Terms of Service

1. Introduction and acceptance of terms

Biuwer is a data analytics platform available in the cloud, whose services are provided by Biuwer Analytics S.L. (ES B10513877, Edificio Ceeim. Campus Universitario de Espinardo, 7. Murcia, 30100, Spain).

Biuwer provides various services for data analysis and data processing (hereinafter "Services") to companies and organizations worldwide (hereinafter "Organization") by means of a periodic subscription to the software provided as a service.

These Terms and Conditions of Use ("Terms"), together with our Privacy Policy and our Cookie Policy, constitute the entire agreement between Biuwer and its shareholders, affiliates, directors, subsidiaries, employees, agents, suppliers, licensors, distributors, successors, resellers and assigns ("Biuwer" or "We" or "Us") and you or the entity you represent ("You"). These Terms govern your use of the biuwer.com website (the "Site"), the Biuwer web application and/or the Biuwer services.

You, as the primary contact for your organization, acknowledge that you have full legal capacity, i.e. you are of legal age according to the criteria in force in your country of residence in this regard, or you acknowledge that you are at least eighteen (18) years of age to be able to use the services. You also warrant that all users that you manage in your organization will also have the legal status of being of legal age under the same criteria.

This is an agreement between you and Biuwer. By using the services, you acknowledge that you have read and agree to these Terms, so please read them carefully. We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you prior to making such changes and give you an opportunity to review them before they become effective. Once the updated Terms are in effect, you will be bound by them if you continue to use the services. If you do not agree to our updated Terms, you may terminate your account at any time.

2. Registration and user accounts

Our services are not consumer-oriented, but are intended for use in a business environment. In case you are a consumer, please indicate this explicitly before registering for our services.

In order to use the services, it is necessary to register your organization by providing all the necessary information in the registration form available on Biuwer's website. We recommend that you and all users of your organization log in by providing your business contact information, in particular the corporate email address.

You agree to:

1. Provide true, accurate, current and complete information about you as prompted by the registration process.

2. Maintain and timely update the information provided in the registration process.

If you provide any information that is untrue, inaccurate, not current or incomplete, or if Biuwer has reasonable grounds to suspect such information, we reserve the right to terminate your user account and your organization, and refuse any and all current or future use of the services.

When you register your organization, your user will be the main contact and you will be able to specify, in addition to yourself, other administrator users, who will have the necessary permissions to configure the services according to your needs and manage the end users of your organization.

If your company is already using Biuwer, it is possible that someone else has already created an organization with the same name. Be sure to coordinate the use of Biuwer in your company to avoid misunderstandings. However, it is possible to register multiple Biuwer accounts for the same company as long as the names of the Organizations are different.

Your organization may be created and configured by the Biuwer team, as long as there is prior communication through support or other enabled channels. In these cases, it is also possible that your Subscription Plan is customized for use of the services adapted to the needs of your company, including Users, trial period, etc.

Regarding your users, you are responsible for:

1. To guarantee the confidentiality of the passwords of the Users of your Organization.
2. Appoint competent people as administrators of your organization.
3. Ensure that all activities occurring in connection with your organization comply with this agreement.

According to the above, you understand that Biuwer is not responsible for the account administration and internal management of the services. Therefore, you are responsible for taking the necessary steps to ensure that the administration of your organization is always kept under control.

However, and only if necessary, you can make use of Biuwer's online support to contact our team, with whom you can coordinate the steps to regain access to the administrative level of your organization.

3. Trial period

When you register your organization with Biuwer, it usually starts with a free trial period, which can vary in length, depending on the required usage.

During the trial period, a visual warning appears on the screen indicating that you are in the trial period, both for administrator and non-administrator users.

We recommend following the getting started guides and help material available on the Biuwer documentation site at https://docs.biuwer.com, to familiarize yourself with the platform, understand the concepts and use Biuwer properly.

