Terms and Conditions

The website has been created to offer detailed and updated information on the services of KrakenD. KrakenD offers a commercial website for the KrakenD API Gateway software and offers documentation for the software operation and several software utils to help operate it. (hereinafter, the “Contents” and / or the “Services”).

This legal notice (hereinafter, “Legal Notice”), together with the privacy policy (hereinafter “Privacy Policy”), and the cookies policy (hereinafter, “Cookies Policy”) constitute the applicable legal framework (collectively “Legal Terms of the Website”) to the use of the website (hereinafter, the “Website or " Web”). The use of the Web attributes to whoever uses it the condition of user (hereinafter, “User”) and implies expressly and fully acceptance of the Legal Terms of the Web. As a User, you agree to use the Website in accordance with the Legal Terms of the Website and the current legal regulations that are applicable at the time of use.

The Legal Terms of the Web are updated periodically, so that the ones that are in force and published at the time of use of the Web will be applicable. Please read these texts carefully before browsing the Web, as well as periodically. In case you do not agree with the Legal Terms of the Website, please do not use the Website.

1.- ACCESS AND CONDITIONS OF USE

Access to the Website is free for Users. Any unauthorized use is prohibited unless you have prior written permission of KrakenD; KrakenD reserves the right to deny, suspend, interrupt or cancel access or use, totally or partially, of the Website to those Users who fail to comply with any of the conditions provided in this Legal Notice and / or any of the Legal Terms of the Web

Therefore, KrakenD will have the right to investigate and report any of the behaviors in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions.

1.1.- Obligation to make correct use of the Website and Services

You undertake, as a User, to make appropriate use of the Website and the materials, services and forms offered through it, in accordance with applicable legislation and always for the purposes for which they have been created.

To this effect, as a User, you will refrain from using the Website for purposes or effects that are illicit, prohibited or unauthorized, or harmful to the rights and interests of third parties; or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the Website, the services, computer equipment, documents, files and other content offered by KrakenD on the Website and/or that may be stored on any computer equipment of KrakenD, other users or any Internet user(both hardware and software).

As a User you commit to (including but not limited to):

• Not to engage in illicit activities, illegal or contrary to good faith and public order.
• Not to cause damage to the physical and logical systems of the Web, its suppliers or third parties.
• Not to introduce or spread computer viruses or any other physical or logical systems that may cause damage to the networks, equipment, systems of the Users, the Web or KrakenD;
• Not to attempt to access, use and/or manipulate the data of KrakenD, third party providers and/or other users.
• Not to delete, alter, evade, or manipulate any protective device or security systems that may be installed in it.
• Not to use robots, data scanning and storage systems (such as spiders or scrapers), hidden links or any other resource, tool, program, algorithm or automatic data collection/extractor method to access, acquire, copy or monitor the Website, without the express written permission of KrakenD.
• Do not use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or disclose in any way such information.
• Not to impersonate another person or organization, use disrespectful or offensive language such as insults, threats or comments that may hurt the sensibilities of other users; or present, recommend and / or cite companies or web portals and / or perform marketing or spam actions. This type of content will be deleted along with, where appropriate, the accounts that carried out such actions.

KrakenD reserves the right to withdraw any content that is disrespectful and / or contravenes the provisions of this section, as well as to exercise the legal actions that are appropriate.

1.2.- Obligation to make correct use of the Contents

As a User you agree to use the contents made available to you on the Web, understanding by these, without this enumeration being limiting, the texts, photographs, graphics, files, logos, images, icons, technology, software and links; as well as the selection and form of presentation of the materials included in it and other audiovisual or sound content, its software, graphic design and the source codes necessary for its operation, access and use (hereinafter, the “Contents”), in accordance with the law and the Legal Terms of the Web; and, in particular, you shall refrain from:

• Reproduce, copy, distribute, make available or in any other way publicly communicate, transform, or modify, or perform any other form of exploitation, by any procedure, of all or part of the Contents, as well as their design and the selection and form of presentation, unless you have the express authorization of KrakenD or the owner of the corresponding rights or that this is legally permitted.
• Decompile, disassemble, reverse engineer, sublicense or transmit in any way, translate, or make derivative works of the computer programs necessary for the operation, access and use of the Web and the services in the contents, as well as perform, with respect to all or part of such programs, any of the acts of exploitation described in the previous paragraph. As a User of the Website, you must refrain in any case from deleting, altering, evading, or manipulating any protection device or security systems that may be installed on it.
• Delete, manipulate or in any way alter any reservation of rights and other identifying data.

2.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All Content on the Website, including text, photographs, graphics, images, icons, technology, software and other audiovisual content, as well as graphic design and source codes, are the property of KrakenD or, where appropriate, are licensed or expressly authorized by the owners.

The information disseminated on the Web, as well as its Contents, is owned by KrakenD or its authors and are considered protected works in accordance with the provisions of Royal Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law. In no case may it be understood that from KrakenD Users are transferred or authorized to exploit in any of its modalities the rights over said Contents beyond what is strictly necessary for the correct use of the Web.

The trademarks, trade names or distinctive signs of any kind that appear on the Web are owned by KrakenD or have been published with the consent of their legitimate owners, without it being understood that access to the Web attributes to Users any right over the aforementioned trademarks, trade names and / or distinctive signs.

