Legal notice

Purpose

We welcome you and invite you to read carefully the General Conditions of Use of this Website, which describe the terms and conditions applicable to it, in accordance with Spanish legislation.

These general conditions (hereinafter, the “General Conditions”) govern the use of the portal service (hereinafter, “Website”) that NORTH POINT SOLUTION, S.L. (hereinafter North Point or the Provider) makes available free of charge to Internet users, as well as the services and contents (hereinafter the “Services”) offered on the Website.

Access to the Website implies the unreserved acceptance of these general conditions of use, which the user states that he or she fully understands. The user is aware of and voluntarily accepts that the use of the Website and of the Services takes place, in all cases, under his or her sole and exclusive responsibility.

North Point reserves the right to modify any type of information that may appear on the Website, with no obligation to give prior notice or to inform users of such obligations, as well as the Services and the conditions required in order to use the Website or the Services, publication on the Provider’s Website being deemed sufficient. Consequently, the user must read the General Conditions carefully on each of the occasions on which he or she intends to use the Website.

About the provider

North Point provides the users of the Website with its identifying details in order to improve the user’s trust and the relationship with the user.

Company name

NORTH POINT SOLUTION, S.L.

Trade name

UPON Group

Registered office

Calle Museu, 4, 08911 Badalona (Barcelona), España

CIF / NIF

B66888413

Telephone

+34 902 02 70 91

Email

[email protected]

Registered with the Registry

Registro Mercantil de Barcelona, Tomo 39233, Folio 0155, Hoja 341170, Inscripción Primera

Domain name

www.irisneural.com

Conditions of access to and use of the Website

Free-of-charge nature of the access to and use of the Website

The provision of the Website service by North Point is free of charge for users and does not require the User’s prior subscription or registration. Nevertheless, the use of part of the Services may have to take place by means of the user’s subscription or registration and/or the payment of a price, in the manner expressly indicated.

IP addresses

The servers of the Website may automatically detect the IP address and the domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a duly registered server activity file that allows the subsequent processing of the data in order to obtain purely statistical measurements that make it possible to know the number of page impressions, the number of visits made to the web services, the order of visits, the access point, etc.

Obligation to make correct use of the Website and of the Services

The User undertakes not to use the Website and the Services offered on it to carry out activities contrary to the law and to respect at all times these General Conditions, as well as generally accepted morality and good customs and public order.

The User undertakes to refrain from using the Website and the Services for unlawful purposes or effects, contrary to that established in these General Conditions, harmful to the rights and interests of third parties, or which in any way may damage, disable, overload or impair the Website and the Services or prevent the normal use or enjoyment of the Website and of the Services by users.

North Point may interrupt access to its Website at any time if it detects a use contrary to the law, to good faith or to these General Conditions.

Means of obtaining contents

The User must refrain from obtaining, and even from attempting to obtain, information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Website (hereinafter Contents) or the Services by means of procedures other than those which, as the case may be, have been made available for that purpose or, in general, those habitually used on the Internet for that purpose, provided that they do not entail a risk of damage to or disabling of the Website and/or of the Services.

Changes to the Contents and Services

North Point reserves the right to make, without prior notice, such modifications as it deems appropriate to the Websites, being able to change, delete or add both the contents and the services provided through them and the way in which these appear presented or located on its servers.

Correct use of the Contents

The User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (a) using the Contents in a manner, for purposes or with effects contrary to the law, to generally accepted morality and good customs or to public order; (b) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Contents, unless the authorisation of the owner of the corresponding rights is held or this is legally permitted; (c) suppressing, evading or manipulating the “copyright” and other data identifying the rights of North Point or of their owners incorporated into the Contents, as well as the technical protection devices, the digital fingerprints or any information mechanisms that the Contents may contain; (d) using the Contents and, in particular, information of any kind obtained through the Website or the Services in order to send advertising, communications for direct sales purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as refraining from marketing or disclosing such information in any way.

