These Terms govern
in a legally binding manner. Words in uppercase are defined in the dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
Angelo Mileto
Plaza de la Feria, 35003 Las Palmas de Gran Canaria
NIF:Y4521525S
Gran Canaria (Spain)
Owner’s contact email: info@metricalgo.com
What the User should know at a glance
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional terms of use or access may apply in specific scenarios and in such cases are also indicated within this document.
By using this Application, Users confirm that they meet the following requirements:
Account Registration
To use the Service, Users must register or create a User account, providing all requested data or information in a complete and truthful manner.
Failure to comply will result in the unavailability of the Service.
Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also required to choose passwords that meet the highest standards of security permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to inform the Owner immediately and unequivocally through the contact details provided in this document if they believe that their personal information, including but not limited to User accounts, access credentials, or personal data, has been violated, improperly disclosed, or stolen.
Account Termination
Users can terminate their account and stop using the Service at any time by doing the following:
Suspension and Cancellation of the Account
The Owner reserves the right, at its sole discretion, to suspend or cancel at any time and without notice, User accounts it deems inappropriate, offensive, or in violation of these Terms.
The suspension or cancellation of User accounts does not entitle Users to any claims for compensation, damages, or reimbursement.
The suspension or cancellation of accounts due to reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned by or provided by the Owner or its licensors.
The Owner makes every effort to ensure that the content provided on this Application does not violate applicable legal provisions or third-party rights. However, it might not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Diritti sul contenuto su questa Applicazione – Tutti i diritti riservati
The Owner holds and reserves all intellectual property rights for such content.
Users are not permitted, therefore, to use such content in any way that is not necessary or implied in the proper use of the Service.
In particular, but without limitation, Users are not permitted to copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Application, the User may download, copy, and/or share some content available through this Application for their personal and non-commercial use only, provided that copyright attributions and all other attributions required by the Owner are properly implemented.
Any statutory limitation or exception to copyright shall remain unchanged.
Content provided by Users
The Owner allows Users to upload, share, or provide their content to this Application.
By providing content to this Application, Users confirm that they have the legal right to do so and are not violating any statutory provisions and/or third-party rights.
Rights over content provided by Users.
Users acknowledge and accept that by providing their content on this Application, they grant the Owner a non-exclusive, fully paid-up, royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in relation to the content they provide to this Application.
Users acknowledge, accept, and confirm that all content they provide through this Application is provided subject to the same general conditions set out for the content on this Application.
Liability for content provided
Users are solely responsible for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block, or rectify such content at its own discretion and to deny, without notice, the User who uploaded it access to this Application.
The removal, deletion, blocking, or rectification of content shall not entitle Users who provided such content or who are responsible for it, to any claims for compensation, damages, or reimbursement.
Users agree to indemnify the Owner from and against any claims made and/or damages suffered due to the content they provided to or through this Application.
Access to external resources
Through this Application, Users may have access to external resources provided by third parties. Through this Application, Users may have access to external resources provided by third parties.
The conditions that shall apply to any resource provided by third parties, including those pertaining to any potential granting of rights in the content, arise from the terms and conditions of such third parties or, in the absence of these, from the applicable law.
Acceptable use
This Application and the Service may only be used within the scope for which they are provided, in accordance with these Terms and the applicable law.
Users are solely responsible for ensuring that their use of this Application and/or the Service does not violate any law, regulation, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying Users access to this Application or the Service, terminating contracts, reporting any improper behavior carried out through this Application or the Service to the relevant authorities – such as judicial or administrative authorities – whenever Users engage or are suspected of engaging in any of the following activities:
Software license
All intellectual or industrial property rights and any other exclusive rights on software or technical applications incorporated or related to this Application are held by the Owner and/or its licensors.
Notwithstanding the respect of Users and regardless of any differing provision in these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means incorporated in the Service within the scope and for the purposes of this Application and the Service offered.
This license does not grant Users any rights to access, use, or disclose the original source code. All techniques, algorithms, and procedures contained in the software and in any documentation related to it are the exclusive property of the Owner or its licensors.
All rights and licenses granted to Users will terminate immediately upon termination or expiration of the Agreement.
Without prejudice to the above, under this license, Users may download, install, use, and run the software on the permitted number of devices, provided that such devices are standard and up-to-date in terms of technology and market standards.
The Owner reserves the right to release updates, corrections, and further developments of this Application and/or its related software and to provide them to Users free of charge. Users might need to download and install such updates to continue using this Application and/or its related software.
New versions may be available only upon payment of a fee.
The User shall download, install, use, and run the software on a single device.