During the trial period you can select at any time the subscription plan that best suits your needs. Use the direct access to the plans page displayed on the screen, available in the administration area. If you subscribe to Biuwer during the trial period you will be able to enjoy the remaining trial period and this will be taken into account when setting the end of the selected subscription period.

If your trial period has ended you will still be able to access Biuwer, but the normal operation will be restricted until you set up a subscription for your Organization, or the trial period is extended. Please contact Biuwer support to arrange for an extension of the trial period if necessary.

4. Subscription

Regular use of Biuwer requires that you set up a subscription for your Organization, for which you must choose at least one plan among those available. Each plan includes a number of limits on the functionalities included and on the use of Biuwer itself, as can be found on the Biuwer website.

You can select the plan that best suits your organization's needs at any time during the trial period. To proceed with your acceptance you will need to complete the billing information, payment method and billing period.

Once a plan is accepted, your organization can continue to use Biuwer normally for the remainder of the trial period. Regular use of a paid plan in Biuwer will begin the day after the end of the trial period.

Biuwer uses a SaaS B2B (Business to Business Software as a Service) subscription model. Therefore, each organization chooses which level of service it wants to use and how often it wants to pay. Biuwer offers monthly or annual subscriptions.

See the prices and benefits of each of the pricing plans on the Biuwer website. The prices shown do not include any taxes that may apply. During the purchase process it is shown if taxes are applicable for your organization, depending mainly on the country of your company in relation to Spain, and the international regulations applicable at any given time.

The duration of the subscription will depend on the billing period chosen and therefore the commitment made to Biuwer, since payment is made in advance. At the end of each period, by default and automatically, your subscription is renewed for the same duration.

In case you do not want to renew the subscription automatically, you can specify it in the administration area, at least seven calendar days before the renewal date. The implication of this is that from the day after the end of the current period, you will no longer be able to use your organization in Biuwer.

On the renewal date, Biuwer automatically generates an order for your organization, which is sent by email to the main contact, with instructions for the payment of the subscription, according to the selected payment method.

Once payment has been made, Biuwer automatically generates an invoice for your organization, which is sent by email to the main contact. Both orders and invoices can also be viewed and downloaded from the Biuwer administration area.

5. Payment terms

By purchasing any of our services and providing Biuwer with your payment information, you agree to these payment terms. You also agree that Biuwer, or its third party payment providers, may store and access your payment information. You also agree to pay the applicable fees for the services you purchase as they become due.

The currencies Biuwer accepts for payments are Euro (EUR, €) and US Dollar (USD, $). Depending on the country indicated in your billing address, Biuwer will automatically choose the currency for you.

Prices may vary depending on your location and the selected payment method. Biuwer reserves the right to apply international currency exchange costs to your transactions.

5.1. Payment methods

You can choose from the following payment methods for your organization, bearing in mind that there are limitations depending on the duration of the subscription and your company's country:

• Credit or Debit Card. Available for all organizations with a monthly subscription.
• Direct debit. Available only for organizations with registered offices in the European Union and with a monthly subscription. Payments are made by SEPA direct debit, subject to agreement between you and Biuwer through a SEPA mandate.
• Bank transfer. Available to all organizations with an annual subscription.

5.2. Credit Card Payments

Credit card payments are processed by our payment processor(s). By agreeing to these Terms of Use, you agree to be bound by the payment processor's Terms as applicable. Any breach of those terms will be treated as a breach of these Terms.

Biuwer only handles the necessary information about your card payment methods, but does not store or have access to the full details of your configured credit or debit cards.

If you have set up a monthly credit or debit card subscription for your organization, you will be automatically charged each month at the beginning of your billing cycle for the amount of your subscription and applicable taxes. If any payment is not successful, or our processors are unable to process your transaction using the credit or debit card information provided, we will try to resolve your case.

Although Biuwer tries to help you manage your credit cards, especially in the event of data errors or card renewals, you are responsible for updating your payment method data to avoid problems with recurring charges. Remember that if you wish to use a different payment method or if there is a change in your payment method, you can visit the administration area in Biuwer to update your information.

