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Terms and conditions

1. PURPOSE AND GENERAL CONSIDERATIONS

1.1. These terms and conditions of use (“Terms of Use”) define the rules to access and use the website (hereinafter referred to as “Site”) of the ESI ROBOTICS.

1.2. The Terms of Use apply to all public and/or private entities wishing to be or already users of the ESI ROBOTICS.

1.3. ESI ROBOTICS, with head offices at Rua Academia FC Famalicão, nº58 4760-482 Esmeriz, Portugal, reserves itself the right to change, add or delete, in whole or in part, the Terms of Use, as well as to establish new Terms of Use. Such changes or additions to the Terms of Use will take effect after they have been published on the Site of the ESI ROBOTICS and Users are advised to consult them regularly. Users can read the updated version of the Terms of Use at any time as it is available at https://www.esirobotics.com/.

1.4. The Terms of Use must be fully fulfilled and, if at any time, the User would disagree with some of its provisions, the user will cease using the ESI ROBOTICS Website.

PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE IS DEPENDENT ON YOUR ACCEPTANCE, WITHOUT ANY RESERVE, CONDITIONS OR MODIFICATIONS.

2. INTELLECTUAL PROPERTY RIGHT

2.1. The ESI ROBOTICS Website is the property of ESI ROBOTICS and its content, including, namely trademarks, designs, logos, images, photographs, videos and software published or made available thereunder is protected under the Portuguese Law/Community legislation and/or international conventions, for intellectual property rights and/or related rights, belonging to or licensed to companies of the ESI ROBOTICS or to third parties.

2.2. The User may not copy, reproduce, publish, import, use or exploit, in any way, directly or through third parties, any information made available on the ESI ROBOTICS Site, either for commercial use or for other purposes, without the prior written permission of ESI ROBOTICS or of the third party holding such rights.

3. USE

3.1. As a condition for using the ESI ROBOTICS Website under the conditions set forth in these Terms of Use, the User undertakes to:

3.1.1. Respect the rights of the ESI ROBOTICS and third parties;

3.1.2. Respect and comply with these Terms of Use;

3.1.3. The User will not infringe good manners and respect all and any legal provisions, making a correct, responsible and appropriate use of the functionalities and content available on the ESI ROBOTICS Site, strictly respecting the Terms of Use;

3.1.4. The User will not, in any way, modify the software nor use modified forms of the software, namely in order to get unauthorized access to the Website of the ESI ROBOTICS or to any reserved content;

3.1.5. The User will not represent himself as someone else;

3.2. The User undertakes himself not to introduce into the ESI ROBOTICS Site any files or information that may interfere with the normal functioning of the ESI ROBOTICS Website, and shall take appropriate measures not to encourage the spread of any computer virus;

3.3. Any modification of the information made available on the ESI ROBOTICS Site as well as any other action that may cause damages and create a risk to the integrity of the ESI ROBOTICS Site, is strictly prohibited and may be punished in accordance with the legislation in force, giving rise to the obligation to pay compensation for all damages caused.

3.4. Should the User have doubts as to the authenticity of the information published on the ESI ROBOTICS Website, he shall request to ESI ROBOTICS, through other means of communication, the confirmation of these information.

3.5. ESI ROBOTICS reserves itself the right to, at any time, take all necessary measures, including restrictions or limitations on access, to ensure the integrity and security of the ESI ROBOTICS website or to prevent loss, misuse or modifications of the content made available therein.

3.6. ESI ROBOTICS may, at any time and for its sole convenience, modify, suspend or discontinue any of the functionalities or content made available on the ESI ROBOTICS Site without prior notice and without any obligation to indemnify third parties for such modification.

3.7. The User may use the contacts made available on the ESI ROBOTICS Site to clarify any doubts or to report any errors detected during the use of the site.

4. NEWSLETTERS

4.1. To subscribe Newsletters available on the ESI ROBOTICS Site, it is necessary to provide an email address and accept the Terms of Use. The User is responsible for the veracity of the information transmitted for the subscription to the Newsletters.

