General terms and conditions of contract

This document sets out the general terms and conditions for the contracting of the service of the website www.savetheproof.com, owned by FULL DIGITAL S.L. with VAT number B-67207845, a commercial company whose registered office is located at C/Portugal 6º 2ª, 08027 Barcelona, and duly registered in the Commercial Registry of Barcelona, Volume 46395, Folio 103, Section 8, Sheet 518650, Entry 1.

The Service is provided to the Client as the recipient or end user thereof, strictly prohibiting the resale or commercialization of the Service, as well as the assignment of this Contract.

The Service is available to individuals over 18 years of age and established legal entities, with the decision-making center of the service provider company located in Barcelona, Spain.

These General Contracting Conditions are complementary to the General Terms of Use of the Website, and acceptance thereof is conditional upon prior acceptance of the same.

The Service consists of the provision of services by www.savetheproof.com as an independent third-party witness to certify the existence of a web browsing session and its content, a webpage (URL) and its content, and a file. The present contractual conditions aim to regulate www.savetheproof.com’s intervention in the certification of services requested by Users. By virtue of this intervention, www.savetheproof.com provides Users with electronic, computer, and telematic means by exercising the duties of an independent third-party witness, having been designated as such by the User’s will. This designation is ratified by the User’s access to the website www.savetheproof.com and the use of the means made available therein.

To use the Service, the User must expressly accept these terms and conditions of use (“Contract”) by activating the checkbox “I have read and accept the privacy policy and the contracting conditions” during the User account creation process. By activating this checkbox, the User confirms that they are of legal age, have read and understood the content of the Contract, and commit to comply with it. If the User has not read the Contract, does not agree with its content, or is not of legal age, they must refrain from using the Service.

To access and use the Service, the User must create a user account following the instructions provided on the website www.savetheproof.com, for which they will need a valid email address. Once the account is created, the User can top up prepaid credit or subscribe to a flat-rate subscription suitable for their needs, choosing from the available payment methods (credit or debit card).

Specifically, www.savetheproof.com offers Users the following Services, whose description and current fee table will be updated on the website:

2.1. Web Browsing Session Certificate
This type of certification is recommended for certifying a website where:

This system allows the user of www.savetheproof.com to navigate to the website they wish to certify using a web browser installed in a container (server) initiated at the request of www.savetheproof.com and to which the user does not have access. In this way, the user only remotely directs the navigation, but without the possibility of altering the content that is loaded since the connections with the server hosting the website to be certified are made by the www.savetheproof.com platform and not by the user.

The entire remote browsing session is recorded on video. Certification includes up to 30 minutes of internet browsing. Any files downloaded during the browsing session are certified. It includes up to 50 captures in the PDF certificate. Unlimited downloads of the certificate and unlimited views of the recording. When the user has viewed the content to be certified, the remote browsing session will be terminated and www.savetheproof.com will proceed to delete the container assigned to the service to ensure that any data entered by the client during browsing is effectively erased.

The www.savetheproof.com platform will generate a certificate (PDF file) with advanced electronic signature and qualified time stamp, which will include:

2.2. Web Page Certificate

This type of certification is recommended for certifying a website where:

This system allows the user of www.savetheproof.com to certify the content of a website by providing its URL. The User can preview the content to be certified prior to certificate issuance. Once issued, the User is allowed unlimited downloads of the certificate. The www.savetheproof.com platform will initiate a container (server) to which the user has no access of any kind, from which the URL indicated by the client will be loaded, and a certificate (PDF file) will be generated, signed with an advanced electronic signature and qualified time stamp that will include:

2.3. File Certificate

This type of certification is recommended for certifying files:

This system allows the user of www.savetheproof.com to certify any file they have access to, with a limit of 100MB per File, and unlimited downloads of the certificate. Through a form, the User will upload said file to the platform. The platform will calculate its SHA256 and a certificate (PDF file) will be generated, with an advanced electronic signature and a qualified time stamp, which will include:

2.4. API Service

This service is offered to automate the issuance of certificates by the User. The contracting of the API service is available through the website and includes:

2.5. WhatsApp to PDF

This service allows generating a PDF with the export of a chat from the WhatsApp messaging tool. The purpose of this tool is solely to facilitate message readability and does not provide any legal validity. The user of this tool could manipulate the messages before uploading them to the SaveTheProof platform, and consequently, the content of the resulting PDF would not reflect the real content of the conversation.

