Terms & Conditions

Below, you can find the Terms and Conditions that we use at Brandtrack to regulate our services. We will refer to them generally as the "Terms". It is important that you read them carefully, as well as other aspects that may be of interest to you, such as our privacy policy or our cookie policy.

As you know, Brandtrack provides music services and multimedia content production for commercial spaces through its own platform, which we will generally call the "Services". When you accept the Terms and pay the price that we propose for the Services, you are actually signing a binding contract with the company Brandtrack S.L., which is regulated by these Terms and by the legislation in force and which we will henceforth call the "Contract". It is important to know that when you accept the Terms, you are telling us that you have read the Agreement, that you accept its content, that you understand it and that you agree to be bound by it.

If this is not the case, you must not accept the Terms. Nor should you accept it if, for whatever reason, you do not have sufficient legal authority to enter into binding contracts. If you accept the Terms without being able to do so, Brandtrack reserves the right to terminate the Contract at any time without refund of the amounts you have already paid.

When you sign the Contract, you will give us a series of personal data subject to the protection established by current legislation, as will be described later. By signing the Contract, you agree that such data is correct, real and complete, as well as to notify us of any changes that may occur in them. If this breach occurs, Brandtrack reserves the right to terminate the Contract at any time without refund of the amounts you have already paid.

By accepting the Contract, you also agree that in any case and for any reason Brandtrack may make unilateral modifications to the Contract. If this happens, Brandtrack will notify you in good time through the means of contact that you have provided us. It is important that you know that it is very likely that if there are changes to the Contract or the Terms, we will ask you to confirm that you do not want these changes to take effect and that if you do not tell us, those changes will be applied. Therefore, it will be vital that you pay close attention to any communication you may receive from Brandtrack if it refers to the Terms or the Agreement. In any case, when changes occur in the Contract or in the Terms, we will always give you the option to terminate the Contract if you wish to do so.

By signing the Contract, you will have chosen at least one of the Services described below (each of them, the Service):

Brandtrack Lite Service: Self-administered music platform that consists of a playback App and a monitor where you can access all the information and management controls of your users with a reference price of usd 20 (twenty US dollars) per user (discounts may be applied).
Brandtrack Enterprise Service: Personalized music platform according to the values of the brand and consisting of a playback App and a monitor where you can access all the information and management controls of your users with a reference price of usd 30 (thirty US dollars) per user (discounts may be applied).
Brandtrack Smart service: Personalized music platform according to the values of the brand that interacts with different internal and external variables such as human traffic, weather, consumption rates, etc. to make changes to content in real time. It is made up of a playback and a monitor where you can access all the information and management controls of your users with a reference price of usd 40 (forty US dollars) per user (discounts may be applied).

In all cases there may be a period of between 30 and 90 days depending on the case.

As we have previously explained, Brandtrack has the right to make modifications in any area of the Contract and the Terms, and this includes the Services. Therefore, Brandtrack, at any time, for any reason, may unilaterally modify, prior notice, the Service, or even delete all or part of it.

On the other hand, Brandtrack reserves the right to exclude from its offer of services the counterparty to the Contract of any or all of the Services described.

At any time you can (i) change or modify the Service; or (ii) cancel the Service. Even so, during the first fourteen (14) calendar days in which you contract a Service you can freely change your mind and cancel or modify the Contract, abandoning it or modifying the Contracted Service. It is the Period of Withdrawal. If you do not want to continue with the Contract, we will refund what you have paid. If what you want is to modify the Service, we will refund the difference if the new Service is cheaper or we will ask you to pay the difference in the event that it is more expensive, and it will not be until this payment occurs that it will be understood as produced on change to the new higher priced Service. In the event of a change to a lower price Service or withdrawal during the Withdrawal Period, these will take effect from the communication of said decision. The Withdrawal Period starts at 00:00 CET + 1h the day after payment has been done.

At the end of the Withdrawal Period you can no longer desist and you can only cancel or modify the Service subject to the following conditions:

If what you want is to modify the Service outside the Withdrawal Period, said modification will have to be communicated at least ten (10) calendar days prior to the end of the subscription period for the Service already paid. The change will take effect at 00:00 CET + 1h on the first day of the new subscription term. In no case may the Service be modified before the end of the subscription period already paid. Once the change has occurred, you will pay the price of the new Service.
If what you want is to cancel the Service outside the Withdrawal Period, said cancellation will have to be communicated at least ten (10) calendar days prior to the end of the subscription period for the Service already paid. The cancellation will take place at 23:59:59 CET + 1H on the last day of the Service Subscription period. The cancellation of the Service will not entail, in any case, the return of any amount.

