These Terms and Conditions of Use for End Users (hereinafter, “Terms”) regulate the use and access to the “Observation Deck” platform (hereinafter, the “Platform” and/or “Observation Deck” interchangeably), owned by CLEARPEAKS, S.L.U. (hereinafter, “the Company”, “We” and/or “Us” interchangeably).
Acceptance of these Terms implies a binding contractual relationship between you (hereinafter, the “User”) and the Company.
By accessing and using the Platform, you acknowledge and accept the following Terms and Conditions.
The following identifying details of the owner of the Platform are set out:
Observation Deck is a digital executive analytics platform designed to encourage management collaboration and drive decision-making based on up to date KPIs and data.
Likewise, the Platform leverage all the investment made in existing BI content and data platforms.
The User declares to be over 18 years of age and to have sufficient legal capacity to enter into a contract.
In order to access the Platform, you will need to log in the Platform through the corporate email address. To access the services of the Platform, you must include your name in the profile section provided for this purpose on the Platform.
There are two types of Users in the platform:
Once the User completes the information for registering in the Platform, they will be able to access and use the different Services of the Platform.
In the event that the User provides any false, inaccurate or incomplete information or if the Company considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of such information, we may deny the User access to and use of the Software or any of its contents and/or services, whether now or in the future. In any case, the Company will inform the Customer of such facts, for better verification in case of fraud.
The User guarantees the authenticity and timeliness of all data included and/or communicated on the Platform and shall be solely responsible for any false or inaccurate statements made.
The Platform allows Users to access all information, data and analytics created by the Platform.
Users will have access to the following functionalities:
Likewise, the Administrator user will be able to access the “Administration panel” which contains a list with the name and e-mail address of all the users of the Platform.
In addition, the Users may create groups through the system enabled by the Platform to access and review the information and data provided in the Platform.
In general, the following behaviors and/or actions are prohibited, by way of example but not limitation:
The content published by the User is the sole responsibility of the User who publishes such content, exempting the Company from any kind of liability for any incident that such content may cause.
If you detect that a User is using the Platform for purposes other than those stipulated in these Terms, in an inappropriate and/or illegal manner, you should contact Us at the following e-mail address: finance@clearpeaks.com.
For its part, the Company reserves the right to delete and/or block any User account that it considers or has sufficient evidence that these Terms are being breached, regardless of any legal action that may be taken at any time.
The Company is not responsible for the authenticity, accuracy, reliability, legality, or any infringement of third-party rights by Users. In this regard, Users understand that ClearPeaks is an independent company that makes the Platform available to Users and assumes no liability whatsoever for the information provided to Users, nor for any damages or losses that third parties may suffer as a result of postings and/or breach of these Terms by Users.
Users are fully responsible for the access and correct use of their ClearPeaks account and other content of the Platform in accordance with the laws in force, whether national or international, as well as the principles of good faith, morality, good customs, and public order. Specifically, they undertake to diligently observe and comply with these Terms.
Users shall refrain from using their profile and other content of the Platform for illegal purposes or effects that are harmful to the rights and interests of third parties, or in any way damage, disable, affect or impair the Platform, its contents and services.
Those who fail to comply with such obligations shall be liable for any harm or damage they cause. The Company shall not be liable for any consequence, damage or harm that may arise from such unlawful access or use by third parties.
In addition to the foregoing, and to the extent permitted by law and except as otherwise provided in these Terms, in no event shall the Company be liable for any personal, incidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, related to the use or inability to use the Platform, regardless of the cause, regardless of the theory of liability (whether in contract, tort or otherwise) and even if the User has been advised of the possibility of such damages.
ClearPeaks shall be responsible for terminating the membership of users upon termination of the contractual relationship with the Company. Consequently, it shall be the Company itself that notifies ClearPeaks of such termination, and shall inform ClearPeaks of the exact date on which the user will no longer be able to use the services offered by ClearPeaks.
The contents related to trademarks, domain names, logos, drawings or documentation, including computer programs, or any element that may be susceptible to protection under Intellectual or Industrial Property legislation, which may be accessible to Users, are the property of ClearPeaks and/or ClearPeaks has a license, and all rights to use them are expressly reserved.
Any misuse of the Platform and/or software by the User in breach of the User’s obligations may result, at the Company’s discretion, in the termination of the account, or suspension of the Service until the incident is resolved, as the case may be.
Likewise, the User undertakes not to remove, delete, alter, manipulate or in any way modify:
The User acknowledges that, by virtue of this document, ClearPeaks does not assign or transfer to it any rights to its Intellectual and/or Industrial Property titles, or to any properties of third parties. ClearPeaks only authorizes the User to access and use the same in accordance with the terms set forth in these Terms and Conditions.
The User is not authorised to copy, distribute, transmit, communicate, communicate, modify, alter, transform, transfer or in any other way engage in activities involving the commercial use of ClearPeaks’s Intellectual and/or Intellectual Property rights, whether in whole or in part, without the express written consent of the legitimate owner of the exploitation rights.
ClearPeaks reserves all Intellectual and/or Industrial Property rights to which it is entitled.
ClearPeaks reserves the right to terminate or modify the licenses granted under this Agreement at any time and for any reason. Notwithstanding the foregoing, we may take legal action against any use by the User that:
Data Protection
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data, we inform you that the personal data we may collect will be incorporated into a file owned by ClearPeaks for processing, in accordance with the provisions of the aforementioned Regulation and the established procedure.
In the event of any complaint and/or incident attributable to the Company related to the Services, we have a complaints procedure that is initiated through the e-mail address finance@clearpeaks.com. Once this communication has been initiated, we will work together with the User to gather the necessary information about the complaint and/or incident.
The Company undertakes to reply to the User within a period not exceeding seventy-two hours (72 hours) from receipt of the complaint.
Likewise, the User may amicably resolve any incidents that may arise during the contractual relationship through the Platform promoted by the European Commission https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES.
If any of the clauses of these Terms is null and void or voidable, it shall be deemed not to have been included. Such declaration of nullity shall not invalidate the rest of the document, which shall remain in force and effective between the Parties.
In the event of any conflict or discrepancy arising in the interpretation and/or application of the Terms, the competent Courts shall be those provided for in the applicable legal regulations on jurisdiction.
We reserve the right to modify these Terms and Conditions at any time. In the event of any change to the Terms, these will be published on the Platform and the date of publication will be indicated, so that the User is aware of the date on which the modification has become effective. In any case, the User will be notified by electronic means of any updates to the Terms of Use prior to their publication on the Platform.
Date of publication on 22nd of June of 2023
