1. INTRODUCTION

This contractual document (together with all the documents mentioned in it) establishes the terms governing the use of this website (app.modulards.com) and the purchase of services on it, regardless of the application, digital medium, platform, or device through which it can be accessed. Please read these “General Terms and Conditions of Contract” (hereinafter, the “Terms”), as well as the Legal Notice, Privacy Policy, and Cookie Policy (collectively, the “Data Protection Policies”) carefully before using this Website.

By using this Website or purchasing a Service through it, you agree to be bound by these “Terms” and our “Data Protection Policies.” If you do not agree with them, you should not use this Website. Uniqoders Technologies, S.L. reserves the right to modify these “Terms” as well as the “Data Protection Policies.”

This agreement will be valid from the date you check the box accepting this agreement. Any new features that may be added to the Services will be subject to the “Terms.” Continued use of the Service after any modifications will constitute your acceptance of such modifications. You can always consult the most recent version of the “Terms” here.

Failure to comply with any of the Terms of use may result in the cancellation of your account.

If you have any questions about them, you can contact our Customer Service through any of the following means:

• Phone: (+34) 664 292 075
• Email: [email protected]

2. IDENTIFICATION

The sale of Services through this Website is carried out by Uniqoders Technologies, S.L., with C.I.F.: B-24738965, a Spanish company with its legal address in León, Calle Santos Ovejero, Nº 1 P1-07-08 (C.P.: 24.008), registered in the Commercial Registry of León, volume 1.350, page 172, sheet LE-26436, 1st registration, with phone (+34) 664 292 075 and email [email protected].

3. PRE-CONTRACTUAL INFORMATION AND DECLARATIONS

The contract will be formalized in Spanish, the language in which the “Terms” and “Data Protection Policies” are available on our Website.

As a Customer, before contracting and during the contracting process, you will be able to access, store, and print these “Terms” for your reference. Below we provide you with the document in PDF.

All the information and personal data you provide when using this Website will be processed in accordance with our Privacy Policy.

4. USE OF OUR WEBSITE AND/OR APPLICATION

Modular is an online tool primarily aimed at digital professionals that allows managing multiple WordPress websites and clients from a single application.

This document aims to regulate the contractual relationship between Uniqoders Technologies, S.L. and the Customer. The Customer declares that all the information and personal data provided to Uniqoders Technologies, S.L. is truthful and corresponds to reality.

In any case, by using this Website and placing orders through it, the Customer agrees to:

• Use the Website in accordance with the “Terms of access and use” outlined in the Legal Notice.
• Use the Website only for legitimate queries or orders.
• Not place any false or fraudulent orders. If it can be reasonably assumed that such an order has been made, Uniqoders Technologies, S.L. is authorized to cancel it and inform the relevant authorities.
• Provide a valid email address, postal address, and/or other contact details, which may be used if necessary to contact you regarding any issue related to the order. All of this will be done in accordance with our Privacy Policy.
• Be over 18 years old and have the legal capacity to enter into contracts of financial content.

In the case of legal entities, individuals acting on their behalf and representing them through this Website guarantee to Uniqoders Technologies, S.L. and any third parties involved in the provision of the contracted services that they have sufficient representation for the corresponding legal entity at the time of purchase. They also guarantee that they are not infringing any third-party rights when making the transaction and that the data and information related to the legal entities are truthful, accurate, and reliable. Uniqoders Technologies, S.L. will not be responsible for any damage, loss, or injury to persons and/or property that may result from or be related to this declaration.

5. SERVICE AVAILABILITY

The services offered through this Website and/or application are available for provision worldwide. If you wish to place an order from another country, you are welcome to do so.

Uniqoders Technologies, S.L. will display up-to-date information on the availability of its services on its Website.

TECHNICAL MEANS FOR ERROR CORRECTION

• Registration: If you detect an error when entering your personal information during registration as a user, you can modify it from your profile.
• Payment for Services: Before making payment, you will be able to view the selected Services and order details on our Website/application, allowing you to modify them if necessary.
• If you detect an error after completing the payment process, you must contact Customer Service at (+34) 664 292 075 or via email at [email protected].

HOW TO PLACE AN ORDER

• Before placing an order, you must read and understand the description of the Services as they appear on this Website and/or in the application. In case of doubt, you should contact Uniqoders Technologies, S.L. via email at [email protected] or through the Customer Service phone number: (+34) 664 292 075.
• To use our Services, you must create an Account and meet all the requirements.
• You must check the price indicated for the Services on the Website and any applicable promotions or discount coupons, being able to view and know the final price, including VAT or any applicable tax.
• Once the selection has been made, you will be able to view the selected Services and their final price, after applying discounts, if any.

