The latest version was saved by David Blanco Giró on 2017-01-05 17:36:30.
This is a very important document. You should read it carefully before deciding to use the services provided by Tractis.
This document is the English translation of the original one in Spanish ( https://www.tractis.com/contracts/326600474 ). This English translation is provided for user convenience, but it is not binding. The Spanish original is the only legally binding document between you and Tractis.
Tractis Terms of Service
0.1. About this document
This document contains the full text of the Terms of Service of Tractis Services (https://www.tractis.com/home/products). These Terms of Service, without prejudice to the personal terms or agreements that may eventually be set for your case, constitute a contract between you and Tractis and shall apply to the use you make of Tractis provided Services.
Registration as a user and using Tractis services imply full acceptance and without reserve of these Tractis Terms of Service.
0.2. On changes to these Terms
We can change these Terms of Service at any time by publishing a revised version on the Tractis website. The updated version shall be applicable from the moment of its publication.
Should the updated version of these Terms include in them, in Tractis sole judgment, a substantial Change, such change shall be notified to Users with at least 30 (thirty) Days advance notice, by including a notice when the User initiates a session in Tractis (https://www.tractis.com/login). If, in addition to this, users wish to receive an email informing of a Substantial change, they can subscribe to this option as their preference in the Alerts (https://www.tractis.com/alerts) section of their Account.
Users can consult former versions of these Terms of Service, as well as compare the changes made, by using the Versions button on this page.
In alphabetical order:
- "Application Programming Interface" or "API": Application programming interface that Tractis provides to third parties for these to build new applications or web services on the Tractis platform or to integrate in their existing systems.
- "Substantial Change" refers to a change in these Terms of Service reducing Users rights or increasing their responsibilities.
- "Terms of Service" refers to this contract, which includes all its subsequent changes.
- "Signed Contract" refers to a contract that has received Signatures from all Participants with “Signature” permits and, therefore, can no longer be edited.
- "Contract Creator" or "Creator of a Contract" refers to the person creating a contract.
- "Credit" refers to the Credit you have bought in your Tractis Account to be able to use Tractis Services.
- "Account" or "Tractis Account" refers to the User Account in Tractis.
- "Days" refers to calendar days.
- "Signature" refers to the act of electronically signing a Contract by using any of the Signature Methods allowed in the contract.
- "Merchant": Third party provider of services using Services from Tractis to enable the contracting of their services electronically.
- "Registration Methods" refers to any of the different forms of opening a Tractis Account given by Tractis to its Users.
- "Authentication Methods" refers to any of the different forms of identifying and verifying the identity given by Tractis to its Users.
- "Accepted Authentication Methods" refers to the list of Authentication Methods accepted by the Contract Creator or the Account Administrator.
- "Signature Methods" refers to the different forms for signing a contract provided by Tractis to its Users.
- "Accepted Signature Methods" refers to the list of Signature Methods accepted by the Contract Creator or the Account Administrator.
- "Negonation" refers to Negonation Platform S.L., a corporation registered in the Madrid R.M., Tome 32.829, folio 25, section 8, page M-374926, inscription 6, with C.I.F. B-84282029, and legal address at Calle General Pardiñas 114, 1-A, 28006, Madrid, España (hereinafter, “Tractis”).
- "Reseller”: Third party reselling Services from Tractis, be it through their website or blog (“Publisher”), referrals to their friends (“Recommender”) or direct sale to their potential clients (“Distributor”).
- "Services" refers to services and related products available through the Tractis website.
- "Rates" refers to the amounts stated in the “Rates” section of these Terms of Service.
- "Third-Party Developers" or "TPD": Developers using Tractis API to build their applications or web services over the Tractis platform or to integrate with their existing systems.
- "User", "you" o "your" refer to yourself and to any other person or entity using the Service.
2. Service Description
2.1. What is Tractis?
Tractis is a platform for secure electronic commerce based on the use of electronic certificates.
2.2. Tractis Services
Tractis offers the following families of services:
2.1.1. Tractis Identity
Tractis Identity (https://www.tractis.com/identity) gives the capacity to authenticate or verify on-line the real identity of users.
2.1.2. Tractis Signatures
Tractis Signatures (https://www.tractis.com/signatures) gives the capacity to create, negotiate and sign contracts 100% on-line and with full legal validity.
Tractis Signatures comprises the following services:
- Tractis Templates:
- Tractis Templates (https://www.tractis.com/templates) gives the capacity to create contract Templates, and to create Contracts from them.
- Tractis Contracts:
- Tractis Contracts (https://www.tractis.com/contracts) gives the capacity to sign contracts on-line with full legal validity off-line.
- Tractis acts, with regard to the contracts it stores together with other data and the parties’ declaration of intent, as a trusted third party under the terms in Article 25 of Law 34/2002, of July 11th, of Information Society Services an Electronic Commerce in Spain. Said data, based on which the signature date en time is recorded, are stored at least for five years, and can be recovered at any time and for free by any of the participating parties.
- Users can integrate Tractis Contracts in their website or client application using the Tractis Contracts API (https://www.tractis.com/api).