Insertion of hyperlinks allowing access to the web pages of the Website and to the Services

Users and, in general, those persons who intend to establish a hyperlink between their web page and the Website (hereinafter, the “Hyperlink”) must comply with the following conditions: (a) the Hyperlink shall only allow access to the pages of the Website, but may not reproduce them in any way; (b) no hyperlinks shall be established with pages of the Website other than the home page or first page of the Website or of the Services; (c) no browser or border environment shall be created over the pages of the Website; (d) no false, inaccurate or incorrect statements or indications shall be made about the pages of the Website and the Services and, in particular, it shall not be declared or implied that North Point has authorised the Hyperlink or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which the Hyperlink is established; (e) with the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established shall not contain any trademark, trade name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to North Point; (f) the web page on which the Hyperlink is established shall not contain unlawful information or contents, contrary to generally accepted morality and good customs and to public order, nor shall it contain contents contrary to any rights of third parties. The establishment of the Hyperlink in no case implies the existence of relations between North Point and the owner of the web page on which it is established, nor the acceptance and approval by North Point of its contents or services.

Liability for damages

The User shall be liable for damages of any nature that North Point may suffer, directly or indirectly, as a consequence of the breach of any of the obligations arising from the General Conditions or from the law in relation to the use of the Website.

Security

North Point has adopted all the technical and organisational measures necessary to guarantee the security and integrity of the personal data that it processes, as well as to prevent its loss, alteration and/or access by unauthorised third parties. The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to the data. In order to achieve these purposes, the user/client accepts that North Point obtains data for the purposes of the corresponding authentication of the access controls.

Personal data

In order to use some of the Services, users must first provide North Point with certain personal data. North Point will process this data automatically in accordance with that established in the Privacy Policy of the Website.

Liability

North Point disclaims any type of liability arising from the information published on its website, provided that this information has been manipulated or introduced by a third party unrelated to it (for example, in forums, chats, blogs, comments, etc.). Nevertheless, and in compliance with the provisions of the LSSI-CE, North Point makes itself available to all users, authorities and law enforcement agencies in order to withdraw or, where appropriate, block any contents that might affect or contravene national or international legislation, the rights of third parties or morality and public order, bringing the facts to the attention of the competent authorities if necessary.

In the event that the user considers that there is any content on the Website that might be liable to fall within this classification, please notify the administrator of the Website immediately.

Exclusion of warranties and liability

Exclusion of warranties and of liability for the operation of the Website and the Services

Availability and continuity, usefulness and reliability of the Website

The Website has been reviewed and tested so that it works correctly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. Nevertheless, North Point does not rule out the possibility that certain programming errors may exist, or that events of force majeure, natural disasters, strikes or similar circumstances may occur that make access to the Website impossible.

Where this is reasonably possible, North Point will give prior warning of the interruptions in the operation of the Website and of the Services. Nor does North Point guarantee the usefulness of the Website and of the Services for the performance of any particular activity, or their infallibility and, in particular, although not exclusively, that users may effectively use the Website and the Services, or access the various web pages that make up the Website or those from which the Services are provided.

NORTH POINT EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE LACK OF AVAILABILITY OR OF CONTINUITY OF THE OPERATION OF THE WEBSITE AND OF THE SERVICES, TO THE FRUSTRATION OF THE USEFULNESS THAT USERS MAY HAVE ATTRIBUTED TO THE WEBSITE AND TO THE SERVICES, TO THE FALLIBILITY OF THE WEBSITE AND OF THE SERVICES, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO THE FAILURES IN ACCESS TO THE VARIOUS PAGES OF THE WEBSITE OR TO THOSE FROM WHICH THE SERVICES ARE PROVIDED.

Privacy and security in the use of the Website and of the services

North Point does not guarantee the privacy and security of the use of the Website and of the Services and, in particular, does not guarantee that unauthorised third parties may not become aware of the kind, conditions, characteristics and circumstances of the use that users make of the Website and of the Services.

NORTH POINT EXCLUDES ALL LIABILITY FOR DAMAGES OF ANY NATURE THAT MIGHT BE DUE TO THE KNOWLEDGE THAT UNAUTHORISED THIRD PARTIES MAY HAVE OF THE KIND, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAKE OF THE WEBSITE AND OF THE SERVICES.

Exclusion of warranties and of liability for the contents

Quality of the contents

North Point does not control or guarantee the absence of viruses or of other elements in the Contents that may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

NORTH POINT EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR TO THE PRESENCE OF OTHER ELEMENTS IN THE CONTENTS THAT MAY PRODUCE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF THE USERS.

