Terms and Conditions

Definitions

Database: Database owned by ATLAS TECNOLOGICO PLATAFORMA S.L. accessible online through the website www.atlastecnologico.com in accordance with the provisions of these general subscription conditions.

Content: Set of information, data, and materials, both proprietary and from third parties, included and accessible through the website, the platform, and the database.

ATLAS TECNOLOGICO PLATAFORMA, S.L.: in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, you are informed that the identification data of the owner of this website are as follows:

• Registered office: Valencia, calle Universidad 4, C.P. 46002
• Trade name: ATLAS TECNOLÓGICO
• N.I.F.: B-01711738

Website: The website of ATLAS TECNOLOGICO PLATAFORMA, S.L., hosted under the domain www.atlastecnologico.es which allows online access to the platform and the database, as well as to the related services offered by ATLAS TECNOLOGICO PLATAFORMA, S.L.

Platform: Digital tool owned by ATLAS TECNOLOGICO PLATAFORMA, S.L., with the trade name “ATLAS TECNOLÓGICO” -registered trademark-, through which access is allowed to the content of the database and to the other functionalities and related services offered by ATLAS TECNOLOGICO PLATAFORMA, S.L.

User: Any natural or legal person who browses the website of ATLAS TECNOLOGICO PLATAFORMA, S.L. or uses the database of ATLAS TECNOLOGICO PLATAFORMA, S.L. or any of its related services accessible through the website and the platform, either free of charge or in accordance with the terms corresponding to the modality of service contracted in the specific case.

1. Introduction and Services Provided

ATLAS TECNOLOGICO PLATAFORMA, S.L., registered in the commercial registry with NIF B-01711738 (hereinafter, “ATLAS TECNOLOGICO PLATAFORMA”) is the owner company and responsible for the management of the website and platform ATLAS TECNOLÓGICO.

ATLAS TECNOLÓGICO is a platform accessible via the internet by accessing the website www.atlastecnologico.com. Both the website and the platform are the property of ATLAS TECNOLOGICO PLATAFORMA.

The ATLAS TECNOLÓGICO platform is a digital tool that hosts and provides information about the companies and third parties that are part of its database. The database allows the communication of data and information about companies and third parties that are collected and organized using a method designed by ATLAS TECNOLOGICO PLATAFORMA, in addition to other complementary and related services.

The information service of ATLAS TECNOLÓGICO, which is accessed through the 'Capability Finder' section, acts as the platform's search engine. The ATLAS TECNOLÓGICO information service collects information, materials, data, and services supplied by third parties and allows users to access them.

The systematization of the companies and third parties listed in the ATLAS TECNOLÓGICO database has been developed by ATLAS TECNOLOGICO PLATAFORMA through its own ordering method. This ordering method is the exclusive property of ATLAS TECNOLOGICO PLATAFORMA.

In addition to its information and search service, the website allows users the option to subscribe to other services, including the Premium account service, which allows unrestricted access to all content, data, and information in the database, as well as the contracting of related services, such as advisory services or the rating service.

ATLAS TECNOLÓGICO also allows users to access its advertising and visibility services. ATLAS TECNOLOGICO PLATAFORMA markets its advertising space within its own website in its own name. For more details on visibility and advertising services, you can contact [email protected]

2. Object

These general conditions, together with the applicable current legislation, regulate the access, navigation, and registration on the website, as well as the use of the database and other related services offered through the ATLAS TECNOLÓGICO platform under the terms established herein.

The acquisition of any of the services, activities, or products implies the full and unreserved acceptance of each and every one of the General Conditions set out here, without prejudice to the acceptance of any particular conditions that may apply when acquiring certain services, activities, or products from ATLAS TECNOLÓGICO.

These general conditions also regulate the downloading and use of any information, text, images, or other Content that the user may access through the website and the platform.

These General Conditions may be modified by ATLAS TECNOLOGICO PLATAFORMA without prior notice; therefore, it is advisable to read their content carefully before proceeding to acquire any of the services, activities, or products offered on the ATLAS TECNOLÓGICO platform.

