Terms and Conditions

Terms and Conditions

Dear users, we would like to inform you that the original legal texts of our app were written in Spanish. While we have made every effort to accurately translate these texts into other languages, we cannot guarantee the accuracy or completeness of the translations. Therefore, we kindly ask you to please review the original Spanish legal texts if you have any questions or concerns about our app's terms and conditions. If you choose to rely on the translations provided in other languages, please be aware that we are not responsible for any errors or omissions that may occur. Thank you for your understanding and continued support.

Introduction

This contractual document will govern the General Terms and Conditions of service contracting (hereinafter referred to as 'Terms') through the website atom.bio, owned by DR TECHNOLOGY, S.L. under the trade name ATOM.BIO, hereinafter referred to as the PROVIDER, whose contact details are also listed in the Legal Notice of this website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those that are in force at the time of registration of the user and/or the creation of the page will be applicable.

Contracts shall not be subject to any formality, except in the cases expressly indicated in the Civil and Commercial Codes, and in this or other special laws.

Acceptance of this document implies that the USER:

  1. Has read, understands, and comprehends the content herein.
  2. Is a person with sufficient capacity to contract.
  3. Assumes all obligations herein.

These Terms will have an indefinite validity period and will apply to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible for and complies with current legislation and reserves the right to unilaterally modify the Terms, without such modifications affecting the terms and conditions implemented prior to the changes.

Identity of the Contracting Parties

On one side, the PROVIDER of the services contracted by the USER is DR TECHNOLOGY, S.L., with its registered office at Benet Mateu, 30 - 7 2, 08034 Barcelona (BARCELONA), Tax ID (NIF) B44720969, and customer/USER service phone number +34 613 04 51 81.

On the other side, the USER, registered on the website with a username and password, for which they have full responsibility for use and safekeeping, is accountable for the accuracy of the personal data provided to the PROVIDER.

Purpose of the Contract

The purpose of this contract is to regulate the contractual relationship of the sale of goods or services established between the PROVIDER and the USER when the USER accepts the corresponding checkbox during the online contracting process.

The contractual relationship of sale entails the delivery of a specific service in exchange for a price determined and publicly displayed on the website.

Correction of Data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify DR TECHNOLOGY, S.L. via email at help@atom.bio to have the errors corrected as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting Procedure

The USER, in order to access the services offered by the PROVIDER, must be of legal age and register on the website by creating a user account. The USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR), concerning the protection of natural persons regarding the processing of personal data and the free movement of such data, as well as Organic Law 3/2018 of December 5 (LOPDGDD) on personal data protection, detailed in the Legal Notice and Privacy Policy of this website.

The USER will be responsible for all activities conducted through their account, committing to safeguard the confidentiality of their password and not sharing it with third parties. The USER agrees to immediately report any security breach or unauthorized use of their account.

The USER is required to maintain an active email address, for which they are the sole authorized user. All communications related to the activation, reactivation, cancellation of the account, or password recovery will be sent to the email address provided, making the management and monitoring of said email the USER's responsibility.

The USER may not use another person's or entity’s name, whether it is a public figure or a trade name protected by third-party rights, as their username. Offensive, vulgar, or obscene usernames are also prohibited. If claims or disputes arise regarding the use of usernames, the circumstances will be reviewed, and the PROVIDER reserves the right to request the USER to change their username. If the USER refuses to comply, their account may be suspended or canceled.

The USER acknowledges that identity theft constitutes a serious offense, and ATOM.BIO will cooperate with the appropriate authorities in the investigation of any violation. Additionally, illegal domain squatting or domain parking is prohibited, and ATOM.BIO reserves the right to reclaim and reassign usernames it deems created for such purposes.

The USER must not use their account in a manner that harms the integrity of the service, damages the company's reputation, infringes third-party rights, or violates applicable regulations. If the USER wishes to delete their account, they must notify help@atom.bio by email. Account deletion will be final, with no possibility of reactivation or recovery of associated data, and it is the USER's responsibility to back up any content they wish to keep.

ATOM.BIO reserves the right to modify the functionalities of the service, which may affect the USER's account.

Content

The user can publish, store, and share content on their page, being solely responsible for the legality, reliability, and appropriateness of such content. The user guarantees that they have all necessary rights to allow the publication of the content through the service and that such content does not infringe upon the rights of third parties.

ATOM.BIO strictly prohibits any content that includes text, images, audio, video, or games of an explicitly sexual nature. This includes, but is not limited to:

In addition to the above, the service does not allow content that:

Non-compliance with these rules may result in the suspension or cancellation of the USER's account without refund and without prejudice to other legal actions deemed necessary by the PROVIDER. ATOM.BIO reserves the right to modify these policies to comply with new regulations or improve its procedures.