Lawfulness, reliability and usefulness of the contents

North Point does not guarantee the lawfulness, reliability and usefulness of the Contents. NORTH POINT EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, OBTAINING OF OR ACCESS TO THE CONTENTS, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR THE DAMAGES THAT MAY BE DUE TO (A) THE BREACH OF THE LAW, OF GENERALLY ACCEPTED MORALITY AND GOOD CUSTOMS OR OF PUBLIC ORDER AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, OBTAINING OF OR ACCESS TO THE CONTENTS; (B) THE INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF TRADE SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF THE RIGHTS TO HONOUR, TO PERSONAL AND FAMILY PRIVACY AND TO THE IMAGE OF PERSONS, OF PROPERTY RIGHTS AND OF ANY OTHER NATURE BELONGING TO A THIRD PARTY AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, OBTAINING OF OR ACCESS TO THE CONTENTS; (C) THE CARRYING OUT OF ACTS OF UNFAIR COMPETITION AND UNLAWFUL ADVERTISING AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING AVAILABLE, RECEPTION, OBTAINING OF OR ACCESS TO THE CONTENTS; (D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, RELEVANCE AND/OR CURRENCY OF THE CONTENTS; (E) THE UNSUITABILITY FOR ANY KIND OF PURPOSE OF AND THE FRUSTRATION OF THE EXPECTATIONS GENERATED BY THE CONTENTS; (F) THE BREACH, DELAY IN PERFORMANCE, DEFECTIVE PERFORMANCE OR TERMINATION FOR ANY CAUSE OF THE OBLIGATIONS ENTERED INTO BY THIRD PARTIES AND OF THE CONTRACTS MADE WITH THIRD PARTIES THROUGH OR BY REASON OF THE ACCESS TO THE CONTENTS; (G) THE DEFECTS AND FAULTS OF EVERY KIND OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE OR OTHERWISE TRANSMITTED OR MADE AVAILABLE, RECEIVED, OBTAINED OR ACCESSED THROUGH THE WEBSITE OR THE SERVICES.

Truthfulness, accuracy, completeness and currency

North Point does not guarantee the truthfulness, accuracy, completeness and currency of the Contents.

NORTH POINT EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS AND/OR CURRENCY OF THE CONTENTS.

Exclusion of warranties and of liability for the services provided by third parties through the Website

Quality of third-party services

North Point does not control or guarantee the absence of viruses or of other elements in the services provided by third parties through the Website that may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

NORTH POINT EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR TO THE PRESENCE OF OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE THAT MAY PRODUCE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF THE USERS.

Lawfulness, reliability and usefulness of third-party services

North Point does not guarantee the lawfulness, reliability and usefulness of the services provided by third parties through the Website.

NORTH POINT EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR THE DAMAGES THAT MAY BE DUE TO:

(A) THE BREACH OF THE LAW, OF GENERALLY ACCEPTED MORALITY AND GOOD CUSTOMS OR OF PUBLIC ORDER AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE WEBSITE; (B) THE INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF TRADE SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF THE RIGHTS TO HONOUR, TO PERSONAL AND FAMILY PRIVACY AND TO THE IMAGE OF PERSONS, OF PROPERTY RIGHTS AND OF ANY OTHER NATURE BELONGING TO A THIRD PARTY AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE WEBSITE; (C) THE CARRYING OUT OF ACTS OF UNFAIR COMPETITION AND UNLAWFUL ADVERTISING AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE WEBSITE; (D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, RELEVANCE AND/OR CURRENCY OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, RECEIVED, OBTAINED, MADE AVAILABLE OR ACCESSIBLE BY MEANS OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE; (E) THE UNSUITABILITY FOR ANY KIND OF PURPOSE OF AND THE FRUSTRATION OF THE EXPECTATIONS GENERATED BY THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE; (F) THE BREACH, DELAY IN PERFORMANCE, DEFECTIVE PERFORMANCE OR TERMINATION FOR ANY CAUSE OF THE OBLIGATIONS ENTERED INTO BY THIRD PARTIES AND OF THE CONTRACTS MADE WITH THIRD PARTIES IN RELATION TO OR BY REASON OF THE PROVISION OF SERVICES THROUGH THE WEBSITE; (G) THE DEFECTS AND FAULTS OF EVERY KIND OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE.

Exclusion of warranties and of liability for the services and contents hosted outside the Website

The Website may make available to users technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories and search tools on the Website has the sole purpose of making it easier for users to search for and access the information available on the Internet.