GENERAL SALES CONDITIONS
Paid Products/Services
Some of the features provided on this Application, as part of the Service, are provided on the basis of recurring payment (subscription or “rental”).
Pricing plans, duration, and conditions applicable to the purchase of such Services are described below and in the dedicated sections of this Application.
Service Description
Prices, descriptions, or availability of the Services are outlined in the respective sections of this Application and are subject to change without notice
While the Services on this Application are presented with the highest technical accuracy possible, the representation on this Application through any means (including, if applicable, graphical material, images, colors, and sounds) is for reference only and it does not imply any warranty regarding the characteristics of the purchased Service.
The characteristics of the chosen Service will be outlined during the purchase process.
Purchase Process
Any step taken from choosing a Service to the submission of the order is part of the rental or subscription process.
The subscription process includes these steps:
Order Acceptance
The refusal of an order does not give the User the right to file any claim against the Owner, including compensation for damages.
All notifications related to the described purchase process will be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchase process and before the order submission, about any fees, taxes, and costs (including, if applicable, delivery charges) that will be charged.
The prices on this Application are displayed:
Payment methods
Information regarding the accepted payment methods is available during the purchase process.
Some payment methods may only be available subject to additional conditions or fees. In such cases, the related information can be found in the dedicated section of this Application.
All payments are processed independently through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is declined by the payment service provider, the Owner has no obligation to fulfill the purchase order. Any costs or fees resulting from the failed or declined payment will be borne by the User.
Payment of the price in installments.
Payment in installments is not provided unless the third-party payment processor allows it. In such cases, the owner is not responsible for that transaction, and the activation will be subject to the agreements between the owner and the third-party payment manager.
Specific products may be excluded from this payment model.
Retention of product ownership
Until the total purchase price is received by the Owner, the ordered Services will not become accessible to the user.
Retention of usage rights
Users do not acquire any rights to use the purchased Service until the total purchase price is received by the Owner.
DELIVERY
Delivery of digital content
Unless otherwise specified, digital content purchased on this Application is delivered via access to subscriber-restricted areas.
Users acknowledge and agree that to download and/or use the Service, the intended device(s) and its related software (including operating systems) must be legal, commonly used, up-to-date, and in line with current market standards.
Users acknowledge and accept that the ability to access the rented service may be limited in time and space.
Subscription Cancellation Policy
Users have the right to cancel their subscription with MetricAlgo.com at any time without any obligation. The cancellation of the subscription can be done through the settings of one’s account or by contacting customer service.
Refund Policy
Given the nature of the subscription or “rental” of the service, no refunds are provided for already paid subscription periods. Once canceled, the subscription will not be renewed in the next billing cycle, but no refunds will be made for the current subscription period.
Exceptions to the Refund Policy
There are some rare exceptions to our refund policy, such as errors on our part, and incorrect or duplicate payments. In such cases, users are encouraged to report the error through the provided contact form, describing the situation in detail. Every claim will be reviewed on a case-by-case basis, and if deemed valid, a refund will be issued.
Procedures for Exercising the Right of Withdrawal
In the event of valid exceptions for a refund, users may exercise their right of withdrawal by sending an unequivocal communication to the Owner expressing their intention to withdraw from the contract. Users can use the withdrawal form available in the “definitions” section of this document or can express their intention in any other suitable manner. To be valid, users must send the withdrawal notice before accessing the platform in question.
LIABILITY AND INDEMNIFICATION
Users from the United States
Exclusion of warranties
This application is provided strictly on an “as is” and “as available” basis. The use of the service is at the user’s own risk. To the fullest extent permitted by applicable law, the owner expressly excludes all conditions, representations, and warranties, whether express or implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the user from the owner or through the service shall create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet the Users’ requirements; that the Service will be available at a particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the user’s own risk, and users will be solely responsible for any damage to the user’s computer system or mobile device, or for the loss of data resulting from such download or the use of the Service by the users.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any linked website or service, and the Owner will not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The service may become inaccessible or it may not function properly with the user’s web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from the content of the service, the operation, or the use of this service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The aforementioned exclusions may not apply to Users. This Agreement grants Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers of liability and exclusions of liability under this agreement do not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damages.
Alcune giurisdizioni non consentono l’esclusione o la limitazione di danni incidentali o consequenziali, pertanto le limitazioni o esclusioni di cui sopra potrebbero non applicarsi all’Utente. I termini conferiscono all’Utente diritti legali specifici, e l’Utente potrebbe avere anche altri diritti che variano da giurisdizione a giurisdizione. The exclusions, limitations, and liability caps under these terms do not apply to the extent they are prohibited by applicable law.
