Terms and conditions of use
Last updated: October 24, 2022.
* This policy was originally drafted in Spanish. In case of discrepancies between the original and a translated version, the original in Spanish will prevail over the others.
1circle Introduction
Welcome to PREDICTTO, a Cloud Services Software (SaaS), herein after referred to as "PREDICTTO" or "PLATFORM", owned by FRACTTAL TECH S.L.
PREDICTTO is a predictive maintenance program and data analysis tool created to optimize the maintenance of the CLIENT's assets, using the answers provided by the algorithms and adapting to the needs of any company or organization. PREDICTTO allows the CLIENT to create a predictive maintenance model in a few steps, with the use of SaaS the USER decides how to calculate their models, select between different data sources and filter by dates, among others.
2circle Definitions
Browser: It is the natural person who does not meet the condition of CLIENT or USER and only enjoys the visualization of the platform through the internet.
Client: It is the legal / legal entity that accepts the commercial proposal of services of Fracttal Tech S.L or any of its subsidiaries.
User: It is the natural person, authorized by the CLIENT, who registers in PREDICTTO and has a username and password.
Fracttal One: It is an asset maintenance management SaaS owned by Fracttal Tech S.L. The USER who has FRACTTAL ONE can connect his database to extract the necessary information from assets and meters.
Repeat Infringers: These are FRACTTAL users, identified by their usernames or other unique identifier, who have received more than one DMCA takedown notification from FRACTTAL.
3circle Acceptance of Terms and Conditions
At the moment a USER enters their data and accesses or uses the platform, they acknowledge that they have read and understood the Terms and Conditions of Use and the Privacy Policy of PREDICTTO and that they are obliged to comply with their provisions and all laws and regulations regarding their use, access and connectivity.
If the USER does not accept these Terms and Conditions, he/she must not use PREDICTTO.
4circle Rights granted by the user
The USER authorizes PREDICTTO to:
1) Use your device's processor, bandwidth and storage hardware to facilitate the operation of PREDICTTO.
2) Have your contact information in the terms established in this document and in the data processing policy available at: https://www.fracttal.com/en/privacy-policy
5circle Our Security Policies
PREDICTTO adopts the necessary measures to safeguard the security of the information and protection of the CLIENT's data.
In case of detecting changes in the information registered in PREDICTTO, in the event of any irregularity or simply as a measure of identity protection, PREDICTTO may contact the USER to corroborate the changes and try to avoid possible fraud or risks in the leakage of information.
6circle Service Level Agreement and Support Scheme
Once the PREDICTTO services have been acquired by the CLIENT, the Service Level Agreement (SLA) and the support scheme will be sent, with the schedules and forms of attention to the technical incidents presented by its USERS with the use of PREDICTTO.
You can request technical support, using the help desk feature in support@fracttal.com.
7circle Obligations and restrictions of use of the client and user
- Not to share your username and password with others outside the Company, or use or attempt to use user accounts, passwords, or another user's system.
- Provide only truthful and accurate information about your personal data.
- Not to interrupt or interfere with the account of any other user of the Website and/or Mobile App or the Services of affiliated or linked sites.
- Not to upload, publish or transmit through the Website and / or Mobile App or the Services any viruses or other harmful, harmful or destructive files.
- Not to disrupt or interfere with the security of the Website and/or Mobile App, Services, User Content, system resources, accounts, passwords, servers, or networks connected or accessible through this Website and/or Mobile App or any affiliated or related site.
- Not to access any of the Services provided by any means other than the means provided by PREDICTTO or its authorized partners, or through automated means.
- Do not violate the physical or computer security measures that PREDICTTO has, in order to prevent or restrict access to the PLATFORM.
- Do not print, reproduce, distribute or publish content hosted on the PLATFORM, such as images, logos, texts, recommendations, comments and any other content of the PLATFORM.
- Create a browser, framing, or graphical user interface around PREDICTTO.
8circle Do I get charged any value for using Predictto?
PREDICTTO charges its CUSTOMERS the price described in the commercial proposal. The information on the value of the prices can be consulted by each CLIENT with the commercial advisor assigned to him.
The prices that are applicable, including costs, expenses and taxes, will be informed to the CLIENT and will be subject to adjustments at any time, in these cases the corresponding information will be sent to the CLIENT, so that he can decide whether or not to accept such adjustments, before they come into force.
Likewise, PREDICTTO may also offer during certain periods and when it decides at its discretion, free subscription plans for the services.
9circle Payment gateway
The CLIENT will have the option of making the payment of the services shown on the Platform through different payment gateways, for which he will also be subject to the Terms and Conditions of these.
All aspects related to the use of the means of payment, such as its date of issue, expiration, quota, blockages, etc., will be subject to the agreement between the Consumer and the financial or banking issuing entity. PREDICTTO in no case knows or stores the data, account number or related passwords, nor the data of debit or credit cards or any other related means of payment.