2.1.3. Tractis Webservices
Tractis Webservices (https://www.tractis.com/webservices) lets Users to access Tractis PKI infrastructure, on demand, on a Software-as-a-Service (SaaS) mode and paying for use only.
Tractis Webservices comprises the following services:
- Tractis Semantic Validation Authority (SVA):
- Tractis SVA (https://www.tractis.com/webservices/sva) lets Users validate electronic certificates, electronic signatures in the XAdES 1.3.2 format (including BES, T, C, X y X-L signature profiles) and time stamps in the format XAdES 1.3.2 or RFC 3161 (CMS)
- Users can integrate Tractis SVA on their website or client application using the Tractis SVA API (https://www.tractis.com/sva).
- For more information on Tractis SVA, consult the Tractis Validation Policy (https://www.tractis.com/sva_policy).
- Tractis Time Stamping Authority (TSA):
- Tractis TSA (https://www.tractis.com/webservices/tsa) lets Users generate time stamps in the XAdES 1.3.2 or RFC 3161 (CMS) formats.
- Users can integrate Tractis TSA on their website or client application using the Tractis TSA API (https://www.tractis.com/tsa).
- For more information on Tractis TSA, consult the Tractis Time Stamp Policy (https://www.tractis.com/tsa_policy).
- Tractis Long Term Archive (LTA):
- Tractis LTA (https://www.tractis.com/webservices/lta) lets Users preserve electronic evidences by means of time stamp chains.
- Users can integrate Tractis LTA on their website or client application using the Tractis LTA API (https://www.tractis.com/lta).
- For more information on Tractis LTA, consult the Tractis Long Term Archive Policy (https://www.tractis.com/lta_policy).
2.1.5. Tractis Hardware
Tractis Hardware (https://www.tractis.com/hardware) lets Users distribute Smart Card Readers massively and at low cost.
Tractis Hardware comprises the following services:
- Tractis Store:
- Tractis Store (https://www.tractis.com/store) lets Users acquire different Smart Card Reader models, as well as other products and services.
2.1.4. Tractis Promotions
Tractis Promotions (https://www.tractis.com/promotions) lets Users contract third party services 100% on-line using electronic certificates.
2.1.6. Tractis Web
Tractis Web (https://www.tractis.com/home) lets Users consult commercial information about Tractis, including Services offered by Tractis, solutions, functionalities, success stories, subscription models and rates.
2.1.7. Tractis Help
Tractis Help (https://www.tractis.com/help) lets Users consult documentation relative to the services offered by Tractis and make support requests to the Tractis team.
2.2. What Tractis is not?
Tractis is not, neither acts as a Certification Authority. Therefore, Tractis does not issue electronic certificates, but rather uses the electronic certificates issued by third parties to provide its Services.
2.3. Who provides these Services?
Tractis is a web platform owned by Negonation Platform S.L., a company registered in the Madrid R.M., Tome 32.829, folio 25, section 8, page M-374926, inscription 6, with C.I.F. B-84282029, and legal address at Calle General Pardiñas 114, 1-A, 28006, Madrid, España (hereinafter, “Tractis”).
3.1. Requirements for having an Account
Some Services require the User to have an Account in Tractis. In such cases the User must:
- Be a natural person at least 18 years old and/or having legal capacity under their applicable legislation, or be a legally established corporate entity with legal capacity to operate in the market.
- Complete correctly our registration process to open an Account in Tractis.
3.2. Registration process to open an Account
To complete the registration process and open an Account in Tractis, the User shall follow these steps:
- Register using any of the Registration Methods allowed.
3.3. Registration Methods to open an Account
To create their Account and use the Services, Users can utilize any of the Registration Methods:
- Register with Tractis ID: Users can register using their name, email and a password. The last two attributes (email and password) are called “Tractis ID” and let Users access their Account and use the Services.
- Register with OpenID: Users can register using an OpenID account.
- Register with a Google Account: Users can register using a Google o Google Apps account.
- Register with an electronic Certificate: Users can register using on of the electronic certificates supported by Tractis, either verifying their identity for the first time in the platform, either executing their first electronic certificate signature in the Tractis platform or in an application or web service built by Third Party Developers on the Tractis platform. To create an Account, Tractis requires the Identity Attributes “name”, “surnames” and “email”. Tractis shall extract the first two (“name” and “surnames”) from the electronic certificate and will ask the User to provide the third one (“email”).
3.4. Registration with Electronic Certificate in third party applications or web services
In the case of registration with an electronic certificate in applications or web services built by Third-Party Developers (or "TPD") on the Tractis platform, Tractis will create the users an Account simultaneously with the verification of the identity or the signature of the document. To create the Account, Tractis requires the identity attributes “name”, “surnames” and “email”. Tractis shall extract the first two (“name” and “surnames”) from the electronic certificate and will ask the TPD to provide the third one (“email”), including it in the API call to Tractis to invoke the identity verification or document signature gateway.