6. Cancellation and refund policy

Your active Biuwer organization can be canceled by you or by us in the following cases (an organization is considered active when it has passed the trial period, has a Biuwer subscription plan set up and has no outstanding payments):

1. Cancellation by the user: If it is you who decides to cancel your organization, you may do so for any reason whatsoever, using the functionality enabled for this purpose in the administration area. In this case, you agree to inform us of the cancellation of your organization by e-mail at least 3 calendar days before the automatic renewal of your subscription takes effect.
2. Cancellation by Biuwer: The cancellation of your account by Biuwer may occur for any of the following reasons:
   • If you totally or partially breach these Terms of Use, even if you have been notified of such a fact by Biuwer.
   • If you do not pay for your current subscription by any payment method, even if you have been notified of such a fact by Biuwer.
   • If you provide false, inaccurate, outdated or incomplete information, or if Biuwer has reasons to suspect such information.

Cancellation by Biuwer will be notified to your organization's main contact by e-mail at least 3 days prior to cancellation.

The cancellation of your organization implies the following:

• Denial of access to all services to all users of your organization.
• The deletion of your Organization's contact and administrative information.
• The deletion of all data stored in Biuwer associated with your organization.

Unless otherwise stated and provided that the services provided in Biuwer are in normal operation, all payments made are non-cancellable and non-refundable.

However, you have the right to cancel your organization if Biuwer breaches its obligations under these terms and in such event, you will be entitled to a pro-rata refund of the unused portion of the current paid period.

7. Liability

Regarding the use of Biuwer by you or any other person managed within your organization at Biuwer, neither party shall be liable to these terms for loss of use, loss of revenue or profits (whether anticipated or not), loss of production, loss of savings, commercial loss or loss of reputation, suffered or incurred by any of them by the other party, whether or not contemplated at the date of acceptance of these terms by you. You hereby release and forever discharge Biuwer and any of the natural or legal persons directly or indirectly related to Biuwer in providing its services, from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature and kind whatsoever arising, whether known or unknown.

You, and not Biuwer, shall be solely responsible for the accuracy, quality, completeness, legality, reliability, suitability and intellectual property or right to use all data used in your organization within Biuwer. Nor shall Biuwer be responsible for the deletion, correction, destruction, damage, loss or failure to store any data used by you in your organization.

8. Help and support

Biuwer users can learn more about its functionalities through the product pages available at www.biuwer.com or deepen in the use of the different functionalities of the data platform available at the Biuwer documentation site.

If any of the users of your organization have questions or problems with the use of the functionalities offered in Biuwer, you can contact our technical support service using any of the means we make available, depending in each case on the subscription and the plan you have contracted:

• Interactive chat support. Available for all organizations on weekdays (i.e. excluding Saturdays, Sundays and holidays) from 9 a.m. to 5 p.m. (Madrid, Spain time zone). (Madrid, Spain time zone).
• Support via email.
• Support via telephone.

For Biuwer subscriptions and plans that so specify, the following additional training, help and support resources are available to you and any member of your organization:

• Free onboarding sessions.
• Dedicated account manager.
• Dedicated data engineer.

In any case, Biuwer's technical support service will try to help the user to find a solution as quickly as possible to any question or incident that may arise.

9. Availability of services and limitations

For all available plans, we will use commercially reasonable efforts to make the services available 24 hours a day, 7 days a week, 365 days a year, excluding planned downtime. This means that the services may be stopped or limited for necessary maintenance, including, but not limited to, implementation of new functionality, major fixes, and improvements to the performance and stability of the services. These downtimes are planned periodically and we try to minimize the impact on each organization. They are usually infrequent interventions lasting less than five (5) minutes. In order to minimize the impact, we will endeavor to notify you in advance, through the means provided for this purpose, if we believe that the planned downtime may exceed ten (10) continuous minutes.

The level of availability of the Service is usually very high, in normal situations above 95%. For reference, this means that a total time of interruption of the Services or limitation of its use of up to ten (10) hours per month, will not be considered a serious non-compliance or unavailability of the service, since in that case the level of availability would be close to 99%. The availability of the service is monitored on the status page.