3. Acceptance

By accessing or using the website and the platform, any natural or legal person acquires the status of User. Access to and use of the website and the platform by the user is done freely and exclusively under their own responsibility, and implies that they have read, understood, and expressly agree to comply without reservation with these General Conditions in the version published at any given time.

In the event that the user uses Services that require registration, they will become a registered user (hereinafter, 'Registered User'), with the interested party creating a username and password, which will identify and personally enable them to have access and, likewise, implies the acceptance of the particular conditions that may replace, complete, and/or modify these General Conditions in each case.

The nature of the relationship between ATLAS TECNOLOGICO PLATAFORMA and each user shall be governed by these General Conditions, as well as, in the event that the user has subscribed to the 'Premium Account' service, by the applicable general subscription conditions, and by the other particular conditions that may apply depending on the service contracted between the user and ATLAS TECNOLOGICO PLATAFORMA. In case of discrepancy between the provisions of the general conditions and the particular conditions applicable to each specific service, the particular conditions shall prevail over the general ones.

ATLAS TECNOLOGICO PLATAFORMA reserves the right to decide, at any time, the services, activities, and/or products offered to users. Thus, it may, at any time, add new services, activities, or products to those currently offered, and also reserves the right to withdraw or cease to offer, at any time and without prior notice, any of them.

4. Access

Any third party can consult the website as a visitor without prior registration; this access will allow limited consultation of the database, with users having access to the content about companies published and available at the time of the user's access to the website and the platform. Unrestricted access to the database will be possible if the user subscribes to the 'Premium Account' service.

Access to the 'Premium Account' Service is by subscription; the user must follow all instructions indicated in the purchase process, which will entail reading and expressly accepting these General Conditions, as well as any other particular conditions that may apply.

Access to the advisory services 'Rumbo advisory project' and 'Sherpa advisory project', as well as the 'Atlas Rating' qualification service, is done by contracting through the link.

To make any purchase of the services, activities, or products offered on ATLAS TECNOLÓGICO, a minimum age of 18 is required, or, if applicable, sufficient legal capacity to contract and be registered. Once registered, the user may acquire, after payment, if applicable, the offered service, activity, and/or product. For these purposes, a receipt with the offered service, activity, and/or product will be sent to the provided email address. It is also recommended that the client print and/or save a copy of the sales conditions on a durable medium when placing their order, as well as the purchase receipt received.

ATLAS TECNOLOGICO PLATAFORMA will provide its website and platform with all the means and applications within its reach and that are reasonable to ensure proper functioning and guarantee access to all its services.

The database and its related services will generally be accessible for use 24 hours a day, 7 days a week. Occasionally, due to maintenance tasks or the need to resolve any technical problem that could compromise the normal functioning of the website or the platform, as well as due to any update or modification of the services, the website, the database, or any of the related services included in the platform may not be accessible to the user. ATLAS TECNOLOGICO PLATAFORMA reserves the right to temporarily restrict access to any of its services, sections, or functionalities within the website and the platform.

ATLAS TECNOLOGICO PLATAFORMA is not responsible for service and/or technical problems that may be caused by the internet connections of users, clients, and/or providers. Both parties will be responsible for having the appropriate and relevant means for the effective provision of the services, activities, and/or products. Likewise, it does not guarantee or ensure that the use of our services, activities, and/or products will be uninterrupted, timely, secure, or error-free.

5. Limitation or suspension of access

ATLAS TECNOLOGICO PLATAFORMA reserves the right to suspend or limit access to the database or the platform in case of improper use of these or any of the information and related services accessible through the website and the platform.

ATLAS TECNOLOGICO PLATAFORMA also reserves the right to suspend or limit access to the database or the platform in case of non-compliance with these general conditions of use, as well as in case of non-compliance with the particular subscription conditions that may apply to the user.