In these cases the TPD must duly inform the user about the process described by including the following clause, or an equivalent text, in its terms and conditions of use available on the TPD website or application:
- "The identity verification and document signature process with electronic certificates uses a web service called “Tractis” provided by Negonation Platform, S.L., a Spanish corporation with C.I.F. B-84282029 and address at Calle General Pardiñas 114, 1-A, 28006, Madrid (Spain). The Tractis service allows the verification of the identity or the signature of documents with electronic certificates by our users. To this end, Tractis receives internally the identification data and signature of the user, verifies the validity of the certificates and validates the transaction with full legal effect. The information regarding this validation is stored, for security and assurance reasons, in the Tractis systems and is associated to the corresponding User Profile. From the very moment of verifying the identity or signing the document the user authorizes the communication of his email to Tractis and the treatment of said email by Tractis with the purpose of creating him a user account in Tractis and subject to the Service terms of service available on the web address https://www.tractis.com/terms_of_service".
3.5. Closing or restricting the use of an Account
Users can close their Account at any time. To do that, Users should follow these steps:
- Sign in to Tractis.
- Access their User Profile section.
- Click on the "Delete my Account" button.
- For security reasons, Tractis will always ask the Users to authenticate themselves by reinitiating a session to confirm the deletion of their Account.
Deletion of an Account implies the complete loss of all information relative to that Account, including profiles, documents, signatures, comments, API configurations, etc. Given the value and importance of the information to delete and for security reasons (have proof that it is the User himself and not somebody else who is asking), Tractis shall not accept Account deletion request by email or any other method than the one described.
Tractis reserves the right to cancel an Account or to restrict its functionalities without notice to the User whenever there is suspicion or proof by Tractis that such Account is used for illegal activities or in breach of the contract between the User and Tractis. In case of cancellation of an Account:
- The credit available in the Account at the moment of cancellation shall not be reimbursed, returned or compensated for.
- Any monies available in the Account at the time of closing shall be returned to the bank account the User indicates, net of any fees applicable for money transfers to bank accounts outside of Spain.
3.6. Technical requirements for using electronic certificates in Tractis
To be able to use our Signature electronic certificates Services, Users need three things:
- Have an updated web browser. At present it is possible to sign in Tractis with the following browsers: Internet Explorer, Mozilla Firefox and Safari.
- Have Java installed in their computers. Tractis requires Java version 1.6 or above.
- Use one of the electronic certificates supported in Tractis. If the electronic certificate resides in a Smart Card, the User will need also the corresponding Smart Card Reader. When the electronic certificate is in a USB device, the Users will need a free USB connection in their computers to connect the USB device.
To ensure the proper functioning of the platform and to achieve maximum efficiency and adaptability in the use of the Services, Tractis provides Users with different kinds of Alerts about news, functioning and status of each one of the Services. Some examples of Alerts are: new versions of Templates, new signatures in Contracts, news of interest for the User Profile or new Credit payments made to your Account. Users can configure their Alerts to receive them by different means, including email, SMS and RSS. The Accounts recently created include a configuration of Alerts available to the User already activated and preconfigured by default.
Users can modify their Alerts configuration at any time. To do so Users have to follow these steps:
- Initiate session.
- Access their User Alerts section.
- Configure their Alerts.
Tractis shall not accept Alerts modification requests by email or any other method than the one described.
4.1. Supported Authentication Methods
To get access to their Account and use the Services, Users can use any of the Supported Authentication Methods:
- Tractis ID: requires the User to previously associate a Tractis ID account to their Account.
- OpenID: requires the User to previously associate an OpenID account to their Account, either created in Tractis or in another provider.
- Google: requires the User to previously associate a Google or Google Apps account to their Account.
- Electronic certificate: requires the User to previously associate an allowed electronic certificate to their Account (see point 4.2).
In the case of “Tractis ID” and “OpenID created in Tractis”, you are responsible for safe keeping the password, and you should get in contact with us (sending an email to email@example.com) in case of theft, loss or misuse by third persons. Otherwise, you will be responsible for the consequences or damages that fraudulent or other misuse of the said passwords might cause.
Users are free to configure the Allowed Authentication Methods to access their Account, out of all the Authentication Methods supported by Tractis. Only Users with Administration privileges are free to configure the Allowed Authentication Methods to access their Account.
4.2. Supported electronic certificates to initiate a session in Tractis
You can consult the list of supported electronic certificates to initiate a session in Tractis in the web address https://www.tractis.com/certificates.
5. Electronic signature
5.1. Supported signature methods
Tractis supports a number of electronic signature methods. Some examples are:
- "Login" signature: Users sign using their Tractis ID or OpenID.
- "Click-wrap" signature: Users sign by clicking on the “Accept” button.
- "Challenge-response" signature associated to a device: There are several use case scenarios for this signature, such as when Users receive an SMS they have to respond to with a code or when they are asked to for a code in a code card. In general, any system asking the User for a reply can be considered a challenge-response system.
- Recognized electronic signature: Users sign using a recognized electronic certificate (see section 5.2).
