Terms of Service

These Terms of Service (“Terms”) govern your access to and use of our services, including our website, email notifications, newsletters, ads, services provided through other platforms (collectively, the “Services”). Our Services are diverse, so sometimes additional terms or requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

By using the Services, you agree to be bound by these Terms. Please read them carefully.

1. Using Our Services

The Services are provided jointly by

ICEX España Exportación e Inversiones, E.P.E. (“ICEX”), a public business entity and independent body of the Spanish Government to the Ministry of Industry, Commerce and Tourism, created and regulated by the Royal Decree-Law 4/2011, of April 8, and headquartered in Paseo de la Castellana 278, 28046 Madrid, Spain and with the Spanish Taxpayer Identification Number (CIF) Q2891001F,

and

Red.es (“RED”), a public business entity attached to attached to the Ministry of Economic Affairs and Digital Transformation, headquartered in Plaza Manuel Gómez Moreno s/n, Edificio Bronce, 28020 Madrid, Spain and with the Spanish Taxpayer Identification Number (NIF) Q- 2891006-E, constituted by virtue of the Sixth Additional Provision of the Law 11/1998, of April 24, General of Telecommunications, in the wording given by Article 55 of the Law 14/2000, of December 29, on Fiscal , Administrative and Social Order Measures, expressly declared in force by the Single Repeal Provision of the Law 32/2003, of November 3, General Telecommunications,

based on the initiative with the brand name of “Desafía San Francisco” created by the framework agreement of collaboration between ICEX and RED of May 10, 2017 (conjointly, “Desafía”).

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

2. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information between Spain and the United States of America, and/or other countries for storage, processing and use by Desafía.

3. Services

You are responsible for your use of the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally.

You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Desafía’s computer systems, or the technical delivery systems of Desafía’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Desafía (and only pursuant to the applicable terms and conditions); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Desafía, its sponsors and the public. Desafía does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

The Services are protected by copyright, trademark, and other laws of both Spain and foreign countries. Nothing in the Terms gives you a right to use the Desafía name or any of the Desafía trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services are and will remain the exclusive property of Desafía. Any feedback, comments, or suggestions you may provide regarding Desafía, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You may end your legal agreement with Desafía at any time by discontinuing your use of the Services.

4. Disclaimers and Limitations of Liability

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Desafía Entities” refers to Desafía, sponsors, service providers, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE DESAFÍA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Desafía Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Desafía Entities or through the Services, will create any warranty or representation not expressly made herein.

THE DESAFÍA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DESAFÍA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5. General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at http://desafia.us/tos, will govern our relationship with you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Desafía’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

These Terms are an agreement between you and Desafía. These Terms are governed by and will be interpreted in accordance with the laws of Spain, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms will be brought in the courts with jurisdiction over Spain. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms and waive any objections and defenses inconsistent with such venue.

If you have any questions about these Terms, please contact Desafía at:

Desafía San Francisco

44 Tehama Street

San Francisco, CA 94105, USA

Email: info [@] desafia [dot] us

Effective: Jan 18, 2021