6. Industrial and intellectual property

The data and information contained on the website and in the database of ATLAS TECNOLOGICO PLATAFORMA, together with the intellectual property rights, trademarks, logos, and other industrial property rights over the services offered and related to the ATLAS TECNOLÓGICO platform, are the exclusive property of ATLAS TECNOLOGICO PLATAFORMA and, where applicable, with respect to content provided to ATLAS TECNOLOGICO PLATAFORMA by third parties, will be the property of those third parties who have provided it.

The ATLAS TECNOLÓGICO brand and logo are registered elements owned by ATLAS TECNOLOGICO PLATAFORMA, S.L., which under no circumstances may be used or reproduced without express written authorization from its owner. No right is granted to delete, manipulate, or alter in any way the copyright and other identifying data of the rights reserved by ATLAS TECNOLOGICO PLATAFORMA. In particular, no right, title, interest, or license is granted with respect to any name, figurative or mixed mark, logo, trade dress, design, or other brand.

The General Conditions in no case include any authorization, faculty, permission, or right to create derivative works, as well as to reproduce, copy, make available, or in any other way publicly communicate the services, products, brands, Content, or to transform or modify them, except with the express written authorization of ATLAS TECNOLOGICO PLATAFORMA.

The user may not modify or remove the intellectual or industrial property symbols or other distinctive signs taken from the visual identity of ATLAS TECNOLOGICO PLATAFORMA, or from the website or the platform.

The reproduction, modification, or distribution of all or any element of the ATLAS TECNOLOGICO PLATAFORMA website and platform, by any means and in any format, is prohibited, unless there is express authorization from ATLAS TECNOLOGICO PLATAFORMA.

The user's access to the information provided by ATLAS TECNOLOGICO PLATAFORMA through its database and platform does not, under any circumstances, constitute the transfer of any other rights derived from their intellectual or industrial property.

The data and information contained in the database of ATLAS TECNOLOGICO PLATAFORMA, owned by ATLAS TECNOLOGICO PLATAFORMA, along with the presentation of said data and information, as well as the method of systematization of this data and information, are the property of ATLAS TECNOLOGICO PLATAFORMA, are protected by European intellectual property regulations, as well as by Royal Legislative Decree 1/1996, of April 12, on Intellectual Property, and Law 5/1998, of March 6, on the Legal Protection of Databases, and their reproduction, copying, or dissemination is prohibited without the prior consent of ATLAS TECNOLOGICO PLATAFORMA.

7. Publication of content on the platform

For the user to be able to offer their service and include content related to said service and/or their organization or company on the platform, thus appearing in its search engine, they must register on the platform. By doing so, the registered user guarantees that all data entered on the website and the platform are true, accurate, and up-to-date.

ATLAS TECNOLOGICO PLATAFORMA undertakes to verify the truthfulness and accuracy of the content provided by the user and entered on the platform. However, ATLAS TECNOLOGICO PLATAFORMA cannot fully guarantee the veracity of the content.

The registered user undertakes to keep the content updated at all times, and must inform ATLAS TECNOLOGICO PLATAFORMA, S.L. as quickly as possible in the event that any data or information is outdated or inaccurate.

The registered user acknowledges having sufficient legal capacity to authorize the publication of content on the platform, or, failing that, acknowledges being duly authorized by the owner for its publication, and will be solely responsible for the veracity of the published data, thus being exclusively liable for any responsibility or damage that may arise in this regard.

ATLAS TECNOLOGICO PLATAFORMA has no more responsibility than that described in these General Conditions and in the applicable regulations. The price and other information included on the platform in relation to the services and products offered by the various companies and registered users do not constitute a commercial offer by ATLAS TECNOLOGICO PLATAFORMA.

To include and publish content on the platform, the registered user must follow the steps described in this link. Once the content publication process is complete, it will be necessary to validate the contact details provided by the registered user and published on the website and the platform. The registered user will receive a communication indicating the steps to follow to carry out the validation and another confirmation communication if the process is completed successfully.

8. Content published by the user

The content that the user includes on the website and the platform must respect the image rights and intellectual and industrial property rights that the user may have over them.

