Legal Notice
Kapturall Solutions, SL (hereinafter the Owner), with Tax Identification Number (NIF) B95733358 and registered office at C/ Marqués de Zuya, 32, 48993, Getxo, Vizcaya (Spain), registered in the Bizkaia Mercantile Registry in Volume 5393, Page 188, 1st Entry on Sheet BI-62824, is the owner of the website accessible via the URL https://www.cloudchampion.ch (hereinafter Cloud Champion or Website).
If you have any inquiries, questions or suggestions regarding Cloud Champion, please contact us via the following email address: daniel@cloudchampion.ch , or call us at the following telephone number: (+34) 919 034 056.
The following license governs access to, browsing on, and use of Cloud Champion.
license to use
1. Parties
This License is signed, on the one hand, by Kapturall Solutions, SL, with Tax Identification Number (NIF) B95733358 and registered office at CC/ Marqués de Zuya, 32, 48993, Getxo, Vizcaya (Spain) (hereinafter the Owner or Kapturall), owner of the website https://www.cloudchampion.ch and all intellectual property rights to the software offered therein (hereinafter “Cloud Champion” or Website), which is the subject of this License.
On the other hand, the Licensee, which is defined as any natural or legal person who, in the exercise of a trade, profession, or business activity, follows all the steps required to sign this Cloud Champion User License. In accordance with the definition in Article 3 of the LGDCU (Spanish General Law on Consumers and Users), the “Licensee” shall in no case be considered a consumer or user.
2. Subject of the website
The subject of this License is the regulation of the non-exclusive transfer under which the Licensee is authorized by Kapturall to use the Cloud Champion computer program or software, as well as the contractual terms and conditions governing such use.
Cloud Champion grants the Licensee access to a training, management, and support platform to further develop cloud-related business activities as a Microsoft partner. Access to and browsing the website are free of charge.
This management platform enables the Licensee to include information in Cloud Champion regarding third parties, whether legal entities or not, customers or potential customers of the Licensee in connection with the sale of Microsoft services or products.
In order to enable the execution of this Agreement and ensure the proper provision of the Service by the Owner, the Owner must communicate the information provided by the Licensee to Microsoft and, where appropriate, to the wholesalers or retailers who are collaborating with Kapturall at that time (which are currently: INGRAM MICRO GmbH, TD SYNNEX GmbH).
The Licensee may use Cloud Champion online free of charge, either by themselves, through their authorized representatives, or through their employees. To do so, the Licensee must complete the registration form provided on the website and accept Cloud Champion’s license and privacy policy.
Following all the steps required for signing the License and requesting it is understood that the Licensee fully and unconditionally accepts all the terms and conditions published by Kapturall both in the License and on the Website under the Special Conditions section.
3. Obligations of the Licensee
The mere browsing and access to the website by the Licensee gives rise to certain obligations:
- To use the Website and the services contained therein in accordance with this License, applicable laws (particularly in the areas of intellectual and industrial property and data protection) and in compliance with morality, generally accepted good customs and public order.
- To use Cloud Champion conscientiously, correctly and lawfully.
- In any case, please read this License of Use and any other License in case of changes.
- If necessary, read the notifications we send to the address you have provided, as these may contain relevant information.
- To respect the owner and not to infringe under any circumstances the rights or interests of the owner or the rights or interests of third parties, for example intellectual or industrial property rights (patents, trademarks, trade secrets, copyright, etc.).
- Refrain from using the Website to collect information and content to perform actions or provide services that, in the Owner’s opinion, constitute clear competition.
- Refrain from introducing, by any means, viruses, worms, Trojan horses, or other types of malicious code with the intent to disrupt, destroy, or limit the functionality of Cloud Champion.
- Not to reverse engineer, decompile, decrypt, or use any other system to discover the source code of the Website or any other element subject to the underlying intellectual property rights.
- Refrain from making any changes or attempting to make any changes to Cloud Champion in any way.
- Damage, disable, overburden, or impair the Service or the network(s) connected to it, or interfere with or hamper any other user’s use of the Service.
- Under no circumstances shall you perform any action or use any means intended to simulate the appearance or functionality of Cloud Champion, regardless of the purpose for which such action is performed.
- To accept that the use of the Services is under your sole responsibility and that the Services are intended for professionals who will use, under their own responsibility, the Software that is the subject of this Agreement.
4. Special conditions for registration and the license of use
4.1 The designation of the parties
These special conditions for registration are signed, on the one hand, by the holder.
On the other hand, by the legally established company or entrepreneur that completes the registration process and accepts these terms and conditions (the licensee). In the case of a company, the natural person registering (hereinafter referred to as the authorized representative) does so in the name and on behalf of the licensee and declares that they have the appropriate authorization from the company to complete this registration. The authorized representative must have the necessary authorizations. In any case, the company will be considered the license for all purposes.
4.2 Acceptance
This License is deemed accepted by the Licensee upon clicking the appropriate registration box during registration on the Website. The authorized representative’s actions bind the Company in its capacity as Licensee.
4.3 Registration
To complete the registration, the authorized representative must complete and submit the corresponding form after accepting the Privacy Policy and the License Agreement. This involves providing certain information about themselves and the company they represent. The owner will then receive a confirmation email to the provided email address to confirm that the address is correct. Once the email address is verified, the licensee’s Cloud Champion subscription will be activated. The owner will provide the authorized representative with an access password, which the owner must duly save.
By completing the relevant registration form, both the authorized representative and the licensee undertake to:
- Not to register using false or inaccurate information or to pretend to be someone else.
- To have the company’s authorization to complete the registration.