ACCOUNT CREATION / USER AUTHENTICATION

CREATING AN ACCOUNT:

If the user does not have an account on Modular, they must create one. To do this:

• You must register with your email by providing your first name, last name, and email address, or
• Continue with Google.

REGISTERED USER:

If you are a registered user, you just need to enter your email and password or access with your Google account.

The user is responsible for providing truthful information. Uniqoders Technologies, S.L. reserves the right to delete any account if there are suspicions about its veracity or if it may violate any usage rules.

Likewise, the user is responsible for maintaining the privacy of their account. Uniqoders Technologies, S.L. is not responsible for any damage or loss that may result from a user’s failure to protect their login information.

SELECTING A PAYMENT PLAN

The user must browse the Modular application and select the plan they wish to purchase.

Once their account has been created and they are using the free plan, if the user wants to upgrade to a paid plan to improve or expand the features they have access to, they can do so from within the application via various links found on each screen or from the “Plan and Billing” section.

Uniqoders Technologies, S.L. offers several payment plans so that the Customer can choose the one that best suits their needs. If the Customer exceeds any limits of their payment plan, they will need to upgrade to a higher plan.

Payment plans can be paid monthly or annually. The user can also switch from monthly to annual payment, and a discount will be applied for the remaining days of service already paid for in the current billing period that will not be used. From that moment, the renewal date will change to that day of that month.

A user with a paid plan can upgrade to a higher plan at any time. This applies whether the Customer has a monthly plan or has contracted an annual plan. To do so, the Customer will have to pay the prorated difference for the higher plan. We recommend that if you have any questions, contact our Customer Service to handle your request directly.

Regarding plan cancellation, the Customer can cancel the automatic renewal at any time. Once canceled, they will continue to have the features and benefits of the paid plan until the end of the period (monthly or yearly) for which it was contracted. Therefore, there will be no refund for the remaining contract time.

Uniqoders Technologies, S.L. reserves the right to make changes to payment plans at any time for any legal or contractual reasons, for security reasons, to improve features, etc. If we make any modifications, we will inform you of this in due course and will remind you of your rights in this regard. You may choose not to accept such modifications, retaining your right to cancel your subscription at any time.

In any case, regardless of any changes to the Terms, no price increase will apply until the current subscription period has ended.

7.3. PAYMENT METHODS AND TERMS

A. PAYMENT TERMS:

The prices of the Services offered on the Website do not include VAT. Applicable taxes will be current at any time and will be applied based on current legislation. The Customer can verify these amounts before finalizing the payment.

The prices include any applicable promotions (if any).

Once the user has selected the payment plan they wish to purchase, it will be added to their shopping cart, and the next step will be to complete the information and make the payment. To do so, the user only has to follow all the steps indicated during the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order.

Once your order is confirmed, you will receive an email within a maximum of 24 hours from receipt of acceptance, acknowledging receipt of your order. If you detect an error after completing the payment process, you must contact our Customer Service at (+34) 664 292 075 or via email at [email protected].

In addition, if the Customer is a “registered user,” they will have access to a detailed record of all orders placed in the “My Account” section.

The Customer is responsible for any purchase made, and therefore, for evaluating all the features. In no case will custom developments be made, and any information regarding new features is merely informative and will not have any contractual linkage.

Once a paid plan is contracted, it will automatically renew on the renewal date until the user deletes the account, resulting in termination.

The Service will be charged for each period in advance and is non-refundable (there will be no refunds for partial months of the Service, nor if the Customer does not use the Service during the time the plan is valid). No exceptions will be made, except as provided in the Section 9. Refund Policy.

In the event of non-payment or returned payment, the user will be notified of this circumstance and will have a maximum period of thirty (30) days to add a new valid payment method. If this is not done, they will be switched to the free plan, with the corresponding loss of information and functionality.

The data will be deleted within 30 days from the date of non-compliance if the Customer does not re-subscribe to the paid plan.

B. PAYMENT METHODS:

The payment method used is the Stripe Platform. You can view its Privacy Policy and Terms of Service at the following link: https://stripe.com/es/privacy.

When a bank card is not accepted by the bank, the order will be automatically canceled, and you may place the order again with a different card.

7.4 DELIVERY TIMES FOR CONTRACTED SERVICES:

The contract for a ModularDS paid plan begins when the user accepts the “Terms,” enters their card details, and makes an initial payment.

Unless there are unforeseen or extraordinary circumstances, the contracted Service will be available instantly.