Those users who decide to participate in the services, activities, and/or products of the Platform will be responsible for their behavior and must avoid making inappropriate comments and/or behaviors towards the Platform itself, the providers, or other users.

By disseminating or publishing information, non-personal data, photographs, or any other material on the platform, the user expressly authorizes ATLAS TECNOLOGICO PLATAFORMA to use, disseminate, or publish them. This authorization is granted with worldwide extension and effect, for the maximum protection period permitted by law and with the possibility of transmitting said authorization to associated companies and third parties.

In particular, the following is authorized:

• To use the information, data, and materials included on the website and the platform for promotional purposes, conducting studies, statistical reports, evaluations, etc. Said information, data, and materials may be used for the referred purposes by ATLAS TECNOLOGICO PLATAFORMA, even after they have been removed from the website and the platform.
• The distribution, reproduction, transformation, and public communication of that material.
• The inclusion by ATLAS TECNOLOGICO PLATAFORMA of said information in advisory processes or services to third parties.

9. Contracting derived from advisory processes

In the event that, as a consequence of the use by ATLAS TECNOLOGICO PLATAFORMA of the registered user's content, published and disseminated on the website and the platform, in advisory services to a third party requesting the service, a contract is concluded between the latter and the registered service provider user, both the registered service provider user and the third party requesting the service acknowledge through these General Conditions that a remuneration will correspond to ATLAS TECNOLOGICO PLATAFORMA as a service commission, provided that the contracting by the third party requesting the service results in an economic consideration in favor of the registered service provider user, as well as for those services that may be provided successively over time.

Users are obliged to request in writing and in advance from ATLAS TECNOLOGICO PLATAFORMA its consent before establishing any communication, order, commercial or sales relationship with any third-party claimant or service provider (as well as with any company linked to the former).

The amount of the service commission that will correspond to ATLAS TECNOLOGICO PLATAFORMA will be determined based on the amount of the billing obtained by the registered service provider user as a result of the conclusion of the contract.

According to Table 1, commissions and conditions for Premium and free service provider users, the amount is differentiated for service provider users with a free user account, compared to users with a Premium account.

In the event that the billing obtained by the registered service provider user is less than five thousand (5,000) euros, the service commission will be 10% of the total amount invoiced, with a maximum commission limit of three hundred and fifty (350) euros; the condition for these terms to take effect is that the service provider user must have a minimum seniority of one month as a Premium User. In the event that the billing obtained by the registered service provider user is less than five thousand (5,000) euros, the service commission for service provider users with a free account will be four hundred and fifty (450) euros. In the event that the billing obtained by the registered service provider user is within the range from five thousand (5,000) euros to twenty thousand (20,000) euros, the service commission for service provider users with a Premium account will be 7% of the total amount invoiced, with a maximum commission limit of one thousand two hundred (1,200) euros; the condition for these terms to take effect is that the service provider user must have a minimum seniority of two months as a Premium User. In the event that the billing obtained by the registered service provider user is within the range from five thousand (5,000) euros to twenty thousand (20,000) euros, the service commission for service provider users with a free account will be 10% of the total amount invoiced. In the event that the billing obtained by the registered service provider user is within the range from twenty thousand (20,000) euros to one hundred thousand (100,000) euros, the service commission for service provider users with a Premium account will be 5% of the total amount invoiced, with a maximum commission limit of three thousand (3,000) euros; the condition for these terms to take effect is that the service provider user must have a minimum seniority of three months as a Premium User. In the event that the billing obtained by the registered service provider user is within the range from twenty thousand (20,000) euros to one hundred thousand (100,000) euros, the service commission for service provider users with a free account will be 7% of the total amount invoiced. In the event that the billing obtained by the registered service provider user is greater than one hundred thousand (100,000) euros, the service commission for service provider users with a Premium account will be 3% of the total amount invoiced; the condition for these terms to take effect is that the service provider user must have a minimum seniority of three months as a Premium User. In the event that the billing obtained by the registered service provider user is greater than one hundred thousand (100,000) euros, the service commission for service provider users with a free account will be 5% of the total amount invoiced.