Tractis assigns a score, called “Tractis score”, from 1 to 4, to each signature method as a function of the assurance level it offers. The higher the score, the easier it is to submit the electronic signature evidence in court and the more likely to have it accepted or recognized as a method to manifest the relationship (will) between the parties on a document. Tractis gives a “Tractis score 4”, the highest available, only to those signatures that are considered “Qualified Electronic Signature” as per the European legislation. This does not mean that the other methods described do not produce legal effects.
Users are free to configure the Allowed Signature Methods to use in their Account or in a specific contract, out of all the Signature Methods supported by Tractis. Only Users with Administration privileges are free to configure the Allowed Signature Methods to use in their Account or in a specific contract.
5.2. Supported electronic certificates to sign in Tractis
You can consult the list of supported electronic certificates to sign in Tractis in the web address https://www.tractis.com/certificates.
6.1. Adding Credit
To add Tractis Credit to your Account, Users must follow these steps:
- Initiate session, access the Credit section and click on Add Credit.
- Choose the payment method in Paypal.
Tractis uses Paypal to process payments. With Paypal you can use credit and debit cards, bank transfers (where available) or Paypal credit. There is no minimum consumption commitment, nor expiration date to use your Credit, and you can reload as many times as deem appropriate in the amount you want (1€ minimum).
6.2. Consuming Credit
Tractis makes Credit charges to your Account, at the Rates applicable in each case, at the time of performing the Service, that is, simultaneously with the authentication or signature, when the personalized contract is sent by SMS or at the end of each month in the case of archive of contracts.
In the case of insufficient Credit at the time of payment, the service will not be performed and notice will be sent to the User responsible for payment. In addition, Users can configure their Account Alerts to be notified by email, SMS or RSS each time their Credit falls below a given level or some movement in the Credit of their Account takes place.
6.3. Credit consumption modes
Tractis offers Users different ways of consuming their Credit in Tractis Services:
- Prepayment: Users preload “Credit” in their Tractis Account and consume and reload at will, without any consumption commitment. For more information on Prepaid Accounts and their corresponding Fees, see the web address https://www.tractis.com/home/pricing/prepay.
- Plans: Users contracts a monthly subscription Plan whereby they commit to a minimum monthly consumption. In exchange for this monthly consumption commitment, Users get a “Monthly Credit”, additional functionalities and better Rates. Any “Credit” Users might have in their Prepaid Account, becomes “Additional Credit” in their Plan Account. For more information on Monthly Subscription Plans and their corresponding Rates, see the web address https://www.tractis.com/home/pricing/plans.
- Packs: Credit Packs are only available to Users having already contracted an “Enterprise” monthly subscription Plan. In exchange for the purchase of Credit Packs, Users get “Additional Credit” and have access to Rates equal better or to the best Plan Fees. For more information on Credit Packs and their corresponding Rates, see the web address https://www.tractis.com/home/pricing/packs.
- ProBono: ProBono Accounts are reserved for certain groups whom Tractis decides to provide its services for free or at heavily discounted prices. For more information on ProBono Accounts and their corresponding Rates, see the web address https://www.tractis.com/home/pricing/probono.
When making a Credit charge for consumption of a Service, Tractis will follow the order below to make the charge:
- Charge the Account “Monthly Credit” applying the Fees corresponding to the Plan. Should there be no enough balance,
- Charge the Account “Additional Credit” applying the Fees corresponding to Prepayment (when the User has not contracted a Credit Pack) or the Pack (when the User has purchased a Credit Pack). Should there be no enough balance,
- Charge the Account “Credit” applying the Fees corresponding to Prepayment. Should there be no enough balance,
- The transaction is not performed and the User is notified of the lack of Credit and how to reload.
Tractis Rates do not include applicable taxes.
6.4. Credit Rates
Tractis Credit Rates are publicly available at the web address https://www.tractis.com/rates.
The transactions that can have Credit rates applied in Tractis are the following:
- Tractis Identity:
- Identity Verification via Tractis Identity Front-end Gateway (for each verification)
- Identity Verification via Tractis Identity Back-end Gateway (for each verification)
- Identity Verification via Tractis Identity Front-end Gateway (for each verification)
- Tractis Signatures:
- Contract Signature using Clickwrap (for each signature)
- Contract Signature using Electronic Certificates (for each signature)
- Contract Preservation/Month (for each preserved contract and month)
- Contract Signature using Clickwrap (for each signature)
- Tractis Webservices:
- Signature Validation (for each validation)
- Time Stamp (for each stamp)
- Item Store (for each insertion)
- Item Preservation (for each preserved item and month)
- Item Recovery (for each recovery)
- Item Deletion (for each deletion)
- Signature Validation (for each validation)
The rates applicable to each transaction depend on the consumption mode used. Included next is a list of Rates for each possible consumption mode:
- Prepayment: https://www.tractis.com/home/pricing/prepay.
- Plans: https://www.tractis.com/home/pricing/plans.
- Packs: https://www.tractis.com/home/pricing/packs.
- ProBono: https://www.tractis.com/home/pricing/probono.
6.5. How do monthly subscription plans work?
When Users contract a Monthly Subscription Plan, Tractis will activate their Plan as soon as we receive payment confirmation for the order. The payment confirmation process can take up to 24 hours but, in general, is much faster.