Despite the above service level, organizations that so require may contract an enterprise plan in which, among other customized features, a service level agreement with guaranteed availability is applied. In these cases the following applies:

• Biuwer will use commercially reasonable efforts to ensure that the service is available in accordance with the requirements set forth in the guaranteed availability agreement.
• In the event that the actual availability of the service falls below the guaranteed service availability level specified in the private agreement during any period, we will reimburse you for the portion of the availability level not covered under such private agreement, except where such unavailability is due to an error attributable to you or due to force majeure (including, without limitation, flood, riot, fire, judicial or governmental action, labor disputes or other force majeure), or any other cause beyond Biuwer's control.

Biuwer reserves the right to carry out any type of immediate and unannounced technical intervention, which may affect the services, in extreme cases where stability or security are at risk, in cases of force majeure or by legal requirement.

10. Fair use

The services offered by Biuwer allow its users to share data visualizations created on the platform with third parties, publicly, through the sharing functionality.

This functionality is governed by specific fair use regulations, for which it is necessary to note that any user of your organization:

• May publicly share data visualizations only when the original source has agreed to such general public use. This applies to all open data platforms or public domain data. It also applies to data sources that allow the use of individual works, visualizations and publication, including attribution or other specific guidelines that must be followed.
• You may not publicly share data visualizations that use data from a copyrighted source that has explicitly stated that reuse and republication is not allowed.
• You must not publicly share data visualizations and present data from a source as your own.

We reserve the right to immediately terminate, without notice, the public sharing of content that violates these Terms. However, we will endeavor to communicate with the users involved to clarify the use in specific cases.

Also, if a source detects that data shared publicly using Biuwer violates their copyright, they may contact us by email at this address: legal@biuwer.com

11. Intellectual property

These terms allow you to access and use the subscription services and consulting services offered by Biuwer for as long as you maintain an active subscription, but no software license is granted to you. Biuwer is granted ownership rights to the software, copyrights, logos and domain names of your company.

The subscription services and the consulting services are protected by intellectual property laws, are owned by and proprietary to us or our licensors (if any) and we reserve all ownership rights.

As part of your acceptance of these terms, you also agree that you will not copy, rent, sell, distribute or create, in whole or in part, by any means, derivative works that relate to Biuwer's proprietary content, subscription services or consulting services, except with our express written permission.

We encourage all of our customers to make comments and suggestions for improvement regarding the subscription services or the consulting services, and to send them to us by any means available, in order to improve the subscription services or the consulting services as much as possible. By doing so, you agree that such comments and suggestions will not be kept confidential and that we are entitled to use them in any way Biuwer sees fit.

12. User-generated content

You acknowledge that you are responsible for and have ownership or usage rights in any data, information, profile, message, text, file, image and any other content or material ("User content") that you submit, upload, post or otherwise provide or make available on Biuwer, through the mechanisms provided for such purpose. Such user content may be used in the services offered by Biuwer and is the property of the organization with which the user is associated on Biuwer.

You are responsible for the user content posted on Biuwer by any user of your organization. In this sense, User content is considered your property and it is you who must be responsible for ensuring its truthfulness, validity or accuracy.

13. Terms of Use modification

We reserve the right to change and modify these Terms of Service at any time to reflect the service and feature offerings of the site.

Modifications will be posted on the website at least fifteen (15) days before they become effective to allow users a reasonable time to consider whether you accept the modified Terms of Service.

By continuing to use the services after the modification becomes effective, You agree to be bound by the modified Terms of Service.

If you do not agree to the modified Terms of Service, please discontinue using the site or the services.

If you have any questions or concerns regarding these terms and conditions of use, please contact us at legal@biuwer.com.

These terms are available in several languages, including English and Spanish. However, in the event of any conflict or discrepancy between versions, the Spanish version of the text shall prevail.

Date of last modification: November 20, 2020