Table 1: Commissions and conditions for Premium and free service provider users

ATLAS TECNOLOGICO PLATAFORMA will be entitled to receive the service commission from the moment the contract or future successive contracts are perfected between the third-party service requester and the registered service provider user, which gives rise to the economic consideration in favor of the registered service provider user, with the users accepting, in all their terms, the collected commission.

Both the registered service provider user and the third-party service requester are obliged to communicate to FORM INSIGHTS the terms of the agreement reached between them, as well as to provide a signed copy of it, so that FORM INSIGHTS can calculate and demand the corresponding service commission in accordance with the previous Table 1.

The communication referred to in the previous paragraph will take place, in any case, within five (5) days following the perfection of the contract.

Failure to comply with the obligations set forth in this clause will result in the payment by each of the non-complying users of compensation of 2,500 euros, as a penalty clause, without prejudice to the compensation for damages that may correspond to ATLAS TECNOLOGICO PLATAFORMA.

10. Contracting with third parties through the platform

The user acknowledges and agrees that any contractual or extra-contractual relationship formalized with any advertiser on the Platform, User, Registered User, or third party through the website, the platform, or its related services, will be carried out solely and exclusively between the user and that third party. ATLAS TECNOLOGICO PLATAFORMA will not be a party to, nor assume any responsibility for, any damages or losses that may arise from that relationship.

11. Quality of content

ATLAS TECNOLOGICO PLATAFORMA guarantees the quality of the content provided to users on the platform. To ensure the quality of its services, ATLAS TECNOLOGICO PLATAFORMA undertakes to adopt appropriate measures to secure it. As part of these measures, ATLAS TECNOLOGICO PLATAFORMA establishes direct contact with the companies that are part of its website, database, and platform, carrying out a rigorous quality control process regarding the data collected from the companies.

ATLAS TECNOLOGICO PLATAFORMA has an internal policy and a code of procedure that governs the collection of information and data from companies, focused on guaranteeing their quality, reliability, and updating.

The collection of information and its communication to third parties is governed by respect for the duty of confidentiality. ATLAS TECNOLOGICO PLATAFORMA places great value on the professional secrecy to which certain information is subject, and both ATLAS TECNOLOGICO PLATAFORMA and its employees will ensure its protection in the development of their professional activity.

Companies can, at any time, communicate a possible error in their data to ATLAS TECNOLOGICO PLATAFORMA, and ATLAS TECNOLOGICO PLATAFORMA will be responsible for verifying it and modifying it if necessary. Companies can request that information concerning them be removed from the lists and advertising materials published by ATLAS TECNOLOGICO PLATAFORMA. Its removal must be requested in writing by an authorized person. The request should be sent to [email protected]

12. Warranty and liability

To the extent that the content of the website, the platform, and the database is composed, along with the content owned by ATLAS TECNOLOGICO PLATAFORMA, of content owned by third parties and provided by said third parties to ATLAS TECNOLOGICO PLATAFORMA, the latter cannot, despite its control and verification work, assume responsibility for the fact that said content integrated into the website and the platform provided by third parties may, in some cases, be inaccurate, inconsistent, or erroneous. The information is provided without any express or implied warranty. Under no circumstances can ATLAS TECNOLOGICO PLATAFORMA or its affiliated companies be held responsible for direct, indirect, consequential, or any other type of loss or damage caused by the use of or reliance on the information collected on the ATLAS TECNOLOGICO PLATAFORMA website and the ATLAS TECNOLÓGICO platform, or on any other website to which it refers.

13. Obligations of users

Users are obliged to guarantee the truthfulness of the data and information provided to ATLAS TECNOLOGICO PLATAFORMA in the context of the relationship established between them through the use of the website and the platform. This is understood to include any personal data required for registration as a registered user where necessary or for access to contracted services.

