These Terms and Conditions of Use (the “Terms and Conditions”) regulate the contractual conditions applicable to the use of the functionalities and services available through our mobile application “Mixie Digital” and any other web platform enabled for this purpose by us (all together, the “Platform”), as well as the contracting and use of the services we provide through or in connection with the same.
For the purposes of the provisions of Law 34/2002 of July 11, 2002, Services Information Society and Electronic Commerce, we detail below the identifying data of the company that owns the Platform and responsible for the services we offer through it:
Access to our Platform, the creation of an account and / or use of the features or services we offer implies full and unreserved acceptance of these Terms and Conditions in the published version at the time of such access or use. We recommend that you consult these Terms and Conditions before accessing our Platform or using our services, since, by doing so, you agree to have read, understood and agree to be bound by these Terms and Conditions.
We inform you that our services may be accessible through third party platforms with which we may have reached an agreement (e.g. trade fair organizers) in which our Platform and/or our services may be integrated or accessible. These Terms and Conditions regulate only the contractual terms applicable to the services that MIXIE provides, but in no case regulate the services, products or functionalities that such third parties may offer you through their own platforms or in any other way, which will be regulated by the conditions that such third parties have established. In any case, when accessing our Platform and/or using our services through third party platforms, we will show you these Terms and Conditions for your prior reading and acceptance.
In general terms, MIXIE offers a set of technological solutions and services that: (i) aim to improve the experience of visitors and companies in the context of their participation in fairs or exhibitions aimed at promoting products and services of companies; and (ii) are aimed at facilitating and promoting contacts and facilitating professional relationships between the different agents involved (fair organizers, exhibiting companies and visitors). To this end, we offer trade fair organizers the possibility of integrating our solutions into the trade fairs they promote so that participating exhibiting companies and visitors can enjoy a more agile digital experience adapted to the new times. We also offer our services directly to companies, so that they can use our solutions in fairs in which they participate (even if the organizers have not enabled our services) or in their own exhibitions or private facilities for the promotion of their products/services.
Our services include the use of a set of tools (called Mixie Points) that allow exhibitors and companies to publish promotional materials related to their products/services so that (i) interested visitors can access these promotional materials digitally through our Platform and (ii) companies and exhibitors can interact directly with visitors who have shown interest in their products/services after consulting them through the QR codes enabled in the Mixie Points. Our services and solutions also allow fair organizers to have relevant information that allows them to analyze the results of fairs and to know how visitors have interacted with the different Mixie Points installed in them, to know which companies and/or products have generated more interest and to know the visitors’ opinion about the fair.
You should know that our services are oriented to a professional context and purpose. The ultimate goal of our services is to offer a set of functionalities and tools that aim to facilitate the exchange of information and interaction between professional visitors and companies, as well as to promote contacts and facilitate commercial or business relationships between them, bringing to the digital environment the interactions that have traditionally occurred through the exchange of business cards and contact information in the context of fairs, conventions, private exhibitions of companies or other points of contact between businesses and their markets.
For the purposes of these Terms and Conditions, the terms listed below have the following meanings:
To make use of our Services and/or access our Platform, you need to register and create an account by completing the form that will be shown to you during the process. Depending on the case, the registration process may be done directly on our App or Platform or through a third-party platform on which our Services may be available (for example, an Organizer that has enabled our services on its own platform). Regardless of the registration process, by accessing our Platform and accepting these Terms and Conditions, you become a User.
In cases where you access our Services through third-party platforms with which we have reached an agreement (for example, Organizers that use our Services in the Fairs they promote and organize) and in order to facilitate and expedite the process, the registration will be made from the data associated with your account on that third-party platform, so that your account data is automatically transferred into our systems so you do not have to enter them manually on our Platform. Occasionally, if you are an Exhibitor, you may need a prior invitation or communication from a Tradeshow Organizer to access our Platform and use our Services in the context of such Tradeshow.
By accessing our Services through a third-party platform, you understand and agree that the data provided for the creation of your account on the third-party platform will be used to register you as a User of our Platform. In any case, we may occasionally ask you to complete certain data that may be incomplete in your user account through which you access our Services and/or, for security reasons, we may require you to validate your e-mail and/or complete the registration process directly on our Platform so that you can access certain features (for example, to edit/consult data associated with your account), creating a specific password to access your account with us.