4.2. When subscribing Newsletters, optional information such as the name of the company, position held, and nationality may not be introduced.

4.3. ESI ROBOTICS reserves itself the right to, at any time, suspend, interrupt, or cancel the publication of Newsletters.

5. DATA TREATMENT, TRANSMISSION AND PROTECTION

5.1. By accepting the Terms of Use, the User accepts and gives his consent to the processing of personal data provided by him under the terms and in accordance with the Privacy Policy of ESI ROBOTICS, available at https://www.esirobotics.com/.

5.2. ESI ROBOTICS processes Users' personal data in accordance with applicable data protection legislation, in particular, in accordance with the General Data Protection Regulation, approved by Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 of April 2016 (“RGPD”) and the Data Protection Law, approved by Law No. 67/98, of September 26, or another that replaces it.

5.3. The User may, at any time, exercise his rights as the holder of personal data, namely, his right of access and rectification, right to oblivion and portability, limitation of processing, as well as opposition, upon written request to be sent by email to geral@esirobotics.com. In any case, the User may, when he considers that his personal data has been violated by ESI ROBOTICS, file a complaint with the National Data Protection Commission.

5.4. Although it maintains the appropriate technical means in place to prevent loss, misuse, alteration, unauthorized access and misappropriation of data provided or transmitted to ESI ROBOTICS, ESI ROBOTICS emphasizes and warns that security measures on the Internet are not impregnable, by that ESI ROBOTICS cannot guarantee that they will not be viewed by third parties.

6. RESPONSIBILITIES AND GUARANTEES

6.1. The ESI ROBOTICS’ website aims at informing about the activities and projects developed by the ESI ROBOTICS.

6.2. The information available on the ESI ROBOTICS Site may not be exhaustive, updated and accurate and may be linked to external websites over which ESI ROBOTICS has no control or responsibility.

6.3. ESI ROBOTICS will make every effort to minimize the inconvenience caused by any technical errors or failures. However, it is not possible to guarantee non-interruption or non-disruption of access to the ESI ROBOTICS Site, as some information or other content may have been created or developed in files or formats that are not free of errors.

6.4. ESI ROBOTICS does not guarantee the User, in any way, that:

6.4.1. The functionalities and content made available on the ESI ROBOTICS Site fulfil or are able to fulfil any needs or expectations of the User;

6.4.2. Any error in the software or content will necessarily be corrected.

6.5. No advice or information obtained by the User through the functionalities and content available on the ESI ROBOTICS Site will create any guarantee that is not expressed in these Terms of Use. 6.6. ESI ROBOTICS shall not be liable for any damages resulting from the improper use or from the inability to use the ESI ROBOTICS Website.

7. IP ADDRESSES

7.1. The User’s “IP Address” is a number assigned automatically by the User’s Internet Service Provider (ISP) to the computer that is being used.

7.2. The ESI ROBOTICS Website may obtain IP Addresses, together with the time of the visit and the page (s) visited as a means of managing the system, in order to collect and systematize information or to monitor its use.

8. COOKIES POLICY

The use of cookies by ESI ROBOTICS Website is based on the following Cookies Policy: https://www.esirobotics.com/en/cookie-policy/.

9. FINAL PROVISIONS, APPLICABLE LAW AND REGULATION OF DISPUTES

9.1. If any of the provisions of the Terms of Use is declared null, ineffective, or void, this will not affect the validity or effectiveness of the remaining clauses, which will remain fully in force.

9.2. The Terms of Use are governed in all aspects by the legislation in force in the Portuguese legal system.

9.3. In order to resolve any disputes, namely regarding the interpretation and application of the Terms of Use, as well as acts performed under them, which are not settled by agreement between the Parties, exclusive jurisdiction is assigned to the Judicial Court of the District of Porto, with express waiver of any other.