Users can cancel or change their Plan when they wish, at any time. The procedure will be as follows:
- In case of cancellation, the Plan will remain active until the end of the current month that is already paid by the User. When this date comes, Tractis will send the User an email confirming the Plan deactivation and informing that no further charges will be made with respect to the already cancelled and deactivated Plan.
- In the case of change, Users must complete the cancellation of their current Plan (as described in the preceding paragraph). Once such cancellation and deactivation is completed, the user can contract a new Plan.
In the event of non-payment, the following time limits will apply:
- After 2 days without payment confirmation, Tractis will notify Users that they have 5 days to solve the non-payment situation before their Plan will be deactivated.
- After 7 days without payment confirmation (2 days + 5 days), Tractis will deactivate the User Plan informing her that she has until the end of the monthly period contracted to solve the non-payment situation before her Plan will be cancelled.
- After 30 without payment confirmation, Tractis will notify Users of their Plan final cancellation due to non-payment.
6.6. Credit returns and reimbursements
In purchases of Credits or Credit Packs, reimbursements cannot be made.
With Monthly Subscription Plans, Users can cancel their Plan at any time, but they will be responsible for any charges incurred for the current billing period. Returns for charges already incurred will not be made, nor should monthly fraction be prorated. For example, if a User billing cycle falls on the 21st of the month and he decides to cancel on the 26th, the User shall pay for the full current month, after which no further charges will be made.
In the case of Account closures, any balance available in the Account at the time of closure shall not be subject to return, restitution or compensation.
7.1. Adding money
To load Money into their Account, Users have to follow these steps:
- Initiate session, visit the User profile page and write down the “Account ID”.
- Transfer the desired Money amount to Tractis account: ES98 - 1465 - 0120 - 38 - 1900064672 - INGDESMMXXX, indicating the Account ID in the transaction description field. That is:
- IBAN: ES98
- Bank: 1465
- Branch: 0120
- Control digit (DC): 38
- Account number: 1900064672
- SWIFT-BIC: INGDESMMXXX
- Description: Indicate the "Account ID".
- Wait for the Money to show up in the Money tab of your Tractis Account before they can use it. Once processed, the bank transfer can take from 5 to 7 days to be effective and to show up in the User Tractis Account.
7.2. Money consumption
Tractis will make Money charges to your Account, at the applicable Fees in each case, at the same time as rendering you a service.
Should there be not enough Money at the time of payment, the service will not be performed and an email will be sent to the User responsible for the payment. Besides this, the User can configure their Account Alerts to receive a notice by email, SMS or RSS whenever their Money balance falls below certain level or some movement takes place in their Account Money.
7.3. Money Rates
Tractis Money Rates are as previously agreed, on an individual basis, with each User.
7.4. Money withdrawals
Merchants will be able to get a refund at any time of the Money not used up in their Account. To do this, they have to follow these steps:
- Initiate a session, visit your Tractis Account Money tab and click on the “Withdraw Money” button.
- Indicate the amount of Money to withdraw, indicate bank account to send the funds to and click on the “Withdraw Money” button.
- Wait for the money to show up in the destination bank account stated. Tractis processes money transfers daily. Once the bank transfer is processed, it may take from 5 to 7 days in completing and showing up in the User bank account.
7.5. Money payments
Tractis will transfer automatically to the Publisher any money earned during the previous month.
Transfers will only be made and bills issued when the amount owed to the Publisher exceeds €100. When the balance due is below this figure, no transfer will be made and the Money pending payment will accumulate to that of the following month.
7.6. Money Returns and Refunds
In the case of Account closures, any disposable Money in the User Account at closure will be returned to the bank account the User indicates, net of all fees applicable to bank transfers outside of Spain.
8.1. Return and Refund of Readers
In the case of purchases at the Tractis Store:
- Users, as long as they are considered consumers under the current regulations, have 14 days from the date of delivery to examine the Product received and, in case of dissatisfaction, return it to Tractis. In these cases, Users shall bear the cost and risk of shipment.
- To do the return, Users have to enter the ordering web page of the product they want to return, click on the “Product return” button, follow the instructions therein and prepare the product for its pick-up by Tractis. The product shall be returned in its original packaging, without damages and with all the components, accessories and documentation.
- Clients returning products undamaged, in the original packaging and within the 14 days set period, will be entitled to receive a refund for the amount paid less 10 € (Euro) that shall be deducted as return costs.
- Tractis will process the refund once the articles are back in its warehouses. Once the return has been processed the bank transfer may take 5 to 7 days to become effective and show up in the User bank account.
9. Reasonable use policy
All the Services provided by Tractis on a free and unlimited basis are subject to Tractis reasonable use policy below:
- “Front-end Identity Verifications” are included in the User Account and/or Plan subject to a reasonable use limit of 10.000 units per account and month. Once this limit is exceeded, Tractis reserves the right to charge the Prepaid Fees corresponding to “Back-end Identity Verifications” for each additional Verification.