In case we have enabled this system, you can register and create an account through your LinkedIn user account, without the need to create a specific password on our Platform. In this case, we will obtain the email address and professional data associated with your account/profile on that platform. You should note that the data that such platform may share with us by linking your account with our Platform will depend on the configuration of your account on such platform and its privacy policies, which we recommend you to review.
If you are a User accessing our Platform and/or creating an account on MIXIE in the name or on behalf of a company or organization (whether an Organizer, an Exhibitor or a Company), you represent and warrant under your sole responsibility that you have sufficient authorization or authority to accept these Terms and Conditions of Use on behalf of the organization on whose behalf you are acting and that you are authorized to use the user account on behalf of the same.
Since our Services are oriented to a professional environment, we inform you that access to our Platform is reserved to persons of legal age who act as independent professionals or employees of companies and who use our Services for strictly professional purposes and purposes.
Registration on our Platform and use of our Services is free of charge for Visitors. However, the use of the Platform and our Services (or part of them) by Organizers, Exhibitors and Companies may be subject to the payment of certain amounts, as described in the specific section available below.
It is the responsibility of each User to maintain the security of his or her account and password. In the event that a User becomes aware or suspects unauthorized use of his or her account, he or she must change his or her password and inform us as soon as possible. Likewise, each User is responsible for ensuring that the data provided during the registration process is correct, true, complete and up-to-date at all times. MIXIE declines any responsibility for any inconveniences or incidents arising from errors or lack of accuracy, updating or truthfulness of the information provided by the User during the registration process or subsequently.
Unless otherwise expressly stated in these Terms and Conditions, MIXIE is the owner or licensee, as appropriate, of the intellectual and industrial property rights relating to the Platform (including its design, format, structure, databases, technology and code necessary for its operation) and photographs, images, text, logos, trademarks and other content that are available through it. The trademarks, trade names and / or any other content of third parties outside MIXIE that may be displayed or available on the Platform (for example, those owned by or refer to Organizers, Exhibitors and Companies) are the property of their rightful owners and are protected by law, being strictly prohibited its use without the express consent of their respective owners or except as permitted in these Terms and Conditions.
Access to the Platform only grants Users the right to use the Platform for the purposes set forth in these Terms and Conditions for which access has been granted in each case and, as applicable, in accordance with the terms of the license that Organizers and/or Companies have contracted with MIXIE. Except to the extent permitted in these Terms and Conditions or in the corresponding license, the reproduction, transformation, distribution, distribution, public communication, making available and/or commercial use, by any channel or procedure, of the MIXIE Platform and software is prohibited, except with the prior written authorization of MIXIE. Under no circumstances shall it be understood that access to or use of the Platform attributes to Users any intellectual or industrial property rights over the Platform or over the technologies or content available therein, except, in the latter case, the right of Visitors to view, consult, download or share the Promotional Content of Exhibitors and Companies in accordance with the functionalities and with the limitations that may exist on the Platform at any given time.
The Promotional Contents are the property of and are published by the Exhibitors/Companies/Organizers themselves under their sole responsibility, so that Visitors may view, download and share them through the functionalities enabled for this purpose on the Platform from time to time. MIXIE does not validate, verify or guarantee the reliability, accuracy, quality, suitability, correctness or legality of the Promotional Content, nor does its availability through the Platform imply MIXIE’s approval, recommendation, promotion or sponsorship of the Exhibitors/Companies/Organizers that publish it. By publishing Promotional Content, Exhibitors/Companies/Organizers, as applicable, automatically attribute and grant MIXIE a non-exclusive, indefinite, royalty-free, worldwide license to host, publish, disseminate, display, technically adapt and make available to the public the Promotional Content through the Platform in accordance with the functionalities available from time to time on the Platform and to the extent necessary for MIXIE to properly perform the Services, as well as to perform statistical and market analysis and reports on trends.
Users agree to make diligent use of the Platform and the functionalities available on it in full compliance with the Law and these Terms and Conditions. In particular and without limitation, it is prohibited:
MIXIE may temporarily suspend or permanently cancel, at its sole discretion, the account of any User who performs any action that involves a breach of the prohibitions contained in these Terms and Conditions, without prejudice to any other legal action that may be appropriate in each case according to the seriousness or nature of the infringement.