North Point neither offers nor markets, by itself or through a third party, the products and services available on the Linked Sites. Nor does North Point previously control, approve, monitor or adopt as its own the products and services, contents, information, data, files, products and any kind of material existing on the Linked Sites. The user must therefore exercise the utmost prudence in the assessment and use of the services, information, data, files, products and any kind of material existing on the Linked Sites.

NORTH POINT DOES NOT GUARANTEE OR ASSUME ANY TYPE OF LIABILITY FOR DAMAGES OF EVERY KIND THAT MAY BE DUE TO:

(A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES; (B) THE MAINTENANCE OF THE SERVICES, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING ON THE LINKED SITES; (C) THE PROVISION OR TRANSMISSION OF THE SERVICES, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING ON THE LINKED SITES; (D) THE QUALITY, LAWFULNESS, RELIABILITY AND USEFULNESS OF THE SERVICES, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING ON THE LINKED SITES, ON THE SAME TERMS AND WITH THE SAME SCOPE AS SET OUT IN GENERAL CONDITION 7.2 AND 7.3 IN RESPECT OF THE CONTENTS AND OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE.

Exclusion of warranties and of liability for the use of the Website, of the services and of the contents by users

North Point has no obligation to and does not control the use that users make of the Website, of the Services and of the Contents. In particular, North Point does not guarantee that users use the Website, the Services and the Contents in accordance with these General Conditions and, where applicable, with the Particular Conditions that may be applicable, or that they do so diligently and prudently. Nor does North Point have the obligation to verify, and it does not verify, the identity of the users, or the truthfulness, validity, completeness and/or authenticity of the data that users provide about themselves to other users.

NORTH POINT EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MIGHT BE DUE TO THE USE OF THE SERVICES AND OF THE CONTENTS BY USERS OR THAT MAY BE DUE TO THE LACK OF TRUTHFULNESS, VALIDITY, COMPLETENESS AND/OR AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES AND, IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR THE DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE IMPERSONATION OF A THIRD PARTY CARRIED OUT BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE WEBSITE. TO THE USE OF THE WEBSITE, SERVICES OR CONTENTS MADE BY THE USERS.

No licence

All the trade names, trademarks or distinctive signs of any kind contained on the Website are the property of North Point and are protected by law. North Point does not grant any licence or authorisation of use of any kind over its industrial and intellectual property rights or over any other property or right related to the Website, the Services or the Contents.

Denial and withdrawal of access to the Website and/or the Services

North Point reserves the right to deny or withdraw access to the Website and/or to the Services, at any time and without the need for prior notice, to those users who fail to comply with these General Conditions or with the Particular Conditions that may be applicable.

Procedure in the event of infringement of intellectual property rights

In the event that any user or a third party considers that any of the Contents has been introduced on the Website in violation of his or her intellectual property rights, he or she must send a notification to North Point containing the following particulars:

(a) personal details: name, address, telephone number and email address of the claimant; (b) genuine or equivalent signature, with the personal details of the owner of the allegedly infringed intellectual property rights or of the person authorised to act in the name and on behalf of the owner of the allegedly infringed intellectual property rights; (c) precise and complete indication of the Contents protected by the allegedly infringed intellectual property rights, as well as of their location on the Website; (d) express and clear declaration that the use of the indicated Contents has been made without the consent of the owner of the allegedly infringed intellectual property rights; (e) express and clear declaration, under the responsibility of the claimant, that the information provided in the notification is accurate and that the use of the contents constitutes a violation of his or her intellectual property rights.

These notifications must be sent to: NorthPoint, [email protected]

Duration and termination

The provision of the Website service and of the other Services has, in principle, an indefinite duration. North Point is nevertheless authorised to terminate or suspend the provision of the Website service and/or of any of the Services at any time, without prejudice to what may have been provided in this respect in the corresponding Particular Conditions. Where this is reasonably possible, North Point will give prior warning of the termination or suspension of the provision of the Website service and of the other Services.

Applicable law and jurisdiction

For the resolution of all disputes or questions related to this website or to the activities carried out on it, Spanish legislation shall apply, to which the parties expressly submit, the Courts and Tribunals of BARCELONA being competent for the resolution of all conflicts arising from or related to its use.

In the event that any stipulation of this Legal Notice and General Conditions should prove unenforceable or void by virtue of the applicable legislation or as a consequence of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions unenforceable or void as a whole. In such cases, North Point shall proceed to modify or replace such stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original stipulation.