Service Usage

The user's access to and use of the service will be subject to these terms and applicable legislation. The user agrees not to engage in activities that interfere with the proper functioning of the service or that may harm ATOM.BIO or other users. The following behaviors, among others, are prohibited:

ATOM.BIO reserves the right to take legal action against any misuse of the service that violates these terms.

Intellectual Property

All intellectual property rights over the service, the website, and its content, except for content provided by the user, are the exclusive property of ATOM.BIO or its licensors. The user has a limited, non-exclusive, and non-transferable license to use the service in accordance with these terms, and any use of the service that infringes ATOM.BIO's intellectual property rights is prohibited.

The user must use the resources provided by ATOM.BIO (such as images or graphics) exclusively on their page and in accordance with ATOM.BIO's guidelines.

Privacy and Data Protection

All data, and any intellectual property rights associated with them, created or generated by us or the Service as a result of your use, End Users' use, or other users' use of the Service or Content, will be our exclusive property.

We may provide you with data or data visualizations as part of the Service. We do not guarantee the accuracy or completeness of the analysis of such data, although we commit to ensuring that the information provided is as accurate and complete as possible.

Our Privacy Policy governs the collection, use, and disclosure of personal information related to the Content created by the user through the use of the Service, particularly for ATOM.BIO's commercial and promotional purposes. This information may include the user's personal data.

Confidentiality

If we share with you information that is confidential, or that a reasonable person would consider confidential, you agree to keep such information strictly confidential, applying appropriate security measures to prevent any unauthorized disclosure or access.

If you choose to contribute to the Service by sending us ideas or suggestions for new products, services, features, modifications, improvements, content, promotions, or any other material, the following conditions will apply:

  1. We will have no obligation to review, consider, or implement your suggestions, nor to provide feedback on them.
  2. Suggestions will be submitted on a non-confidential basis, and we will have no obligation to maintain their confidentiality or refrain from using or disclosing them in any way.
  3. You grant us a perpetual, irrevocable, transferable, royalty-free license to reproduce, distribute, modify, create derivative works, and otherwise use and exploit the comments and suggestions you submit, for any purpose and without restriction.
Liability and Disclaimers

The user agrees that we will not be responsible for any damages arising from the use of the Service or the copying, distribution, or downloading of its content. In no event will we be liable for indirect, punitive, special, incidental, or consequential damages (including, but not limited to, loss of business, income, profits, use, privacy, data, reputation, or other economic harm), regardless of the cause, whether due to contractual or extra-contractual breach (including negligence), even if we were advised of the possibility of such damages.

The user will be solely responsible for implementing appropriate security measures and backing up the data, content, and equipment used in connection with the use of the Service. No claims against us will be admitted for loss of data, delays in work, inaccurate instructions, or loss of profits resulting from the use of the Service.

The user agrees to indemnify us for any loss we suffer as a result of their breach of these terms of service, or any third-party claims related to the content they have provided.

Our liability to the user under these terms or in connection with the Service will not exceed the amount of fees the user has paid for the Service at the time the claim arises. This limitation of liability will apply regardless of whether the claim is based on contract, negligence, or another legal principle.

Use of the Service is at the user's sole responsibility. The Service is provided 'AS IS' and 'AS AVAILABLE,' without any warranties, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that:

  1. The Service will operate uninterruptedly, securely, or be available at all times.
  2. The Service will be free of errors, viruses, or other harmful components.
  3. The results obtained from using the Service will meet the user's expectations or requirements.

This disclaimer covers any damages caused by performance failures, errors, interruptions, data deletion, defects, transmission delays, viruses, communication line failures, unauthorized access, or any other cause of action.

Third-Party Services

We may include access to features provided by third parties (e.g., payment portals) as part of the Service. These terms of service will apply to the fullest extent permitted by law. Nothing in these terms is intended to exclude, restrict, or modify the user's non-waivable rights under applicable law.

Unless explicitly stated, we do not endorse third-party products or services, and any use of such products or services will be subject to independent terms and conditions, which the user is responsible for reviewing and accepting. Failure to comply with these terms may result in suspension or cancellation of the user's account.

Right to Remove Your Account

We reserve the right to suspend or cancel your user account if you fail to comply with these terms of service. Depending on the severity of the violation, we may choose not to exercise this right immediately, but in the case of repeated or material violations, we will proceed to suspend or cancel your account.

If you encounter any issues with the Service or these terms of service, please contact us at help@atom.bio. We will attempt to resolve the matter in good faith before taking legal action, agreeing to allow at least one month to try to resolve the conflict amicably.

Review Procedures

To meet quality standards and maintain the trust of advertising brands and platforms, ATOM.BIO has implemented a review process for content published on all user pages. Currently, each page is manually reviewed by our team before including advertisements; and from the traffic each page receives, constant monitoring is performed to ensure compliance with our quality policies and established regulations by advertising platforms.