MIXIE has adopted, within the current state of technology, commercially reasonable measures to try to ensure the proper functioning of the Platform and to prevent the existence and transmission of vulnerabilities and harmful components. However, given the characteristics of the Internet, MIXIE cannot guarantee that the Platform will be error-free, operate uninterruptedly or be fully invulnerable, nor the full utility, availability and continuity of the Platform’s functionalities at all times. MIXIE reserves the right to suspend, restrict or interrupt access to the Platform at any time and without prior notice for technical, security, control, maintenance, power failure or any other justified cause. Under no circumstances may MIXIE be held liable for the discontinuity or unavailability of the Platform or its functionalities.
MIXIE makes the Platform available to Users in the state of development in which it is at any given time and with the functionalities available at any given time. MIXIE does not guarantee that the functionalities of the Platform meet the specific needs of the Users or that it covers any objective or expectation that they may have. MIXIE only assumes the responsibility to try to ensure that the Platform operates substantially in accordance with the functionalities described at the time that Users register to use the Services (or as appropriate, at the time that Organizers/Exhibitors/Companies acquire the corresponding license), as well as to act in a professional manner by making commercially reasonable efforts to resolve possible technical incidents that are directly attributable to MIXIE. In any case, to the maximum extent permitted by law, MIXIE disclaims any liability for any damages, losses, incidents or inconveniences of any kind that Users or third parties may suffer as a result of:
Users shall indemnify and hold harmless MIXIE, its officers, employees or any other related persons from and against any claims, liabilities, damages, losses, losses, expenses or any other items that MIXIE suffers as a result of any breach by the User of the provisions of these Terms and Conditions.
MIXIE’s maximum potential liability to Users (including, in particular, Organizers/Exhibitors/Companies that use MIXIE’s Services after contracting a license and/or paying a fee) is limited solely to any direct damages they may suffer as a result of MIXIE’s intent or gross negligence, expressly excluding any liability or compensation for indirect, incidental, consequential, exemplary or punitive damages, such as lost profits or loss of income or opportunities. To the maximum extent permitted by law, unless there is fraud, fraud or malicious misconduct, MIXIE’s potential liability to Users (particularly Organizers/Exhibitors/Companies) for any damages they may suffer due to causes directly attributable to MIXIE shall in no event and under no circumstances exceed the amount paid to MIXIE during the previous twelve months for the license to use the Platform and/or for contracting other related MIXIE Services.
Without prejudice to any other particularities contained in these Terms and Conditions, this section contains and regulates a series of special conditions that are specifically applicable to Organizers, Companies and Exhibitors that contract and/or use MIXIE Services. The particular conditions set forth in this section supplement, clarify or modify, as appropriate, the general conditions set forth for all Users in these Terms and Conditions.
The use of the Platform and our Services (or part of them) by Organizers, Exhibitors and Companies may be subject to the payment of certain amounts, as explained below:
The functionalities and services that Organizers, Companies and Exhibitors may enjoy through the Platform shall be those indicated at any given time on the Platform itself or communicated at any given time by MIXIE in writing to the respective Organizer, Company or Exhibitor.
All Services and/or functionalities that require payment and the amount for their use or contracting shall be expressly specified by MIXIE prior to contracting them, either on the Platform itself or by means of any written communication from MIXIE. Unless expressly specified otherwise, the prices for the use of the Platform and/or the contracting of the related Services that may be payable do not include V.A.T. and any other taxes that may be applicable. Unless expressly agreed otherwise, all payments must be made in advance prior to the hiring of the corresponding Service.
With respect to the Promotional Content posted on or through the Platform, the Organizers/Exhibitors/Companies, as applicable, represent and warrant under their sole responsibility that: (i) they hold the intellectual property rights over the Promotional Content or, failing that, that they have the corresponding authorizations or licenses in respect thereof, being fully entitled to publish them and make them available to Visitors on the Platform so that they may consult, download or share them by accessing the Mixie Points; (ii) the Promotional Content is of a public nature and is not considered confidential information and is not subject to similar restrictions that prevent its dissemination and/or use by Visitors and/or MIXIE under the terms provided in these Terms and Conditions; and (iii) the Promotional Content does not infringe the Law or third party rights, does not contain or display information, images or videos that are obscene, racist, sexist, defamatory, pornographic, denigrating or offensive, that induce or promote illegal or fraudulent conduct of any kind or that are contrary to the Law, morality or public order.
Organizers/Exhibitors/Companies are solely responsible for the Promotional Content they publish on the Platform and shall hold harmless and, where appropriate, compensate and indemnify MIXIE, its directors, employees or any other related persons, with respect to any claims, liabilities, damages, losses, expenses or any other concepts that MIXIE suffers as a result of or in connection with the Promotional Content that the Organizers/Exhibitors/Companies themselves publish, share or disseminate through the Platform.