- “Clickwrap Signatures” are included in the User Plan subject to a reasonable use limit of 10.000 units per account and month. Once these limits are exceeded, Tractis reserves the right to charge the Prepaid Fees for each additional Clickwrap Signature.
Tractis reserves the right to change this Reasonable Use Policy at any time. Any change representing a reduction in the reasonable use limits will be considered a Substantial Change to these Tractis Terms of Service and, as such, will be notified to Users at least 30 Days in advance.
10. Attribution policy
Client web services or applications using services, APIs or data provided by Tractis for free, shall in exchange publicly acknowledge Tractis as the providers of the corresponding services or tools. To do this the User shall follow the following instructions:
- All the website pages, application views or user interfaces shall include an approved Tractis logo with their corresponding link and HTML code. When using Tractis services, APIs or data in other media Tractis shall be given an equivalent attribution. To use the services, APIs or data provided for free by Tractis without attribution prior written consent from Tractis is required.
- The list of approved Tractis logos that you can use to adhere to our attribution requirements can be found on the web address https://www.tractis.com/home/attributions. Users shall choose the logo best representing the Tractis service, APIs or data used. When using more than one, the “Powered by Tractis” generic logo shall be used.
- Logos shall not be resized, modified in any way, hidden, masked or otherwise used contrary to the stipulations in these Terms of Service.
Non compliance with the here above policy shall imply the discontinuation or cancellation of the service.
11. Data protection policy
Users understand an expressly consent to the use of their personal data as well as, in the case, those of their represented, in agreement with the conditions and ends stated in these Term of Use and the applicable law. Users authorize Tractis to publish their User Profile data on the Tractis web pages. Refusing to provide these data or to consent to their treatment will prevent the provision of Services.
Should there be any conflict between the Tractis data protection General Conditions and those specific to a Service or Family of Services, the latter shall prevail.
11.2. Tractis data protection General Conditions
Tractis processes its Users personal data in compliance with Directive 95/46/CE of the European Parliament and Council of October 24th, 1995, relative to the protection of individuals in matters of the treatment of personal data and the circulation of the same, as well as Spain’s Organic Law 15/1999, of December 13th, on Data protection and its accompanying regulations.
During the User registration process only the minimum of data needed to register and use the service are requested. This information is furthermore necessary for managing and maintaining the relationship with Users, and to be able to inform them of new developments or changes, through the Alert system (section 3.7 of these Terms of Service) or by other means.
This information, together with the IP address of the machine the User is accessing from and the session cookies (with are erased shortly after the browser is closed), is kept and managed by Tractis with due confidentiality and applying the IT security measures set forth in the aforementioned legislation to prevent access, improper use, tampering, deterioration or loss of User data. These data shall not be passed on to third parties except as provided in these Terms of Service and as legally contemplated. Users will be able to exercise their rights to access, cancellation or correction of their data by making a request to the email address firstname.lastname@example.org.
Tractis hosts the contents, thereby becoming a third party with access to the data under the terms of Article 12 of the aforementioned Organic Law for Data Protection:
- Tractis will process only the data associated with the document as per the User instructions (the person in charge of the data) and with the purpose of guaranteeing their storage and access by the same or by those persons or entities expressly authorized by the User, including making security copies and the provision of systems and tools for recovering the data.
- Tractis has a redundant server cluster hosted at Amazon Web Services in their datacenters in Europe. Amazon Web Services is the leading cloud computing provider worldwide and provides an infrastructure with the highest levels of availability and security. Additionally, Tractis has a Time Stamping Authority (TSA) hosted at Claranet in their datacenter in Barcelona (Spain).
- Tractis implement the security measures, both technical and managerial, assuring data integrity, preventing their alteration, loss, unauthorized access or processing, set forth in the Spain's Royal decree 1720/2007, of December 13th, approving the Regulations resulting from Spain's Organic Law 15/1999 for the protection of personal data, of December 13th, or any regulations superseding them. This will be done taking into consideration the available technology, the nature of the stored data and their risk exposure, whether coming from human action or from the physical or natural environment.
- With regard to this information, Tractis shall not accept any responsibility other than as expressly stated herein.
11.3. Tractis Identity specific data protection conditions
For Tractis Identity and in order to verify the identity of individuals for third party web sites and client applications, Tractis collects certain identification data, among other those associated to the digital certificate, OpenID or other, allowed identification methods, needed for such purpose. When doing this, Tractis communicates to the client web site or application only the result of the identity verification process, keeping this information as evidence in case it were eventually required under a legal procedure.
In agreement with Spanish and European data protection regulation, performing this service gives Tractis the status of organization in charge of processing data whose ownership corresponds to the User. Accordingly, Tractis obligations and duties shall be limited to those stipulated in Article 12 of the Organic Law for Data Protection and the corresponding ones in the Royal Decree 1720/2007, of December 21st, contemplated in these Terms and Conditions; and performing the procedures and obligations pertaining to the User shall remain his exclusive responsibility as person responsible for the file (including any changes needed to the file that the User has registered with the Spanish Agency for data protection), be it with regard to the persons affected, authorities and other competent institutions or related third parties.
