Terms and Conditions

Welcome, and thank you for choosing Nexu Ring!

Through these terms and conditions of contract (the "Terms and Conditions"), users (the "User") interested in the services provided by the Nexu Ring and its integrated application, contract the Services provided by MH CASA TECHNOLOGY SPAIN S.L.U., with the registered office in Marbella (Málaga), Urbanización Parra Palomeras, Villa la Perla, number 1, C.P. 29602, provided with the NIF number B01600998 and registered in the Commercial Registry of Málaga, Volume 5944, folio 6, Sheet MA-155938 (collectively, "Nexu Ring," “we,” “us,” “our”, or the "Company") through the platform created for this purpose (the "Platform").

These Terms and Conditions constitute an agreement between Nexu Ring and the User that will be formalized at the time the User has registered on the Nexu Ring Platform, after having duly completed the registration form and accepted these Terms and Conditions.

Acceptance of these Terms and Conditions implies acceptance of the Nexu Ring Services. 

The moment the User accepts these Terms and Conditions, it implies the knowledge, understanding and acceptance, necessarily and without reservation, of the terms and conditions stipulated below. Therefore, it is recommended that Users carefully read these Terms and Conditions, as well as the messages, instructions or warnings that are communicated to them while browsing or using the Platform, as they must comply with all of them.

Nexu Ring reserves the right to modify or update the Terms and Conditions at any time, due to regulatory requirements, for technical reasons, due to changes in the services offered by Nexu Ring or due to strategic decisions of the Company, by modifying or updating the text accessible to Users in these Terms and Conditions. In the event of carrying out any of the indicated modifications, the User will be notified prior to their implementation.

If the User does not agree with the changes, they must stop using the Platform and, if applicable, cancel any registration associated with the Platform. Continued use of the Platform after the changes have been made will be considered acceptance of those changes.

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Provision of Services

These Terms and Conditions constitute the entire agreement between the User and Nexu Ring regarding the use of the Services. The purpose of the Service is to provide insights to the User as collected by the Nexu Ring within the application as an interface. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Nexu Ring reserves the right to modify these Terms at any time without prior notice. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the changes.

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User Obligations and Accounts

As previously stated, the User must register on the Platform to benefit from the Services provided by Nexu Ring as outlined in these Terms and Conditions.

By registering on the Platform, the User agrees to make diligent, correct, and lawful use of the Platform and the Services, in full compliance with the law, morality, public order, and generally accepted customs.

The use of the password is personal and non-transferable, and its assignment to third parties is not permitted. Consequently, the User is solely responsible for the diligent use of their password, holding the Company harmless in the event of any misuse. In the event that a User or any third party becomes aware of or suspects the illicit use of their password, they must notify the Company as soon as possible.

The User guarantees to the Company that all personal information provided is accurate, truthful, and up-to-date. It is the User's responsibility to keep their data updated at all times, and the User is solely responsible for any inaccuracies or falsehoods in the data provided to the Company and for any damages that may be caused to the Company, the Professionals, or third parties.

If the User repeatedly provides false, erroneous, or outdated data or information, the Company may cease providing the Services and close the User's account on the Platform.

In this regard, the Company reserves the right to suspend and/or cancel the user account of a registered User on the Platform if such User fails to comply with the obligations set forth in these Terms and Conditions and/or any other document governing the relationship between the User and Nexu Ring, without the User being entitled to any compensation or indemnity.

Likewise, Users agree to make appropriate and lawful use of the Platform, in accordance with applicable law and these Terms and Conditions. Users must refrain from:

  • Making unauthorized or fraudulent use of the Platform;
  • Accessing or attempting to access restricted resources of the Platform;   
  • Using the Platform for illicit, illegal purposes, contrary to these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, or impede the normal use or enjoyment of the Platform;   
  • Causing damage to the Platform or the systems of its suppliers or third parties, and in particular, introducing or spreading computer viruses or any other physical or logical systems that are capable of causing damage to the systems of Nexu Ring, its suppliers, third parties, or other Users or Professionals;   
  • Providing false or third-party information and/or data without their authorization;
  • Impersonating third parties or harassing other Users, as well as using the Platform and its various possibilities in an offensive, harmful, or inappropriate manner according to the law, good faith, morals, and public order;
  • Attempting to access, use, and/or manipulate the data of Nexu Ring, third parties, or other Users and/or Professionals;
  • Applying reverse engineering techniques, deciphering, decompiling, or using any other system to know the source code of the Platform or any other element subject to copyright or intellectual or industrial property rights; and/or   
  • Modifying or attempting to modify the Platform or performing actions or using means intended to alter its appearance or functions.

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Limitation of Liability

IN NO EVENT SHALL NEXU RING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE, ARISING OUT OF OR IN CONNECTION WITH THE NEXU RING, THE SERVICES, OR ANY CONTENT ASSOCIATED THEREWITH. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NEXU RING HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES, 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXU RING’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE NEXU RING OR THE SERVICES, WHICHEVER IS LESS. 