- Not to market, sell, or transfer the account to third parties.
- To use only the account registered in your name.
- Not to use third-party accounts unless explicit consent has been given.
- To be responsible for all actions performed through their account and to keep the account up to date at all times.
- To attempt to keep the data and passwords provided confidential to an appropriate extent, as they will be held liable for any damages that may result from a breach of confidentiality.
- To be responsible for any damages suffered by third parties as a result of a breach of these or any other applicable conditions.
The authorized representative may change his/her account details at any time through the settings options of his/her account on the website in the “My Account” / “My Profile” section by following the instructions provided on the website (“ Change the desired information and then click the Update button” ).
5. Term
In any case, the license term is determined for the duration of the Cloud Champion service’s availability. This means that the license is valid until Kapturall, at its sole discretion, discontinues the Cloud Champion service as a free service. However, several notices will be given before the service is discontinued to allow the licensee to delete their data.
Likewise, the Licensee may terminate his subscription to the Service at any time, in which case the term of the license will depend on the Licensee’s commitment to continued existence.
6. Information provided
In accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Kapturall is not responsible for the data stored by the Licensee in its systems as a result of the use of the License, without prejudice to the provisions of the Website’s Privacy Policy.
The Owner provides Cloud Champion, a tool through which the Licensee can enter information about their own business and third parties to ensure the provision of software management services. The Owner reserves the right to transfer this information to Microsoft and to wholesalers and/or retailers working with the Owner (currently: INGRAM MICRO GmbH, TD SYNNEX GmbH).
Notwithstanding the foregoing, Kapturall may retain such data, which may give rise to responsibilities in its relationship with the Licensee, by implementing appropriate blocking measures.
7. Availability of the website
The owner strives to improve and expand Cloud Champion, its content, and the services offered therein. However, the website is presented in its current state, subject to availability, restrictions, and other circumstances.
8. Links and third-party websites
Cloud Champion may contain links to third-party websites. Under no circumstances will the owner be responsible for the functionality or content of these websites, or for any damages or consequences resulting from accessing them.
The Licensee or Agent who accesses a link published on the Website does so at their own risk and accepts that the links are owned by third parties and do not belong to Cloud Champion or the Owner, who therefore cannot guarantee the absence of computer threats, malware or viruses, or that they contain illegal content or other links that may lead to Internet sites that have one or more of the characteristics mentioned above.
The Owner neither reviews nor approves any feature, content, advertising or other content on third-party websites.
9. Disclaimer
The website is provided to Internet users, and its services and features are presented at all times “as is” and “as available.” To the extent permitted by law, neither the owner nor its suppliers are liable for lost profits and/or damages resulting from any problems that may arise.
The Owner works to protect the system and content from attacks or loss, and attempts to apply the security standards commonly used on the Internet, even in situations beyond its control. Therefore, it cannot guarantee the absence of viruses or harmful elements in Cloud Champion that could cause alterations or failures to the Licensee’s computer system (both software and hardware) or the files stored therein.
The owner assumes no liability to any person or entity for any damages alleged to have been caused directly or indirectly by the use of or inability to use the software, including work interruption, loss of data, economic loss, or threatened loss of profits resulting from the use of the software. Likewise, Kapturall is not liable for any warranty or representation made by third parties without prior written consent.
The Owner shall not be liable for any breach by the Licensee of any obligations or duties under this License or any other applicable laws or regulations.
The Owner expressly reserves the right to modify or delete the Website and/or any content contained therein, whether its own or that of third parties, at any time, including this License, and the Licensee is therefore advised to periodically review this or any other applicable documents in case any changes have been made.
The owner assumes no liability for the content provided by its suppliers with regard to the publication of offers.
10. Intellectual and industrial property rights
All intellectual and industrial property rights to Cloud Champion, as well as the content contained therein (including graphic design and code), belong to the owner. However, there may be third-party content for which the owner has not obtained the necessary permissions and/or licenses for its use, as well as the associated trademarks and logos.
The contents of this website, including design, text, images and source code, are protected by intellectual and industrial property rights and may not be reproduced, circulated, published or transmitted, nor even the source is indicated, without the prior written authorization of the owner or the legitimate holder of the exclusive rights to the contents.
11. Indemnification
Failure to comply with the provisions of these Terms may result in damages to the Owner. In such event, the Licensee who fails to comply with any of the provisions contained herein shall indemnify the Owner for any resulting damages, losses, or costs (including legal fees).
Should any claim or proceeding of any kind arise against the Owner due to the Licensee’s failure to comply with any provisions, the Licensee shall indemnify the Owner, and the Owner may claim all expenses, costs or damages resulting from its actions.
12. Miscellaneous
12.1. Preservation and Interpretation
These General Terms and Conditions of Use constitute an agreement between the Licensee and the Owner.
If the competent authority declares any of these provisions to be illegal, invalid, or unenforceable, this means that it shall be interpreted in a manner that most closely reflects the original intent of that provision. In any event, the validity of the remaining provisions shall remain unaffected by such a declaration regarding one or more clauses.
The waiver by the Owner of any requirement to perform any provision of these Terms shall not be construed as a waiver of any such requirement in the future.
12.2. Language
The applicable language of these Terms and Conditions is Spanish. Any versions provided in other languages are provided purely as a courtesy and for the convenience of the user. In case of any discrepancy, the Spanish version shall prevail. Read more here.
12.3. Applicable law and place of jurisdiction
The relationship between the Owner and the Licensee is governed by Spanish law. Any disputes or conflicts arising from this license will be resolved by the courts of Madrid.