10circle Acceptable Use and Unauthorized Access
Acceptable Use
THE CLIENT AND THE USER must not:
(a) use the PLATFORM to resell the services of the Platform or to share access time or allow third parties to exploit PREDICTTO.
(b) provide system passwords or other login information to any third party outside your company.
(c) access the Platform to build a product using ideas, features, functions or similar graphics from the Platform, or to copy any ideas, features, functions or graphics from the Platform.
In the event that you suspect any breach of the requirements of this, the access of the CLIENT's USERS to the PLATFORM may be suspended.
Unauthorized access
CLIENT shall take reasonable steps to prevent unauthorized access to the Platform, including, but not limited to, protecting their passwords and other login information. The CLIENT shall notify PREDICTTO immediately of any known or suspected unauthorized use of the Platform.
11circle Declarations and limitation of liability
PREDICTTO guarantees the functionality of the Software object of this license of use, provided that it is used in accordance with the technical specifications and conditions of use. The Software may not be modified in its functionalities by the CLIENT.
PREDICTTO will not be responsible for damages to the Software caused by viruses, electrical failures, computer damage or improper handling and / or loss of information by the USER. Nor will be covered the possible failures that occur due to deficiencies in the facilities of the CLIENT, breakdowns in the network of your company, power surges, lack of maintenance of computer equipment and servers, as well as for all those anomalies that are not directly attributable to PREDICTTO.
PREDICTTO does not guarantee the occurrence of any future event or risk on any of the CLIENT's assets because through PREDICTTO, the CLIENT only has the possibility of knowing an estimate and analysis of their assets, in accordance with the data provided, which allow them to prevent risks, being a responsibility of means in the provision of the service and not of result.
12circle License of use
Fracttal Tech S.L guarantees that it is the owner of the Software and the Platform and of each and every one of its components, and that they own and will maintain all the faculty and authority to grant the rights of use of the Platform.
Fracttal Tech S.L retains all intellectual property rights over PREDICTTO, including, among others, all software used and all graphics and user interfaces. The CLIENT and its USERS of the PLATFORM acquire a limited, non-exclusive, non-transferable and revocable license to use the PREDICTTO service.
You may not copy, download, transmit, lease, loan, assign, modify, distribute, license, sublicense, decompile, reverse engineer, or transfer the Licensed Program without authorization.
Fracttal Tech S.L reserves the right to make changes and improvements to PREDICTTO at any time through new versions, which may include new functionalities, correct possible failures, modify and improve its appearance, and add security elements.
13circle Trademarks and trade names
The brand, logo and commercial slogan (industrial property) related to PREDICTTO are the property of FRACTTAL TECH S.L and its subsidiaries.
No rights, licenses on industrial property are granted for the use of PREDICTTO.
14circle Links to Third Party Websites
PREDICTTO may contain links to third party websites ("THIRD PARTY SITES"). PREDICTTO has no control over such THIRD PARTY SITES and is not responsible for the availability of such third party sites or for the services, content, advertisements, products or any materials available on them.
THIRD PARTY SITES are governed by their corresponding Terms and Conditions of Use.
15circle Validity and modifications to the terms and conditions
The validity of these terms and conditions is for the time of use of PREDICTTO by the CLIENT and its USERS.
PREDICTTO may change the Terms and Conditions at any time, if substantial changes are made, PREDICTTO will notify CUSTOMERS and USERS electronically.
In the event that the Terms and Conditions must be modified to comply with legal requirements, the modifications may take effect even immediately, or as required by law and without prior notice.
16circle Governing Law
Any claim related to PREDICTTO, its use will be governed by the legislation and dispute resolution mechanisms established in the service contract that the CLIENT has with Fracttal Tech S.L or any of its subsidiaries. Any claim that a WEB BROWSER wants to present regarding the PLATFORM and its use will be governed by Spanish legislation.
In the absence of a particular contract, apart from these terms and conditions, the disputes shall be submitted to the review of the Parties to seek a direct settlement, within a period not exceeding 30 working days from the date on which either Party communicates in writing to the other party the existence of a difference and explains it.
Disputes that cannot be resolved directly will be resolved using the following option:
Conciliation or mediation: It will be carried out before a conciliation center, located at the address of Fracttal Tech S.L or any of its subsidiaries, upon request for conciliation raised individually or jointly by the Parties. If within 60 working days from the beginning of the conciliation process, the Parties do not reach an agreement to resolve their differences, within the following 30 calendar days, they must go to an Arbitration Tribunal located at the domicile of Fracttal Tech S.L or any of its subsidiaries, composed of an arbitrator appointed by the Arbitration Center.
Inquiries of any kind, or claims for any reason be made to info@fracttal.com. Please read our Privacy Policy at https://www.fracttal.com/en/privacy-policy.
Thank you for reading our TERMS AND CONDITIONS of Use and for using our services.