Users are responsible for all content they insert on the ATLAS TECNOLOGICO PLATAFORMA website and the platform. Users are obliged to:

• Refrain from inserting content that is likely to constitute a disturbance of public order or a breach of current legislation.
• Refrain from pornographic or denigrating content.
• Not to violate the rights of a third party, including intellectual or industrial property rights, privacy, or denigrate the public image of advertisers or companies.

ATLAS TECNOLOGICO PLATAFORMA reserves the right to examine, modify, or remove content that it considers illegal, defamatory, derogatory, or inappropriate.

In any case, ATLAS TECNOLOGICO PLATAFORMA cannot be held responsible or liable for the content of the information or messages published by users. Through links, users can access third-party content and other websites that are not part of the ATLAS TECNOLOGICO PLATAFORMA website. ATLAS TECNOLOGICO PLATAFORMA cannot be held responsible and makes no guarantee with respect to the websites that users may access from the ATLAS TECNOLOGICO PLATAFORMA website. By accessing a website that is not part of the ATLAS TECNOLOGICO PLATAFORMA website, users acknowledge and accept that ATLAS TECNOLOGICO PLATAFORMA has no control over the content or information of that website.

14. Use of content by the user

These conditions only authorize the user to access the content provided by ATLAS TECNOLOGICO PLATAFORMA and do not include other intellectual property rights. For its subsequent use for any other purpose, the user must expressly request it from ATLAS TECNOLOGICO PLATAFORMA and obtain prior written consent.

The content that the user can access through the website and the platform will be limited to internal use, in accordance with these general conditions, the general subscription conditions, and the applicable particular conditions and agreements. Users may not transfer, encode, grant licenses for use, or exploit or transmit the rights granted to them.

In particular, users must not allow any person (except for their authorized employees, if the user is a legal entity) to use or consult the data and information of ATLAS TECNOLOGICO PLATAFORMA without having obtained written authorization from ATLAS TECNOLOGICO PLATAFORMA.

15. Security and confidentiality

ATLAS TECNOLOGICO PLATAFORMA will use the necessary means to ensure the security and confidentiality of its website and platform, but does not guarantee that its services will be free of errors, undue interference by third parties, or other defects. However, it will have optimal and standard market security systems to prevent such situations. Likewise, it is not responsible for any damage to the equipment, software, or data suffered by users as a result of using the website or the platform.

Likewise, ATLAS TECNOLOGICO PLATAFORMA is not responsible for any damage to the equipment, software, or data suffered by users as a result of using the website or the platform.

16. Personal data protection

The personal data provided by the user for the creation of their access account to the database and related services, as well as any personal data provided in the context of contracting the services offered on the platform, will be collected and processed through automated means by ATLAS TECNOLOGICO PLATAFORMA, in order to allow the user access to the database and services and to ensure their proper functioning.

ATLAS TECNOLOGICO PLATAFORMA will collect and process the user's personal data in accordance with the EU General Data Protection Regulation no. 679/2016 (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

The user's personal data will be treated appropriately and with the utmost confidentiality to ensure the development, fulfillment, and control of the freely accepted contractual relationship. For any other use, such as commercial purposes, the user's consent will be required. For more information, please consult our privacy policy.

17. Customer service and claims

To submit any suggestion, complaint, or claim to ATLAS TECNOLOGICO PLATAFORMA, the user can contact the customer service department by email: [email protected].

By virtue of the European Union's online dispute resolution for consumer affairs and in accordance with Article 14.1 of Regulation (EU) 524/2013, it is reported that the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.

18. Applicable law

These General Conditions are subject to the laws of Spain, with Spanish being the main language used. Any conflict that may arise will be submitted to and resolved by the courts and tribunals of Madrid – Capital, with users waiving any other jurisdiction that may correspond to them.

19. Modification of the general conditions

ATLAS TECNOLOGICO PLATAFORMA reserves the right to modify these General Conditions in order to adapt them to new legislation, applicable jurisprudential criteria, industry practices, or its own interests. Any modification will be communicated with due notice to users/clients through the means provided for this purpose.

Publication date: May 4, 2023