This warning is included on the service access page within the platform and on all PDFs generated using this tool.

It is also worth noting that the tool used to perform the export may not reflect some conversation data, such as WhatsApp calls or comments on images. Therefore, it is recommended that the user verify the content of the PDF before its disclosure.

This Agreement shall apply indefinitely as long as the user makes use of savetheproof.com and/or keeps his/her account active on the platform.

Completion

The user may terminate this Agreement unilaterally and without the need to plead just cause, it is sufficient to notify savetheproof.com of such decision by emailing  [email protected].

Termination of this Agreement, for any reason, will imply that Users will stop using the services offered by savetheproof.com thus removing the information that the User retains in his/her profile.

However, termination of this Agreement for any reason shall not affect the commitments made by the parties with respect to documents, certificates and electronic evidence which, with in light of this Agreement, savetheproof.com would have provided to Users in their capacity as an independent third party witness.

When creating a User account on www.savetheproof.com, we can offer a 7-day (calendar days) free trial period for training purposes. The objective of this trial period is to familiarize the User with the Service and to conduct necessary tests to obtain a certificate before recharging or subscribing to a plan. During this training period, the service can be used unlimitedly, and there is no requirement for the User to recharge balance or subscribe to a flat rate. After this training period, to continue using the service, the User will need to recharge balance or subscribe to one of the active flat rates. Each User can enjoy only one trial period.

Certificates issued during the free trial period will have a watermark indicating “training use,” rendering them non-probative. Certificates generated during the trial period and marked as “training use” cannot be altered or converted into certificates with probative value. If the user wishes for a certificate issued in training mode to have full probative value, they must recharge their account or subscribe to a flat rate and repeat the certification process.

All certificates hosted on www.savetheproof.com made during the training use trial period will remain available for a maximum of 30 days. After this period, FULL DIGITAL S.L. may proceed with their deletion.

This Agreement shall be applied indefinitely as long as the user makes use of www.savetheproof.com and/or maintains an active account on the platform.

Termination

The User may terminate this Agreement unilaterally and without the need to allege just cause at any time, simply by notifying FULL DIGITAL S.L. of such decision in writing by email to [email protected]. No subscription fees already paid will be refunded.

Termination of this Agreement, for any reason, implies that the Users cease to use the services offered by www.savetheproof.com.

Therefore, if the User wants to cancel their subscription and terminate the Agreement, they must download and save the Certificates properly, including all the information they wish to keep. The data will be blocked by FULL DIGITAL S.L. for a period of 6 years, after which it will be automatically deleted. During the blocking period, the data will not be accessed except under legal requirement.

The certificates are digitally signed using an advanced electronic signature with a qualified time stamp, with the LTV (Long Term Validation) feature activated, so that their validity can be verified independently of whether the user who requested it has terminated the relationship with the SaveTheProof service.

However, the termination of this Agreement for any reason shall not affect the commitments acquired by the parties in respect of the documents, certificates and electronic evidence that, as a result of this Agreement, www.savetheproof.com has provided to the Users in their capacity as an independent third witness.

The user may exercise their right to withdraw from the service within a period of 14 calendar days, provided that they have not generated any certificates outside the free period, in which case the amount paid will not be refunded.

FULL DIGITAL S.L. reserves the right to terminate the contract if it deems it necessary, notifying the User in writing of such decision. This communication shall contain the exact date of termination of the contract and the underlying grounds for such termination. In the event that the User has made advance payments for services not yet provided, such payments shall be refunded in full within the period stipulated in the contract termination notification.