11.4. Tractis Signatures specific data protection conditions
With Tractis Signatures, Third-Party Developers ("TPD") can use the Tractis Contracts API to create documents to be signed by the users of their applications or web services. In this case Tractis requires that the User has a Tractis Account to sign the document.
11.5. Tractis Promotions specific data protection conditions
With Tractis Promotions, Tractis acts as an intermediary providing its infrastructure and technology enabling Users to contract services from third party providers ("Merchants").
Tractis Promotions Users acknowledge and accept that:
- The Merchant asks Tractis to process the data associated to the contract with the twin goals of collecting and delivering those data to the Merchants so that they can complete the contracting process and provide the agreed service, and, at the same time, for Tractis to keep such data internally to certify and guarantee the contract entered into, should that be necessary.
- To be able to use Tractis Services and, consequently, to sign a contract in Tractis Promotions, having a Tractis Account is a requirement. If the User already has an Account to which the electronic certificate used to sign has been associated but has not initiated session in Tractis, the signed document will be automatically added to his Account. If the User does not have yet an Account or the electronic certificate used to sign has not been associated to this Account, Tractis will create an Account automatically at the time of signature and will associate the signed document to the Account just created. In this latter case and to make the automatic creation of the Account in Tractis and be able to give User support, Users authorizes Tractis to extract, store and process their names and surnames from the electronic certificate used to sign, as well as their email and telephone number obtained from the service contract form.
Tractis stores the data associated to the document signed, both the form or template, and its attributes, variables, participants, equipment, electronic certificates public keys and, in general, the content of the document. Access to this information is reserved to the User creating the document, to those he expressly adds or invites, to the provider of the service contracted and to Tractis. This access takes place in a secure, verified and encrypted environment, preventing interception of communications by third parties, and guaranteeing both their integrity and confidentiality.
12. Intellectual Property
12.1. Tractis intellectual property General Conditions
All applications or computer programs making Tractis possible, including our Application Programming Interface (“API”), the design of our web site, our data bases (including the document templates or forms), navigation architecture, texts, images, animations, logos and names are the property of Tractis or, when so indicated, third parties authorizing their use and integration in the platform, and are protected by intellectual property laws and treaties.
Reproducing, transforming, distributing, as well as any decompilation or reverse engineering action on those contents is forbidden, except where such visualization, reproduction, editing or transformation is for the purpose of using and/or integrating the document templates or forms in the Tractis platform. In no circumstances any extraction, reuse and/or exploitation of said contents shall be allowed for any action contrary to their intended normal use, in particular for any commercial or promotional exploitation outside of a Tractis service or that harms the moral or exploitation rights of Tractis users.
Similarly, any action harmful to the intellectual property rights of the owners of the document templates or forms contravening the stipulations in section 8.2 below is forbidden
Should you consider that any Tractis content infringes upon your or other third party intellectual property rights, we would kindly ask you to inform us at email@example.com so that we can take appropriate measures.
12.2. Tractis Templates specific intellectual property conditions
By the mere fact of creating or importing a document template or form and making it available in the Public Library to other users for free and unrestricted access through the corresponding permits, Users grant license or assign the exploitation rights on the same to Tractis and its Users, worldwide, free and non-exclusive nor transferable by the latter. Users themselves decide on the time length of such assignment and can withdraw such content at will whenever they deem opportune, without prejudice to the rights acquired by third parties.
The assignment of the rights above will not prevent the recognition of any moral rights corresponding to the author under European and Spanish law.
When the rights to access and the availability of the documents are restricted, the user will maintain full right to them, the simple use of Tractis as a platform for the negotiation and signature of contracts will not imply assignment of any right except where this is expressly allowed as per the first paragraph in this section.
Users creating or importing a template or form warrant and represent that they have all the corresponding permits and that doing so does not infringe upon the intellectual property rights of third parties, becoming the sole person responsible and liable for any direct or indirect damages resulting from such action.
13. Responsibility and guarantees
13.1. On the general performance of Tractis
Tractis guarantees the proper functioning of the system regarding the absence of major and repetitive errors or programming, compilation or design faults, as well as the custody of the information hosted in its servers, and will be responsible within the legal limits allowed by Spanish law, excluding in any case any damages resulting from an accident, from wrong or improper use, from non permitted or unforeseen use, as well as any other, direct or indirect, consequential, incidental or special, including but not limited to any actual damage (damnum emergens) and lost profits (lucrum cessans), business interruption, failure or loss, or from any third party claim resulting from the former.
Where the platform includes links to third party libraries, source code or references to other material, Tractis shall not be responsible for the quality, reliability, security, lawfulness, truthfulness or accuracy of these third party materials. Unless otherwise expressly stated, these third party materials shall not imply the existence of any relationship of Tractis with those contents nor their providers.
