclusive, free, transferable and sub-licensable license to use, copy, publicly communicate, edit, modify, translate, exploit, distribute and/or reproduce such content, including the User's name and ENDI's account profile picture. The User declares and guarantees that he is the owner of all intellectual property rights and that he does not infringe the rights of third parties with the content uploaded to the Platform.

The User may remove from the Platform, at any time, all the content published on the Platform, through his profile or by sending a request to legal@endiwork.com. Once such content has been removed or requested to be removed, such content may not be published.

However, such content may remain in the backups previously made by ENDI and retained for a reasonable period of time.

The User, in the process of making his profile may use an identifying name. ENDI reserves the right to modify or delete this name if it contains words that may harm third parties or violate any of the User's prohibition rules.Furthermore, ENDI reserves the right to delete and/or modify the identifying name if it coincides with the name of another User, public figure or registered trademark, among others.

ENDI'S RESPONSIBILITY

ENDI is only a web platform where registered Users create workspaces, coworkings, and project development with other Users. ENDI does not carry out any control over the authenticity of the contents of user publications and/or their contents.

ENDI is not responsible for the authenticity, accuracy, reliability, legality, as well as for any violations of third party rights by Users. In this sense, the Users understand that endi is an independent company that makes the Platform available to them, and that it does not assume any responsibility derived from the information provided by the Users, nor for the damages or losses that eventually could suffer third for publications and/or for the breach of the present General Conditions on the part of the Users.

ENDI does not confirm or validate any publication. Without prejudice to the foregoing, ENDI may eventually carry out additional checks and implement procedures designed to help verify or check the identities of its Users and/or their publications.

The Users are completely responsible for the access and correct use of their account in ENDI and other contents of the Platform subject to current legislation, whether national or international, as well as the principles of good faith, morality, good customs and public order. Specifically, they undertake to diligently observe and comply with these General Conditions.

Users shall abstain from using their profile and the rest of the contents of the Platform for illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, render useless, affect or deteriorate the Platform, its contents and services. Likewise, it is forbidden to prevent the normal use of the Platform by other Users.

ENDI cannot be held responsible for editorial matters, and expressly declares that it does not identify itself with any of the opinions that Users may issue on the Platform, the consequences of which are entirely the responsibility of the issuer of the same.

Those who fail to comply with such obligations shall be liable for any damage or injury they cause. ENDI shall not be liable for any consequence, damage or harm that may result from such unlawful access or use by third parties.

In addition to the foregoing, and to the extent permitted by law and except as otherwise provided in these General Conditions, in no event shall ENDI be liable for personal, accidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss or failure to obtain employment, loss of data, business interruption or any other commercial damage or loss, related to the use or impossibility of use of the Platform, regardless of the cause, regardless of the theory of liability (contractual or tort or otherwise) and even if the User has been advised of the possibility of such damage.

USER UNSUBSCRIBE

The User can unsubscribe at any time.

Cancellation in the Platform will be carried out through the "user profile"; in the "Cancellation of Service"; section.

Likewise, the user is informed that, upon cancellation of the service and the Platform, ENDI ENTERPRISE S. L will delete their data and will not keep or store them in any medium or support, since the utility for which they were collected is finished.