Nexu Ring does not guarantee the availability and continuity of the Platform's operation. Consequently, Nexu Ring shall in no event be liable for any damages that may arise from:

  • The unavailability or inaccessibility of the Platform;
  • Interruptions in the operation of the Platform or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system, or other electronic systems, produced in the course of their operation;   
  • Errors or delays in the User's access to the Platform when entering their data in the registration form, slowness, or any anomalies that may arise when these incidents are due to problems in the internet network, acts of God or force majeure, and any other unforeseeable contingency beyond Nexu Ring's good faith;   
  • Losses, damages, or harms of any kind arising from accessing and using the Platform, including but not limited to those caused to computer systems or those caused by the introduction of viruses and/or cyberattacks;
  • The truthfulness, integrity, or updating of information that is not of its own creation; and/or
  • Other damages that may be caused by third parties through unauthorized intrusions beyond Nexu Ring's control.

Without prejudice to the foregoing, if any User or third party identifies a possible violation of any of the foregoing rights or any other unlawful conduct, they may notify Nexu Ring at the email address: [email protected]

Nexu Ring does not guarantee the absence of viruses or other elements on the Platform introduced by third parties outside of it that may cause alterations in the User's physical or logical systems or in the electronic documents and files stored in their systems. Consequently, Nexu Ring shall in no event be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the User's physical or logical systems, electronic documents, or files.  

Nexu Ring does not guarantee that unauthorized third parties cannot know the conditions, characteristics, and circumstances under which Users access the Platform. Consequently, Nexu Ring shall in no event be liable for any damages that may arise from such unauthorized access.

By accepting these Terms and Conditions, Users declare that they will hold Nexu Ring harmless from any claim against it, its parent company, directors, partners, employees, lawyers, and agents arising from the breach or violation, by the Users, of any provision contained in these Terms and Conditions, of any applicable law or regulation, or of any rights held by third parties.

In any case, Nexu Ring shall only be liable for damages that Users may suffer as a result of a deliberate act, or gross negligence on its part, in relation to access to the Platform, the provision of its services, or the use of the content, tools, and functionalities of the Platform.

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Third-Party Links

Nexu Ring does not control the content of other websites that can be accessed from the Platform or through links provided on the Platform. Therefore, Nexu Ring is not responsible for the information contained on such sites or for any consequences that may arise from such information. Nexu Ring provides these links solely for the convenience of users, and this should not be interpreted as an endorsement or sponsorship by Nexu Ring of the content of such websites. Nexu Ring does not offer any warranty, express or implied, regarding the truthfulness, ownership, validity, or legality of any of the linked sites and their content.

If any user or third party observes that the content that this Platform allows access to through links may be contrary to laws, morality, or public order, they should inform Nexu Ring via email at: [email protected]

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Indemnification

In the event that Nexu Ring, its group companies, or any other person involved in the creation, production, and distribution of this Platform suffers any damages, losses, or costs (including attorneys' fees) as a result of a breach by the Users of these Terms and Conditions, the Users shall be obligated to fully compensate for the damages caused. The foregoing shall apply, in particular, but not limited to, cases where, as a result of breaches by the Users, claims are made by third parties against Nexu Ring or any of its group companies. The Users shall hold Nexu Ring and its group companies harmless, who may claim from them any expense, cost, damage, or loss that may have arisen from their actions, provided that such expense, cost, damage, or loss is caused by the User's breach of these Terms and Conditions.

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Intellectual and Industrial Property Rights

This Platform belongs to Nexu Ring. Its content (including, but not limited to, its source code, trademarks, images, icons, designs, and general presentation) is protected, in accordance with Spanish, European, and international regulations, by copyright, registered trademarks, and other intellectual and industrial property rights owned by Nexu Ring, its group companies, or third parties. Access to this Platform does not confer, nor can it be interpreted as, any authorization or license of any kind over such content and rights.

Likewise, certain trade names, trademarks, logos, slogans, drawings, fashion designs, and other materials displayed on this Platform belong to and/or are duly registered in the name of Nexu Ring or other entities. Users are not authorized to use any of these elements, the ownership of which shall remain, in any case, under the ownership of Nexu Ring or such entities.

Any act of reproduction, distribution, transformation, or public communication, as well as any type of assignment, of all or part of the content of the Platform and/or, in general, any act of exploitation of all or part of the content (images, texts, design, indexes, forms, etc.) as well as of the possible databases that the Platform may contain and of any object that is protectable under current legislation, especially in accordance with intellectual and industrial property regulations, is expressly prohibited.  