Additionally, ATOM.BIO is in the process of incorporating an artificial intelligence tool for identifying inappropriate content. The AI will help quickly identify prohibited content, but all reviews will include a final verification by a team member to ensure compliance with required standards.

By publishing content on the service, the user grants ATOM.BIO a non-exclusive, free, and global license to use, publicly display, and distribute such content as part of the service. The user retains all rights to their content, assumes responsibility for protecting it, and accepts that other service users may use their content in accordance with these terms and conditions.

The user declares that:

  1. The content is their property or they have the right to use it and grant the necessary license rights.
  2. The publication of their content does not infringe the privacy, publicity rights, copyrights, contractual rights, or any other rights of third parties.
  3. The content will not encourage violations of laws, regulations, or applicable codes, nor will it be obscene, defamatory, discriminatory, offensive, or violative of privacy or trust.
  4. The content will not contain misleading, malicious, or harmful elements, nor constitute unauthorized advertising.
  5. The content will not discredit ATOM.BIO or its services.

The user agrees to maintain records proving their content complies with these terms and to make them available to ATOM.BIO upon request. ATOM.BIO reserves the right to modify or remove content it deems inappropriate or in violation of these terms.

The content published by the user will be public in nature, and they accept the risks associated with such disclosure. Additionally, ATOM.BIO may promote the user's content on its website and other third-party platforms it deems appropriate. By publishing content, the user also agrees to ATOM.BIO's Privacy Policy, which governs the collection, use, and disclosure of personal information related to content created by the user through the service.

The user will be solely responsible for interactions with visitors to their page and must comply with applicable regulations regarding the protection of personal data of their end users.

Subscription and Monetization through Advertisements

ATOM.BIO offers a free contact page creation service on its domain, allowing USERS to create and share their page with clients or followers. The PROVIDER reserves the right to include advertisements on these pages for monetization purposes, in collaboration with advertising platforms as third parties or through atom.bio’s own ads to promote the service and attract new users.

The USER has the option to subscribe to a premium atom.bio service, which allows them to remove advertisements from their personal page. This subscription has a monthly cost, detailed in the atom.bio/pricing/ section, and may be adjusted by the PROVIDER at any time with prior notification. The subscription is managed through the Stripe payment platform, and the USER must accept Stripe's terms of use to formalize their payment.

The subscription will become effective once the PROVIDER confirms the initial payment and will continue with automatic monthly renewals unless the USER decides to cancel it. The subscription can be canceled at any time, but the PROVIDER will not refund payments already made, with the service remaining ad-free until the end of the paid period.

If a USER registered on atom.bio opts not to subscribe, they accept the inclusion of advertisements on their contact page as part of the service's monetization model. USERS who generate significant traffic may be contacted to agree on special collaboration conditions, although in general, traffic generated by visits to USERS' pages does not imply compensation or revenue sharing.

Modifications to subscription terms will be promptly communicated to USERS, who will have the option to accept the new terms or cancel their subscription.

GENERAL TERMS OF CONTRACTING

Once a user account has been created and the terms and conditions accepted, the following contracting procedure will apply in compliance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE):

  1. General contracting clauses.
  2. Service activation.
  3. Right of withdrawal.
  4. Claims and online dispute resolution.
  5. Force majeure.
  6. Jurisdiction.
  7. General terms of the offer.
  8. Price and validity period of the offer.
  9. Transportation costs.
  10. Payment method, costs, and discounts.
  11. Subscription conditions and ad-free service cancellation.
  12. Purchase process.
  13. Severability and suspension or termination of the contract.
  14. Warranties and returns.
  15. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. SERVICE ACTIVATION

The PROVIDER will automatically activate the service as indicated in point 11 of these clauses, once payment is confirmed.

Since the order does not involve the physical delivery of any product, but rather the services contracted are activated directly from the website, the USER will have immediate access to these services after payment confirmation. The PROVIDER will inform the USER of the procedure to follow to access the service, if necessary.

Failure to Execute the Distance Contract

In the case of providing a service, it will be available from the moment the USER has made the payment, and it may be downloaded or activated according to the PROVIDER's conditions. Specifically, the removal of advertising will be activated immediately once payment is confirmed. In the case of domain contracting, the USER will receive an email confirming the order status, with an activation period of up to 72 hours.

If the contract cannot be executed because the domain acquired by the USER is not available within the expected timeframe, the USER will be informed of this unavailability. The USER will have the right to cancel the order and receive a full refund at no additional cost, without resulting in any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER in refunding the total amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for damages exceeding that amount.

The PROVIDER will not assume any responsibility if the service's download or activation cannot be completed because the information provided by the USER is false, inaccurate, or incomplete.

The provision of the service will be considered completed when the USER has activated the service.

3. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the sales contract in the case of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the obligation to provide information and documentation about the right of withdrawal, the withdrawal period will end twelve months after the expiration of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.

In any case, the right of withdrawal does not apply (art. 103 RDL 1/2007 of November 16) to contracts referring to the provision of services, once the service has been fully executed, when execution has begun with the prior express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by the provider, they will have lost their right of withdrawal; or to the supply of digital content not provided on a physical medium when execution has begun with the prior express consent of the consumer and user and with their acknowledgment that they are aware that, as a result, they lose their right of withdrawal.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be addressed as soon as possible and can be made through the following contact details:

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to courts of justice. This is facilitated through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will mediate between the parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not be held liable for any failure due to a force majeure event. The fulfillment of the obligation will be delayed until the force majeure event ceases.

6. COMPETENCE

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.

If any provision of these conditions is considered null or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected in any way, nor will they undergo any modification.

The USER declares to have read, understood, and accepted these Conditions in their entirety.

7. GENERAL TERMS OF THE OFFER

All sales and services offered by the PROVIDER are subject to these General Conditions. Any modification, alteration, or agreement that contradicts what is stipulated in the Commercial Proposal of DR TECHNOLOGY, S.L. or in these conditions, will only be effective if expressly agreed upon in writing and signed by the PROVIDER. In such a case, those specific agreements will prevail.

The PROVIDER reserves the right to make changes to the technical specifications, prices, and conditions of the services offered, including subscriptions, in response to technical advancements, service improvements, or changes in market conditions. These modifications will not affect services already contracted until the end of the paid period, unless otherwise agreed by the parties. In the case of subscriptions, any change in price or conditions will be notified in advance to the USER, who may accept the new terms or cancel their subscription before the next renewal, without affecting the services already enjoyed within the paid period.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes.

The prices applicable to each product are those published on the website and are expressed in EURO. The USER acknowledges that the economic valuation of some products may vary in real time.

Before making a purchase, the USER can review all the details of the estimate online: services, quantities, price, availability of the contracted domain, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.

Once the order is placed, the prices will remain unchanged whether the contracted domain is available or not.

Any payment made to the PROVIDER automatically includes the sending of a payment confirmation to the USER. If the USER requires an invoice, they must request it by sending an email to help@atom.bio. The invoice will be issued in PDF format and sent to the email address provided by the USER in the request.

For any information about the order, the USER can contact the PROVIDER's customer service phone line at +34 613 04 51 81 or via email at hello@gmail.com.

9. TRANSPORTATION COSTS

There are no transportation costs.

10. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER is responsible for economic transactions and offers the following payment methods for placing an order:

Security Measures

The website uses information security techniques generally accepted in the industry, such as SSL, secure page data input, firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER may obtain data for authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or may be considered illegal by credit card brands or the acquiring bank, which could damage their goodwill or negatively impact them.

The following activities are prohibited under card brand programs: the sale or offering of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.

11. SUBSCRIPTION TERMS AND CANCELLATION OF AD-FREE SERVICE

ATOM.BIO offers a premium subscription service that allows USERS to remove ads from their contact page. The conditions for this subscription are as follows:

12. PURCHASE PROCESS

Quotation (simulation or estimate)

Any service in our catalog can be reviewed before payment. This review will show the selected services, quantity, price, and total amount. Payment is finalized once accepted and payment details are provided.

Steps to place an order:

  1. Verification of billing details.
  2. Verification of the service delivery method (download, activation, etc.).
  3. Selection of payment method.
  4. Placing the order (purchase).

Once the order is processed, the system immediately sends an email to the PROVIDER's management department and another to the USER's email confirming the order.

Orders (purchase requests)

Advertising removal will be activated immediately once payment is confirmed. In the case of domain contracting, the USER will receive an email confirming the order status, with an activation period of up to 72 hours.

13. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be illegal, void, or unenforceable for any reason, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, if the USER fails to comply with the obligations established in this contract or any applicable legal provision, license, regulation, directive, code of practice, or policies.

When the PROVIDER exercises any of its rights or powers under this clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.

14. WARRANTIES AND RETURNS

Atom.bio is an online platform hosted on servers under the PROVIDER's responsibility, with SSL security certification and accessible via a web browser controlled by a username (email) and a password created by the USER.

Accessing or using the software requires an internet connection and the latest versions of current browsers, so the PROVIDER is not responsible for functionality on older versions.

The PROVIDER disclaims implied warranties of merchantability or fitness for a particular purpose and those arising from customary business practices.

The specifications of the contracted product are detailed in the service contract. Once the USER has accepted the conditions established in the contract and the service has been fully executed, the USER loses their right to return the contracted product and refund any amounts paid.

15. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish law in matters not expressly established. Any dispute arising from the provision of products or services covered by these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation, or where the property is located if it is immovable.