5.1 Payment by Usage (Prepaid)

In the prepaid mode, the User can recharge the balance associated with their account via debit or credit card charges, with a minimum of €0.95. When the user wants to purchase a certification service, the price for the selected service will be deducted from their balance at that time. The price will be indicated before initiating the certification service, allowing the User to cancel the request before the charge is generated if necessary. All prices include indirect taxes and are available at www.savetheproof.com. The User’s balance does not have an expiration date. Upon successfully reloading, the user will automatically receive the purchase receipt to the email associated with the account. Users wishing to receive an invoice should provide their billing information in advance through the platform. If an invoice is required for a previously generated receipt before providing billing information, it must be requested by sending an email to [email protected], indicating the billing details and transaction identifier.

If, after recharging, the User is unable to access the website hosting the content to be certified from www.savetheproof.com due to technical limitations attributable to SaveTheProof, we will attempt to review and provide technical means to remedy the situation as soon as possible. However, we cannot guarantee that this will always be possible, in which case a refund of the recharge amount will be issued to the same payment method used. For this reason, we strongly recommend taking advantage of the free trial period and previews to perform all necessary tests for accessing and viewing the content to be certified.

5.2 Flat Rate Subscriptions

The types of flat rate subscriptions and their subscription amount will be published and updated on the website www.savetheproof.com: “Flat Rates.”

5.2.1 Automatic Renewal of Subscription Period

The User’s subscription to a flat rate does not obligate them to maintain any commitment and can be canceled at any time from the “My Subscription” section in their User account.

The flat rate subscription that the User has contracted will be valid for a subscription period of 30 calendar days from the contract date and will automatically renew for the same period, unless the User notifies that they do not want to renew the flat rate fee, at least one (1) day before the expiration of the current Subscription Period. However, canceling the flat rate subscription will not entitle the User to any full or partial refund of the paid fee, except in cases provided for by applicable law or this Agreement. In the absence of a flat rate, the User will maintain their account under the prepaid usage mode.

5.2.2 Payment

The User authorizes us to charge the entire flat rate fee and periodic renewals using the Payment Method selected by the User in the registration process. In any case, the User will remain responsible for any unpaid amounts. Renewals will not take effect unless and until they have been fully paid.

The option to contract the service based on the acquisition of credits is available only to companies/organizations (legal entities). These credits are the unit of measurement used for the Service usage, which will be deducted from the total contracted credits each time a User from the organization generates a certificate. The acquisition of credits will be through customized contracts according to the specific needs of the organization.

An organizational structure will be provided to the organization within www.savetheproof.com, including an administrator profile and user profiles, thus facilitating the management and supervision of the contracted credits’ usage. The organization will be responsible for managing its credits through this platform. The credit subscription service will have a duration of one year, with credits not consumed during this period expiring.

6.1. Payment

FULL DIGITAL S.L. will issue an invoice for the quantity of credits acquired by the organization for payment according to the method established in the proposal.

FULL DIGITAL S.L. will adopt the necessary technical and organizational measures in accordance with current legislation to ensure the confidentiality of communications. In any case, FULL DIGITAL S.L. will be exempt from any liability that may arise from the obtaining of confidential content, its use, or publication by the Client or third parties, and in general, from any actions or omissions that, not being attributable to FULL DIGITAL S.L., constitute a breach of the confidentiality of electronic communications.

In any case, the User is obligated to ensure that the obtaining of their certificates is at all times in compliance with this Agreement and applicable law.

FULL DIGITAL S.L. is not obligated, but may investigate the use of the Service to verify that the User complies with their obligations under this Agreement. In the event of non-compliance, we reserve the right to remove or make inaccessible the infringing content and/or, in more severe cases, suspend or even terminate the provision of the Service.

We commit to ensuring that our service is operational 98% of the time, calculated monthly. This percentage does not cover interruptions scheduled for service maintenance. However, unforeseen events or circumstances beyond our control may cause interruptions or failures in the service.