In particular, Users may not, under any circumstances, exploit or commercially use, directly or indirectly, in whole or in part, any of the content that makes up the Platform, nor modify, copy, distribute, transmit, exhibit, publicize, sell, and/or grant licenses of any content of the Platform or create works derived from them, without the prior written authorization of Nexu Ring and, where appropriate, also of its owner. Any authorization or license on the Platform and its content does not imply, under any circumstances, the waiver, transmission, or assignment, total or partial, of any of the aforementioned rights.  

Users may, occasionally, print copies of the individual pages of the Platform, provided that they do so for their personal, non-commercial use, and maintaining, without alterations, the signs referring to copyright, trademarks, and any other identification concerning the rights of Nexu Ring or third parties. The making of any other type of copy, whether in electronic, paper, or other format, is completely prohibited.

Nexu Ring expressly reserves all civil and criminal actions, under Spanish and foreign legislation, that may correspond to it as a consequence of the violation of the peaceful possession and/or unauthorized use of its industrial and intellectual property rights.   

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Data Protection

The controller of the personal data collected through the Platform is MH CASA TECHNOLOGY SPAIN S.L.U., with NIF number B01600998 and registered office in Marbella (Málaga), Urbanización Parra Palomeras, Villa la Perla, number 1, CP 29602. Nexu Ring will use the data collected for the proper functioning of the Platform and the provision of Services and will be responsible for the processing of the data generated in accordance with the provisions of the Platform's privacy policy for the purposes of managing registration and access to it.

Nexu Ring stores the personal data of Users to the extent necessary to be able to use the data according to the purpose for which it was collected, and according to the legal basis for the processing thereof. The Company will keep the User's personal data while there is a contractual and/or commercial relationship with the User and as long as the User does not exercise the rights of opposition and/or deletion of the processing of personal data. In these cases, the Company will keep the data duly blocked, without giving it any use, as long as they may be necessary for the exercise or defense of claims or any type of judicial, legal or contractual responsibility may arise from its processing, which must be addressed and for which its recovery is necessary.   

The personal data collected through the Platform will not be transferred to any third party to be used for their own purposes other than those for which the User has consented to its processing. Notwithstanding the foregoing, at the time the User registers on the Platform and/or proceeds with the request for the provision of Services, the Company will share the Users' personal data with the following third-party recipients:  

  • Authorities or public bodies. The Company may disclose the personal data collected in specific cases where such communication is established and is required by applicable regulations; or when so required by the competent authorities.

Likewise, Nexu Ring has third-party companies that help it to be able to provide Services to Users. Therefore, these third-party companies act as sub-processors of User data. Users can check the list of these sub-processors at the following link. In this regard, Nexu ensures that all its data sub-processors act confidentially, loyally and in compliance with applicable data protection regulations. The aforementioned recipients may host some of their data outside the European Union and the European Economic Area. The foregoing could imply an international transfer of data. In this sense, the Company is concerned that such resulting international transfers are subject to any of the appropriate safeguards described in the applicable regulations, such as the signing of standard data protection clauses.

In accordance with the provisions of data protection regulations, the User has the rights of access, rectification, portability and deletion of their data and to the limitation or opposition to its processing; the right to file a complaint with the AEPD.

Finally, the User can consult the detailed information about our data protection policy and how to exercise their data protection rights here.

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Period of Validity and Termination

The period of validity of these Terms and Conditions shall commence on the date of completion of registration on the Platform and shall continue until either Nexu Ring or the User terminates the relationship.

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Notifications

Nexu Ring may make the appropriate notifications through the email address and telephone number provided by the Users in the registration form.

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Assignment

Users may not assign their rights and obligations under these Terms and Conditions without the prior written consent of Nexu Ring. Likewise, Nexu Ring may assign to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business by any title.  

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Safeguard and Interpretation

These Terms and Conditions constitute an agreement between each of the Users and Nexu Ring. If a competent authority declares any provision to be illegal, invalid or unenforceable, it shall be interpreted in the manner closest to the original intent of such provision.

Such a declaration with respect to one or more clauses shall not prejudice the validity of the remaining ones. The fact that Nexu Ring does not demand strict compliance with any of the stipulations contained in these Terms and Conditions does not constitute, nor can it be interpreted in any case, as a waiver on its part to demand its strict compliance in the future.

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Applicable Law and Jurisdiction

Except in cases where applicable current regulations require submission to a different legislation, this Platform, its contents and services, the relationships between Users and Nexu Ring, as well as these Terms and Conditions shall be governed by and interpreted in accordance with Spanish law.

Except in cases where applicable current regulations require submission to a different jurisdiction, such as that of the courts and tribunals of the User's domicile, which shall be strictly respected if it proves to be imperative; any question or dispute arising from or relating to this Platform, its contents and services, the relationships between Users and Nexu Ring, as well as these Terms and Conditions shall be submitted to the courts and tribunals of Madrid.

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Last Updated: 20th of October, 2024