It is important to bear in mind that to cancel and/ or to modify a Service outside the Withdrawal Period, you must notify us at least ten (10) calendar days before the end of the subscription period. Failure to do so will result in automatic renewal of the Service to which you are subscribed and you will not be able to cancel or modify until the end of the next subscription period for the Service.

You can find a copy of the Withdrawal Form here.

The payment of the services will be made in any case in advance. The form/s of payment will be only those of which Brandtrack informs you at the time of payment and the non-acceptance of any of them will be understood as the lack of interest in signing the Contract. It will not be possible to make the payment through another payment method that is not one of those indicated by Brandtrack.

The method of payment and the price itself may be subject to change. In that case, what has been said above about changes in the Contract or in the Terms will apply. For clarification, if you pay or continue to pay a price change once the period to communicate your desire to end the Contract has ended, it will be understood, for all purposes, that you have implicitly accepted the new price.

The Service belongs to Brandtrack. You can use the Service in a non-exclusive, limited and revocable manner while the Contract is in force. You may only use the Service for the purpose for which it has been expressly made available to you and you may not, except with specific permission, market it in any way, or license or sell it, or any similar or analogous action, regardless of whether or not you obtain an economic benefit or of any other kind.

The software that supports the Service, the brands, trade names, distinctive signs, logos, domains and all the content of the web or app belong to Brandtrack (or at least, can be lawfully used by Brandtrack) and you can not use them for any purpose or appropriate them, regardless of whether you access them or view them on private devices or media. The Terms do not give you any type of rights over the intellectual and industrial property of Brandtrack, beyond the use in the Terms here exposed so that you can access the Services. The use of any of these elements for a purpose other than the enjoyment of the Services may entail serious damage to Brandtrack that you will have to replace.

When you enjoy the Services, you may also legally enjoy software or other intellectual or industrial property of third parties. In that case, you agree to comply with the same obligations that you have committed to those belonging to Brandtrack.

If in the interaction with Brandtrack and in the enjoyment of the Service you generate or use any type of content you agree with Brandtrack that you are the owner of the same or at least that you have the right to use it without violating any third party rights. In the same way, you agree that Brandtrack can use and / or display your content, as well as review, monitor and even modify it if necessary, without Brandtrack taking any responsibility, of any kind, with you or any third party. Brandtrack will not assume any claim received from a third party for your general use of the Service, for which only you will be responsible. Your content must comply with the Terms. If you do not, Brandtrack may suspend or cancel without prior notice and immediately the provision of the Service. If the breach persists, Brandtrack may unilaterally cancel the Contract, without you having the right to claim anything and subject to the fact that Brandtrack can claim damages for you that you have caused or could potentially produce and the costs of any type that such claim may cause to Brandtrack.

When you use the Services, you agree to:

The cookie police, which you can consult here;
Give us the right to use the means or space of your electronic devices so that the Services can be provided;
Give us permission to send you advertising in relation to Brandtrack or even third parties, according to the Law of Services of the Information Society and Electronic Commerce;
Give us a non-exclusive, non-licenseable, free, transferable license, for the maximum time allowed by law, with global and irrevocable territorial character to use, in any way and for any purpose, any content that you have the right to and that you have made available to Brandtrack or used in the use and enjoyment of the Services, all without prejudice to the rights that said content may not be taken or claimed from you in accordance with the legislation in force. This license will remain in force even after the end of the Contract. If Brandtrack believes that any of your content violates the industrial and intellectual property of the owner of any right, we may remove said content without prior notice, as well as take the measures we deem appropriate, as well as cancel the Contract if there are reasons for it;

When you use the service you agree to comply with the user rules, which we will henceforth call the “User Rules”. You can only use the Services according to these User Rules and as provided in the Contract.

Based on these User Rules, it is not allowed to:

use the Service differently from what is established in the Terms and in the Contract;
copy, redistribute, reproduce, rip, record, transfer, represent or show in public, retransmit or make available to the public any part of the Service;
use the Service to import or copy local files over which you do not have a legal right to import or copy in this way;
transfer copies of the Service or its cached content to any device;
use reverse engineering techniques, decompile, disassemble, modify or create derivative works based on the Service or any part thereof, unless permitted by applicable law.
neutralize the territorial restrictions imposed;
use the Service against good faith;
manipulate the statistics of the use of the Service;
remove or modify any indications or notices of copyright, trademark or other industrial and intellectual property rights included in the content or in the Service or provided through it.
provide your password to another person or use another person's username and password;
track the Service or use automated means to view, access or collect information from the Service;
publish or generate content that:

is offensive, abusive, defamatory, pornographic, threatening, obscene, misleading, false, fraudulent, or erroneous;
is illegal, aims to promote or commit an illegal act of any kind, including infringements of industrial and intellectual property rights;
include your password or intentionally include another user's password or the personal data of third parties, or that may be used to harm a third party;
include malicious content such as malware, Trojans, or viruses, or otherwise prevent a user from accessing the Service;
have commercial purposes other than Brandtrack.