Occasionally, we may need to perform maintenance tasks, updates, or repairs on our infrastructure and systems. While these activities may cause temporary service interruptions, we strive to schedule them during periods of lower activity whenever possible. Planned maintenance interruptions are not included in the service availability calculation. Any intervention involving service interruptions exceeding 60 minutes will be communicated through our website.

Our SLA does not apply to any interruptions or performance issues of the service due to:

In the event that the monthly Service Level Agreement (SLA) falls below 95%, we commit to providing the User with a credit for use on the services of www.savetheproof.com, equivalent to the flat rate fee contracted by the User, and prorated over the remaining days until the next renewal. This credit will be applied automatically to their next invoice.

The User understands and agrees that FULL DIGITAL S.L. is the owner or licensee of all Intellectual Property Rights related to the Website, the Services, and the Certificates, with the exception of certificates generated by the User. Access to the Website and the use of the Services do not grant the User any rights over them.

The User owns all Intellectual Property Rights of the certificates they create or host on the Website, including screenshots, videos, and documents. The User grants FULL DIGITAL S.L. a non-exclusive, sublicensable, worldwide, revocable, and royalty-free license to use and host their certificates on any medium or platform, for an unlimited duration unless revoked, solely for the purpose of providing the Services, creating the Certificates, and conducting the Analysis. We will not access or use the User’s certificates in any way unless necessary for the provision of the Service, directly or through our employees or subcontractors.

We will not grant third parties access to the User’s certificates except as required by applicable law. However, the User authorizes us to create analyses using, in whole or in part, the certificates and information derived from the use of the Services, including, but not limited to, improving the Services, developing and training machine learning algorithms, verifying security, identifying trends and industry developments, creating indexes, and anonymous benchmarking (“Analysis”).

We will consider that the User has revoked the license granted to FULL DIGITAL S.L. if they delete their Certificates from the Website. However, the User understands and assumes that FULL DIGITAL S.L. has no control over Certificates distributed to third parties (e.g., evidence submitted to a court or sent to a third party) and, consequently, FULL DIGITAL S.L. has no obligation regarding content not hosted on its servers or not under its control.

If you accept this Agreement as a legal entity, you authorize us to mention on the Website that you are a user of the Services, and we may reproduce your brand or trade name on the Website to indicate this circumstance. If you do not wish to be identified as a user of our services, you can use the contact form available on the Website to communicate this circumstance, and we will proceed with the removal.

Regarding any suggestions made by the User about the operation of the Website or the Services, you authorize us to implement them without any restriction and without such implementation generating any compensation rights in your favor. In any case, we are not obligated to implement any suggestions we receive.

The company shall not be liable for technical failures due to fortuitous events or other circumstances that prevent normal operation of the service over the internet, including unavailability of the Website due to maintenance reasons or others that prevent access to the service. The company makes every effort to carry out the purchase, payment, and service process, however, it is exempt from liability for causes beyond its control, such as force majeure.

In general, the company shall not be responsible for any failure or delay in the fulfillment of any obligations assumed when it is due to events beyond the reasonable control of the company, i.e., force majeure events.

In the event of non-compliance, our maximum total liability under the Contract (and that of our affiliates, directors, and employees) shall not exceed the sums actually paid by you under the Contract. The existence of more than one claim shall not expand or extend this maximum limitation. You hereby waive all rights, obligations, liability, claims, or demands related to the Services that exceed this maximum limitation.

You are aware and understand that the price of the services has been calculated taking into account that our maximum liability shall not exceed what is indicated in the preceding paragraph, and that, if FULL DIGITAL S.L. were to assume any other liability beyond that established in this clause, the costs of the services would have been substantially higher.

Regarding the visualization of content to be certified through a browsing session or webpage: it is important to note that the visualization of content through access to it from www.savetheproof.com may differ from the content that the User views from their own device. This is due to cookie customization and browsing history on the User’s device. The remote browsing session initiated by www.savetheproof.com is exempt from this customization as it is generated from a virtual private server and is completely anonymous.