To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the Contents of the Web, you can contact KrakenD through our email [email protected] attaching the relevant information.

In any case, in KrakenD it does not assume any liability bility with respect to the intellectual or industrial property rights owned by third parties that are infringed by the Users of the Web by any other person outside KrakenD

3.- HYPERLINKS

The Website may put at your disposal as a User technical link devices (such as links, banners, buttons), which allow access to websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links is solely intended to facilitate access to the information, content, and services available on these Linked Sites.

KrakenD does not offer or market by itself or through third parties the information, content, and services available on the Linked Sites, nor does it previously control, approve, recommend, monitor or make them its own. KrakenD does not guarantee or assume any liability for damages of any kind that may be due to:

• The operation, availability, accessibility, or continuity of the Linked Sites.
• The maintenance of the information, contents, and services existing in the Linked Sites.
• The provision or transmission of the information, content and services existing on the Linked Sites.
• The quality, legality, reliability and usefulness of the information, contents and services existing in the Linked Sites, provided by third parties through the Web.

Since KrakenD has no control over the content hosted on such channels, you acknowledge as a user and agree that KrakenD assumes no responsibility for the content or services you may access on such sites, or for any content, products, services, advertising, or any other material available on them. For this reason, as a user, it must exercise extreme caution in the assessment and use of the information, content and services existing in the linked channels, and about its own information or that of third parties that it wants to share in said channels.

It is expressly forbidden to introduce hyperlinks for commercial exploitation purposes on web pages outside KrakenD that allow access to this website without the authorization of KrakenD. The existence of this type of link will not imply the existence of commercial relations with the owner of the Web where the hyperlink is established, nor the acceptance by KrakenD.

4.- MODIFICATIONS AND NULLITY

In order to improve the Web, KrakenD reserves the right, at any time and without prior notice, to modify, extend or temporarily suspend the presentation, configuration, technical specifications and services of the Web, unilaterally; as well as the right to modify at any time the Legal Terms of the Web that, in relation to the Web, have been made or may be made available to you on the Website.

In the event that any clause of these Legal Terms is declared totally or partially invalid or ineffective, such invalidity or ineffectiveness will only affect the clause itself, with the remaining conditions remaining in force and the affected provision being deemed not to have been included.

5.- EXCLUSION OF LIABILITY

KrakenD does not guarantee the availability and continuity of the operation of the Web, nor is it free of errors. When reasonably possible, KrakenD will warn in advance of interruptions in the operation of the Web. KrakenD excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the availability and continuity of access to the Web, such as technical, security, control, supply interruptions, etc. As a User of the Website, in any case, the obligation to have adequate tools for the detection and disinfection of harmful or harmful computer programs.

Likewise, KrakenD excludes all liability for errors or omissions that may suffer from the Contents of the Web or other content that can be accessed through it; as well as for any damages derived from the use of the Web and / or for any action carried out on the basis of the information provided therein, including the presence of viruses or other elements that may cause alterations in computer systems. KrakenD will not assume responsibility of any kind for the use that other Users make of the Website and / or its Contents, nor for the errors or omissions of third parties, regardless of whether these third parties may be linked to KrakenD through a contractual relationship.

The information on the Website is provided without warranty of any kind, either explicit or implied, and may be changed or updated without notice. KrakenD does not guarantee the absence of viruses, worms or other harmful computer elements that could cause damage or alterations to the computer system, electronic documents or your files, as a User of the Web. Consequently, KrakenD excludes all liability for damage that such elements may cause to Users.

As a User you will be liable for damages of any kind that KrakenD may suffer as a result of the breach of any of the obligations to which you are subject by these Legal Terms of the Web. As a User you are aware and voluntarily accept that the use of any content of this Website takes place, in any case, under your sole and exclusive responsibility, and must provide the necessary information in a timely manner and follow the guidelines and instructions of the Website.

The website is not directed to Users under 18 years of age.

In any case, KrakenD undertakes to try to solve the problems and / or incidents that may arise with the greatest possible diligence and to offer all the necessary support to the User to, where appropriate, be able to reach a quick and satisfactory solution of the incident.

6.- DATA PROTECTION

In accordance with the provisions of the current regulations on Data Protection, all personal data provided during the use of the Website will be processed in accordance with the provisions of our Privacy Policy that every user knows and accepts when visiting our website.

7.- LANGUAGE

For KrakenD, users are the priority and try to address you whenever possible in your own language. For this reason, KrakenD has translated the Legal Terms of the Website into several languages. However, in case of conflict or doubts about the meaning or scope of any section, term or expression contained therein, the English version will be of priority application, as it is the original version in which the Legal Terms of the Web have been written.

8.- APPLICABLE LAW

The Legal Terms of the Web are governed by Spanish legislation. In the event of a dispute, it shall be resolved by the Court of Arbitration of the Barcelona Chambers of Commerce and Industry, with the express waiver of any other jurisdiction that may apply, except as expressly provided by law.

In the event of having to go to court, the Parties submit to the Courts and Tribunals of Barcelona expressly waiving the forum that may correspond to them, unless the applicable legislation requires another jurisdiction. However, both parties will do everything reasonably necessary to try to resolve conflicts amicably.

9.- OUT-OF-COURT DISPUTE RESOLUTION

If you are a consumer, and you have complaints or claims you can send them to the following email address: [email protected].