Compensation
The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to legal fees and expenses, arising
GENERAL PROVISIONS
No Waiver
The failure of the Owner to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
To ensure the highest level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, providing adequate notice to the Users.
Within the bounds of the law, the Owner may also decide to suspend or terminate the Service entirely. If the Service is terminated, the Owner will cooperate with Users to allow them to retrieve Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to circumstances beyond the Owner’s reasonable control, such as “force majeure” events (e.g., labor actions, infrastructural failures, blackouts, etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application and its Service without the prior written permission of the Owner, granted either directly or through a legitimate reselling program.
Privacy Policy
To learn more about the use of their Personal Data, users can refer to the privacy policy of this Application.
Intellectual Property Rights
Notwithstanding any more specific provision of these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks – nominal or figurative – and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to These Terms
The Owner reserves the right to modify or otherwise amend these Terms at any time. In such cases, the Owner will adequately inform the User of such changes.
Such changes will only affect the User’s relationship with the Owner going forward.
The User’s continued use of the Service signifies their acceptance of the revised Terms. Se gli Utenti non desiderano essere vincolati dalle modifiche, devono smettere di utilizzare il Servizio. The refusal to accept the revised Terms may give each of the parties the right to terminate the Contract.
The previous applicable version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date on which the amended Terms will come into effect.
Assignment of the agreement.
The Owner reserves the right to transfer, assign, novate, or subcontract all or part of the rights or obligations arising from these Terms, taking into account the legitimate interests of the User. The provisions regarding changes to these Terms will apply accordingly.
Users are not permitted to assign or transfer their rights or obligations arising from these Terms in any way without the written permission of the Owner.
Contacts
All communications related to the use of this Application must be sent using the contact information provided in this document.
Severability
If any provision of these Terms is found or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.”
EU Users
If any provision of these Terms is or is deemed to be null, invalid, or unenforceable, the parties will do their best to amicably find an agreement on valid and enforceable provisions to replace the null, invalid, or unenforceable parts.
In the event that such an agreement is not reached, the null, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions, if so allowed or indicated by applicable law.
Without prejudice to the foregoing, the nullity, invalidity, or unenforceability of a particular provision of these Terms will not nullify the entire Agreement, unless the provisions excluded are essential to the Agreement, or of such importance that the parties would not have entered into the contract had they known the provision would not be valid, or in cases where the remaining provisions would result in an undue hardship for one of the parties.
Applicable law
These Terms are governed by the law of the jurisdiction in which the Owner is based, as specified in the relevant section of this document, without regard to conflict of law principles.
Exception for European Consumers
However, notwithstanding the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides a higher standard of consumer protection, such higher standards shall prevail.
Jurisdiction
The exclusive jurisdiction to decide on any dispute arising from or related to these Terms lies with the courts of the location where the Owner is based, as specified in the relevant section of this document.
Exception for European Consumers
The above does not apply to any User who qualifies as a European Consumer, nor to Consumers residing in Switzerland, Norway, or Iceland.
DISPUTE RESOLUTION
Amicable Dispute Resolution
Users may bring any dispute to the Owner who will attempt to resolve it amicably.
While users’ right to take legal action will always remain unaffected, in the event of any dispute regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User can submit the complaint, including a brief description and, if applicable, details of the order, purchase, or related account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
Online Dispute Resolution for Consumers
The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court method for resolving disputes related to and stemming from online sales and service contracts.
As a result, any European Consumer or Consumer residing in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from online contracts. The platform is available at the following link.
DEFINITIONS AND LEGAL REFERENCES
This Application
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User
Any User who does not qualify as a Consumer.
European (or Europe)
Applies when a User is physically present or has their registered offices within the EU, regardless of nationality.
Sample withdrawal form:
Addressed to:
Angelo Mileto
Plaza de la Feria, 35003 Las Palmas de Gran Canaria
NIF:Y4521525S
Gran Canaria (Spain) Info@metricalgo.com
I/We hereby give my/our notice that I/we withdraw from my/our sales contract of the following goods/for the provision of the following service:
_____________________________________________ “(insert a description of the goods/services that are subject to the respective withdrawal)
(sign if this form is notified on paper)
Owner (or We)
Refers to the natural or legal person that provides this Application and/or the Service to Users.
Product
A good or service available for purchase through this Application, such as physical goods, digital files, software, booking services, etc.
The sale of Products may be part of the Service.
Service
The service provided by this Application as described in these Terms and on this Application.
Terms
All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Refers to any natural or legal person who uses this Application.
Consumer
Any User who qualifies as a natural person accessing goods or services for personal use, or more generally, acts for purposes outside of their trade, business, craft, or profession.