We use browser extensions and other tools to capture screenshots. We cannot guarantee that the content will be reproduced exactly as expected, and this is beyond our control. It is important for you to review the content of the certificates after their generation and validate that the reproduced content is as expected.

Regarding admission as evidence in judicial proceedings: Certificates verify the existence of specific content at a specific point in time and that said content, once certified, has not been altered. However, their admission or not in judicial, administrative, or any other proceedings, as well as the admissibility, validity, or relevance that may be granted to the certificates in the context of any proceedings, will depend on the guarantees provided by the method of obtaining the content and the criteria applied by the corresponding competent authority to which they are submitted, all of which are beyond our control. These certificates do not replace a proper analysis by a legal advisor. Therefore, FULL DIGITAL S.L. does not provide any warranty, express or implied, regarding the adequacy of the reports generated or their suitability for any purpose, whether or not as part of the processing of any type of proceeding, and expressly excludes any liability in this regard.

The electronic evidence generated by www.savetheproof.com, hereinafter Certificates, are judicially considered private documents. Private documents have evidential value in a trial if admitted by the court. Like any document, whether public or private, the opposing party may request its challenge. Certificates issued by www.savetheproof.com have widely recognized technical elements (advanced electronic signature and qualified timestamp), making their challenge difficult.

The authenticity and integrity of the Certificates generated by www.savetheproof.com can be easily validated through the online Certificate verification service by accessing: https://secure.savetheproof.com/verify

It should be noted that the challenge is aimed at questioning the authenticity of the document and not its value for the resolution of the proceeding, a valuation that the judge will make based on the rules of sound judgment.

In the event of a request, FULL DIGITAL S.L. will provide any technical information required by judicial, arbitration, or administrative bodies, either to audit the system used by www.savetheproof.com or to validate the authenticity of any document issued by FULL DIGITAL S.L.

The user of the Website may provide feedback or file a complaint by sending an email to [email protected]

FULL DIGITAL S.L. will comply at all times with the provisions of Regulation (EU) 2016/679 General Data Protection Regulation (GDPR). All information regarding the privacy policy can be found at: https://www.savetheproof.com/en/privacy-and-cookies-policy/.

Data retention periods: Once the provision of personal data processing services is completed or the contract is terminated, FULL DIGITAL S.L. will keep your data duly blocked for a period of 6 years, solely for the purpose of addressing any responsibilities that may arise. Once such responsibilities expire, your personal data will be deleted.

FULL DIGITAL S.L. may make modifications to this Agreement by notifying the Client at least one (1) month in advance of its entry into force. If the Client does not accept the new conditions and notifies FULL DIGITAL S.L. accordingly, they may terminate the Contract in advance without any penalty. If, after the one (1) month period from the notification by FULL DIGITAL S.L., the Client has not expressly expressed their disagreement, or if the Client uses the Service after the entry into force of the announced modification, it shall be understood that they accept the proposed modifications. Communication to the Client may be made, among other means, by prior notice of the modification via email to the user.

In the event of the suspension of activity by FULL DIGITAL S.L. or the cessation of its operations for any reason, written notice shall be provided to the User of the termination of the contract due to the suspension of commercial activity at least 30 days prior to the cessation, informing of the contract termination, deactivation of the service, and closure of the User account. During this period, if requested by the User, a .zip file with the certificates stored in their account will be provided.

Any matters not provided for in these General Terms and Conditions of Contract shall be governed by the current Spanish laws. Any dispute not resolved amicably shall be subject to the jurisdiction of the Courts and Tribunals of Barcelona, for legal entities, and those determined according to the current rules of procedural distribution for consumers and users, natural persons. The current version of the conditions will remain published on the Website for consultation. Therefore, it is the user’s responsibility to keep a copy of the accepted conditions for any subsequent claims.

Updated April 24th, 2024