When you access the Service, you may be given a password and a private, personalized user. Said user, including her nomenclature, may be withdrawn at any time in case of breach of the Contract. You are solely responsible for the fact that only you know the username and password, unless you can prove otherwise. If you suspect that someone other than you knows your username and password, you must notify us immediately to protect your privacy. Even so, we are not responsible for what a third party can do with your username and password, unless it is the fault or negligence of Brandtrack.

The Services may be temporarily unavailable for technical reasons, maintenance, updates, improvements or for reasons beyond Brandtrack's control. In such cases, you will not have the right to make any claim for the lack of provision of the Services, not even the refund of the price.

The Services may cease to be permanently available for reasons unrelated to Brandtrack, such as legislative changes, administrative decisions or natural disasters. In such cases, you will not have the right to make any claim for the lack of provision of the Services, not even the refund of the price.

Even so, keep in mind that Brandtrack agrees to provide the Service in the conditions offered at the time of signing the Contract, except as provided above, and does not undertake in any case to improve or update it. Brandtrack also makes no warranty as to the quality or fitness of the Services for a particular purpose or the absence of being exposed to malware or other malicious software while using the Services. Brandtrack neither assumes responsibility nor guarantees the operation or quality of third-party software that can be used in the enjoyment of the Services.

All without prejudice to Brandtrack's liability when in its actions there is intent, fault or gross negligence or the rights that the consumer establishes in its favor. Even so, Brandtrack, nor the companies of its group, nor its partners, executives, agents, administrators or workers are responsible for: (i) any claim of loss of profit or indirect damage; or (ii) loss of use, content, data, business, income or material damage on your hardware that you could have avoided if you followed the instructions given by Brandtrack; (iii) cases of force majeure, among which are pandemics and the paralysis or slowdown of economic activity for reasons of public health; or (iv) damages caused by third parties or third-party software in their interaction with the Service.

The added liability Brandtrack may respond to will never exceed the total amounts paid by you for the use of the Services in the twelve (12) months prior to the claim.

The Agreement will be in force until the end according to the Terms or by mutual agreement between Brandtrack and you. Even so, the clauses and Terms that by their very nature must survive the termination of the Contract will remain in force.

Except in the cases established in this Contract, it only creates rights between Brandtrack and you and in no case for the benefit of third parties. The right to terminate, terminate or accept any variation, waiver or termination of the Contract is not subject to the consent of any other person.

The clauses of this Contract are separable. Therefore, if any of them is declared null, invalid or contrary to law, this will not affect the rest of the clauses.

Brandtrack may assign the rights and obligations of the Contract to any third party. Such transfer is not authorized in your case for any reason.

If for any reason a legal conflict or claim arises with you that we could not resolve by mutual agreement, said matter will comply with the provisions of this Contract and subsidiarily to the laws in force in the Kingdom of Spain. In addition, you waive any other jurisdiction that may correspond to you and any jurisdiction that may be applicable to you. Any legal conflict that arises between us will be settled by the courts and judges of the city of Madrid, Spain, excluding any other court or judge from any territory, as well as any arbitration procedure.

Furthermore, you expressly agree not to adhere to any class action lawsuit against Brandtrack. Any legal dispute between us will be solved in a judicial procedure between Brandtrack and you individually, and never through collective and representative procedures.In the event of a legal dispute with Brandtrack, you agree to hold Brandtrack harmless from any damages, losses and expenses of any kind (including reasonable costs and fees for attorneys) that arise or are related to breach of the Contract and/ or Terms.

In the event that we cannot solve any mutually agreed claim and you do not want to go to court you can also use the online platform for alternative dispute resolution (ODR-platform). You can access the ODR-platform at https://ec.europa.eu/consumers/odr.

When you use the Services, you accept the Brandtrack Data Protection Policies that you can consult here.

For more information about your contract with Brandtrack S.L., with CIF B67017590, you can write to us at billing@brandtrack.fm

LEGAL WARNING

Brandtrack, SL, with registered office at calle Almogaver 165 08018 Barcelona, with NIF number 67017590, registered in the Mercantile Registry of Barcelona, Volume 45.969, Folio 111, Sheet B-505455, cannot assume any responsibility derived from the incorrect, inappropriate or illicit use of the information that appears on this web page.

With the limits established by law, neither this website nor its owner assumes any responsibility derived from the lack of veracity, integrity, updating and precision of the data or information contained on its Internet pages.

The contents and information do not bind this website or its owner, nor do they constitute opinions or advice of any kind, as it is merely a service offered for informational and informative purposes.