8. VALUE ADDED TAX AND INVOICING

The applicable VAT rate will be the one legally in force at any time, depending on the specific Service involved.

The Customer will receive their invoice in digital format and can also download it from the “My Account” section.

9. REFUND POLICY

LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE (RIGHT OF WITHDRAWAL)

If the Customer is contracting as a consumer or user, they will have a period of 14 calendar days from the day of the contract to exercise their right of withdrawal, partially or fully, without the need for justification. However, this right will not apply when the execution has begun and the following circumstances are met:

• The consumer or user has given prior consent to begin execution during the withdrawal period.
• The consumer or user has expressed their understanding that, consequently, they lose their right of withdrawal; and
• Uniqoders Technologies, S.L. has provided valid information in accordance with the Law.

STEPS TO FOLLOW:

Contact us to provide all the information about the contracted Service through the email [email protected] and send us the Withdrawal Form, which you can find here.

WHAT WE WILL DO:

If this right applies, we will refund the amount paid within a maximum of 14 calendar days from the date we are informed of the withdrawal. The refund will always be made using the same payment method employed by the Customer in the initial transaction. No fees will be incurred as a result of the refund.

10. COMPLAINTS AND CLAIMS

If the Customer wishes to file a complaint or claim, they must contact our Customer Service through any of the following means:

• Postal address: Calle Santos Ovejero, Nº 1 P1-07-08 (C.P.: 24.008) León.
• Phone: (+34) 664 292 075
• Email: [email protected]

Uniqoders Technologies, S.L. will respond to the Customer’s complaint or claim as soon as possible and, in any case, within a maximum of one month from the submission of the claim.

11. WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send you must be in writing. By using this Website, the Customer agrees that most of these communications with us will be electronic. We will contact you by email or provide information by posting notices on our Website. For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send to you electronically comply with the legal requirement of being in writing. This condition does not affect your rights as recognized by law.

NOTIFICATIONS

Notifications you send us should preferably be sent by email. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications to the email or postal address provided by you when contracting a Service.

It will be understood that notifications have been received and have been properly made at the time they are posted on our Website, 24 hours after an email has been sent, or three days after the date of postage of any letter.

To prove that the notification has been made, it will be sufficient, in the case of a letter, to prove that it was correctly addressed, properly stamped, and duly delivered to the post office or mailbox, and, in the case of an email, that it was sent to the recipient’s specified email address.

12. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both the Customer and Uniqoders Technologies, S.L., as well as on our respective successors, assigns, and transferees. The Customer may not transfer, assign, charge, or otherwise transfer a contract or any of the rights or obligations derived from it without our prior written consent.

We may transfer, assign, charge, subcontract, or otherwise transfer a contract or any of the rights or obligations derived from it at any time during its validity. For the avoidance of doubt, such transfers, assignments, charges, or other transfers will not affect the rights that, as a consumer, the Customer may have under the law, nor will they cancel, reduce, or limit in any way the express or implied warranties that we may have provided.

13. WAIVER

Failure by Uniqoders Technologies, S.L. to demand strict compliance by the Customer with any of the obligations assumed by the Customer under a contract or these Terms or failure by Uniqoders Technologies, S.L. to exercise the rights or actions that may correspond to it under said contract or the Terms will not constitute a waiver or limitation of such rights or actions nor will it exempt the Customer from complying with such obligations.

No waiver by Uniqoders Technologies, S.L. of a specific right or action will constitute a waiver of other rights or actions arising from a contract or the Terms.

No waiver by Uniqoders Technologies, S.L. of any of these Terms or of the rights or actions arising from a contract will be effective unless expressly stated as a waiver and formalized and communicated to the Customer in writing.

14. PARTIAL NULLITY

If any of these Terms or any provision of a contract is declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in effect, without being affected by such nullity declaration.

15. COMPLETE AGREEMENT

16. OUR RIGHT TO MODIFY THESE TERMS

Uniqoders Technologies, S.L. reserves the right to modify these Terms. We will keep you informed of any significant changes. Any modifications made will not be retroactive and, except in certain specific cases, will be applicable 30 days after the date of their publication in the relevant notice.

If the Customer disagrees with the changes made, we recommend that they refrain from using our Website.

17. APPLICABLE LAW AND JURISDICTION

The use of our Website and contracts for the purchase of products through it will be governed by Spanish law. Uniqoders Technologies, S.L. and the Customer agree to submit any disputes arising from the provision of the products or services subject to these Terms to the corresponding Courts and Tribunals according to the user’s domicile.

 

Date: 05-06-2024