Organizers/Exhibitors/Companies may edit and delete at any time through their account the Promotional Content associated with their Mixie Points that are available to Visitors through the Platform. Organizers/Exhibitors/Companies acknowledge and agree that MIXIE has no obligation to store Promotional Content indefinitely. Therefore, MIXIE reserves the right to remove the Promotional Content without prior notice within six (6) months after, as the case may be, (i) the end of the Fair where the Mixie Points have been enabled (in the case of Exhibitors who have used the Mixie Services at a Fair through an Organizer) or (ii) the end of the contracted license (in the case of Companies that have directly contracted the Mixie Services through the corresponding license). In any case, MIXIE may remove the Promotional Content at any time in the event that the same infringes the Law or third-party rights, or if required to do so by a competent authority.
With respect to the Visitors’ personal data to which they have access as a result of MIXIE’s Services (derived from the interaction with the Mixie Points), once the data is received, the Organizers, Companies and/or Exhibitors, as the case may be, become responsible for the processing of the Visitors’ data and, consequently, the Organizers themselves, Companies and/or Exhibitors and Exhibitors (and not MIXIE) are exclusively responsible for the processing of Visitors’ data beyond the purposes described in these Terms and Conditions and it shall be incumbent upon them, as data controllers and in accordance with the requirements set forth in the applicable regulations on the protection of personal data, to inform the Visitor of their respective privacy policies and, if applicable, to obtain his/her consent regarding the processing of his/her data to be carried out. In this regard, the Organizers/Exhibitors/Companies shall hold harmless and, where appropriate, indemnify and compensate MIXIE, its directors, employees or any other related persons, with respect to any claims, liabilities, damages, losses, expenses or any other concepts that MIXIE, its directors, employees or any other related persons, with respect to any claims, liabilities, damages, losses, expenses or any other concepts that MIXIE may have, expenses or any other concepts that MIXIE suffers as a consequence of or in relation to the use that the Organizers/Exhibitors/Companies themselves make of the referred personal data beyond the purposes foreseen in these Terms and Conditions or that derive from the infringement of the legal obligations that, as data controllers, correspond to them in accordance with the requirements foreseen in the applicable regulations on the protection of personal data.
Users may cancel their user account with MIXIE at any time through the functionality specifically enabled for this purpose on the Platform, without the need for any other procedure. If you decide to cancel your user account, we will cancel it within a reasonable period of time after verifying that there are no incidents or procedures pending resolution. Once the cancellation is completed, the User will no longer have access to the functionalities and Services associated with his or her account. We reserve the right to terminate user accounts that have been inactive for 12 months, without prior notice or notification.
Our Platform may include technical linking devices that redirect or allow access to third-party websites or have integrated third-party services that allow users to enjoy certain functionality (“Third-Party Websites and Services”).
All communications related to the use of the Platform and/or MIXIE Services will be made through the email address provided during the registration process. Users agree that all communications sent to that email address will be fully valid and effective for all purposes, being the sole responsibility of each User to keep their email address active and to consult any communication that MIXIE may send.
MIXIE may modify these Terms and Conditions at any time to adapt them to potential regulatory changes, due to technical or functional modifications of the Platform, as a result of changes in the Services or to adapt them to the practices, uses and customs of the sector. In any case, Users may consult the current version of these Terms and Conditions at any time through a permanent link that they will find on the Platform and/or that will be shown when they register on or access our Platform.
In the event of relevant changes, MIXIE will provide sufficient information by means of notices on the Platform or through any type of email communication addressed to Users. In any case, we recommend Users to consult these Terms and Conditions regularly since the use of the Platform and our Services will be governed by the version of these Terms and Conditions in force at that time.
These Terms and Conditions shall be governed by and construed in accordance with Spanish law. Any dispute that may arise in connection with these Terms and Conditions or the relationship between Users and MIXIE arising from the use or contracting of its Services shall be subject to the exclusive jurisdiction of the Courts and Tribunals of Donostia-San Sebastián (Spain), without prejudice to the rights of Users who are consumers to resort to the courts of their domicile.
Information on the platform for online dispute resolution in consumer matters, pursuant to art. 14.1 of EU Regulation 524/2013: http://ec.europ