The Internet pages of this website may contain links to other third-party pages that the owner of this website cannot control. Therefore, Brandtrack S.L., can not assume responsibilities for the content that may appear on third party pages.

The texts, images, sounds, animations, software and other content included on this website are the exclusive property of Brandtrack S.L., or its licensors. Any act of transmission, distribution, assignment, reproduction, storage or total or partial public communication must have the express consent of Brandtrack S.L.

Likewise, to access some of the services offered through the website you must provide some personal data. In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data, as well as in compliance with the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, we inform you that, by completing these forms, your personal data will be incorporated and will be treated in the files of Brandtrack, SL in order to be able to provide and offer our Services as well as to inform you of the improvements to the website.

Likewise, we inform you of the possibility of exercising the rights of access, rectification, cancellation, opposition, portability, forgetfulness, limitation or any other right in relation to your personal data, free of charge as indicated in our Policy. Data Protection.

Data retention in accordance with the LSSI

Brandtrack, S.L. informs that, as a data hosting service provider and pursuant to the provisions of Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce (LSSI in spanish), it retains for a maximum period of 12 months the essential information to identify the origin of the data hosted and the time when the service was started. The retention of these data does not affect the secrecy of communications and may only be used in the framework of a criminal investigation or for the safeguarding of public safety, making themselves available to judges and / or courts or the Ministry that so requires.

The communication of data to the State Forces and Bodies will be made in accordance with the provisions of the regulations on protection of personal data.

Intellectual property rights of this website

Brandtrack, S.L. is the owner of all copyrights, intellectual and industrial property, "know how" and all other rights related to the contents of this website and the services offered therein, as well as the programs necessary for its implementation and related information.

The reproduction, publication and/ or non-strictly private use of the contents, total or partial, of this website is not allowed without prior written consent.

Intellectual property of the software

The user must respect the third-party programs made available by Brandtrack, S.L., even if they are free and / or publicly available.

Brandtrack, S.L. have the necessary exploitation rights and intellectual property of the software.

The user does not acquire any right or license for the contracted service, on the software necessary for the provision of the service, nor on the technical information for monitoring the service, except for the rights and licenses necessary for the fulfillment of the contracted Services and only for the duration of the same.

For any action that exceeds the fulfillment of the contract, the user will need written authorization from Brandtrack, SL, the user is prohibited from accessing, modifying, viewing the configuration, structure and files of the servers owned by Brandtrack, SL, assuming responsibility, civil and criminal, derived from any incident that may occur in the servers and security systems as a direct consequence of negligent or malicious action on their part.

Intellectual property of the hosted content

The use contrary to the legislation on intellectual property of the Services provided by Brandtrack, S.L. is prohibited. The following points in particular are prohibited as well:

The use that is contrary to Spanish laws or that infringes the rights of third parties.
The publication or transmission of any content that, in the judgment of Brandtrack, S.L., is violent, obscene, abusive, illegal, racial, xenophobic or defamatory.
Cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
The collection and/ or use of personal data of other users without their express consent or in contravention of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons regarding the processing of personal data and the free circulation of the same.
Using the domain's mail server and email addresses to send spam mail.

The user has all the information about the content of its website, the information transmitted and stored, the hypertext links, the claims of third parties and legal actions regarding intellectual property, third party rights and protection of minors.

The user is responsible for the laws and regulations in force and the rules that have to do with the operation of the online service, electronic commerce, copyrights, maintenance of public order, as well as universal principles of Internet use.

The user will indemnify Brandtrack, S.L. for the expenses that the imputation will generate in any case whose responsibility was attributable to the user, including legal defense fees and expenses, even in the case of a non-final judicial decision.

Protection of hosted information

Brandtrack, S.L. makes backup copies of the content hosted on its servers, however, it is not responsible for the loss or accidental deletion of data by users. Likewise, it does not guarantee the full replacement of the data deleted by users, since data could have been deleted and / or modified during the period of time since the last backup.

The services offered, except for the specific backup services, do not include the replacement of the contents conserved in the backup copies made by Brandtrack, S.L., when this loss is attributable to the user; In this case, a rate will be determined according to the complexity and volume of the recovery, always with the prior acceptance of the user.

The replacement of deleted data is only included in the price of the service when the loss of content is due to causes attributable to Brandtrack, S.L.

Commercial communications

In application of the LSSI, Brandtrack, S.L. will not send advertising or promotional communications by email or other equivalent electronic means of communication that have not previously been requested or expressly authorized by their recipients.

In the case of users with whom there is a prior contractual relationship, Brandtrack S.L. is authorized to send commercial communications regarding products or services of Brandtrack, S.L. that are similar to those that were initially contracted with the client.In any case, the user, after proving her identity, may request that no more commercial information be sent to her through the appropriate contact channels.