Users should be aware that, to a large extent, the quality and speed of access to the service are dependent on their computer equipment (hardware and software), their communications provider or their Internet connection. Consequently, Tractis shall not be responsible for abnormal performance, failures, errors or damages, either direct or indirect, that may be caused to the User computer system or to the files and documents stored therein arising or deriving from:
- The capacity and quality of the computer system User, or the presence of a computer virus in the computer used to access or use the products or services contracted;
- The User Internet connection or access;
- A malfunctioning by the browser or other applications installed in the User system, or from the use of version of the same that are not updated or not having the pertinent user license
13.2. On the use of electronic signatures
Tractis service integrates the use of electronic certificates in an identity verification, negotiation or contracting process. Such certificates are issued by the corresponding Certification Authorities according to their own requirements without Tractis having any intervention in this process.
Tractis shall not incur in any responsibility arising from and related to the revocation, cancellation, expiry, compromise, illegality, non-authorized use or use contrary to the conditions set forth by the Certification Authority, or, in general, any other circumstance affecting the status or validity of a certificate, unless this has been previously communicated through the appropriate channels and duly made publicly available for free consultation in the Certificate Revocation List of the corresponding Certification Authority.
“Validation” means corroborating that an electronic signature was valid at the time of signature. In Tractis, a valid certificate is one meeting two conditions:
- The certificate has not been revoked by the issuing Certification Authority;
- The certificate is accepted by the contract creator to sign the relevant document.
All electronic signatures recognized in Tractis (Tractis Score 4) are validated at the time of signature. This means that, before proceeding to the actual signature, Tractis connects always, in real time, to the Certification Authority issuing the User certificate to verify its validity.
As to the rest of signature methods (clickwrap signatures, challenge-response signatures and other that may appear), there is no intervention by Tractis to verify or validate the identity of the signatory. The validity of these systems will be determined according to the electronic signature standards and, in general, in accordance to the use conditions previously set by the parties implied.
13.3. On the use of contents
Tractis role is restricted to that making available to the Users a platform with the components, applications and functionalities detailed in these Terms of Service or in the Help section. All responsibility for content not directly provided by Tractis, in particular the document templates, forms or other documents, their integration with the Application Programming Interface (API) or any other software elements, shall rest with the provider or, alternatively, with the divulging person.
Tractis shall in no case be responsible for the quality, reliability or appropriateness of the documents provided to the platform by Users or third parties, or for any infringement of intellectual property rights, disclosure of business secrets or personal data, violations of privacy, or any civil, criminal or procedural offences that might be incurred by or through those contents, unless a final court order to that effect has been served directly and verifiably to Tractis and the content has not been removed or its access blocked.
Nor shall Tractis take any responsibility for the use of the documents or contracts outside of its services, nor for the eventual result of the legal transaction or deal the parties involved have agreed.
14. Service maintenance and update
Tractis reserves the right to make, at any time, any changes and updates to the service, the contents, configurations, availability and presentation of the information, as well as to these Terms of Service, without prejudice to acquired rights, and to temporarily suspend access to perform maintenance tasks or improvements, and no claim whatsoever for this or for the damages or inconvenience deriving from this shall be admissible.
- The User acknowledges and agrees that his latest email provided to Tractis is his full address for any communication from Tractis required or permitted to be given hereunder. Such communication shall be deemed to have been given and received by the User on the next business day following the day of sending.
- Force Majeure: Tractis shall not be liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of Tractis.
- Tractis may assign their rights and obligations under these Terms of Service to any third party.
- These Terms of Service shall inure to the benefit of and be binding upon the parties hereto, their eventual successors and assigns.
- Any waiver or concession on the part of Tractis shall not limit or affect its rights with respect to any future breach of any of the provisions of these Terms of Service.
- Any failure to exercise or delay by Tractis in exercising any right or remedy provided by these Terms of Service or by applicable law shall not constitute a waiver of such right or remedy or a waiver of any other right or remedy provided by this Terms of Service or by applicable law. No partial exercise by Tractis of a right or remedy provided by these Terms of Service or by applicable law shall prevent a further exercise of such right or remedy or the exercise of another right or remedy provided under these Terms of Service or applicable law with respect to the same or other instances arising in connection with these Terms of Service.
- Should any provision in these Terms of Service be determined by court or competent authority to be illegal, invalid or unenforceable, that provision shall be severable from and shall not affect the validity or enforceability of any other provision of these Terms of Service.
- These Terms of Servie constitutes the entire agreement between the parties with respect to the subject matter hereof.
- In these Terms of Service the words “include”, and its derivatives like “including” or “inclusive”, shall mean “including without limitation” or prejudice to the generality of any description, definition or phrase preceding or qualifying that word. Words importing the singular number include the plural and vice versa and words importing gender include all genders, as appropriate.
- Section headings in this Terms of Service are for convenience only and shall have no effect as to its construction.
- By registering or using Tractis Services the User acknowledges and agrees to all the provisions set out in this Terms of Service.
16. Applicable law and jurisdiction
The Terms and Conditions herein shall be construed and applied in all its extent according to Spanish Law.
By accepting them, the User hereby irrevocably submits to the exclusive jurisdiction of the relevant court sitting in Madrid, Spain national capital, in any action or proceeding arising out of or relating to this Terms of Service and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court.