General conditions

1. Scope of the Terms and Conditions

The purpose of these Terms and Conditions is to define the terms and conditions under which TurboMonitor, S.L. will provide the SaaS services of the TurboMonitor contracted software to the CUSTOMER. Specifically, in order to provide the proper provision of SaaS services, the following is regulated:

(i) Remote access and remote use by the CUSTOMER of the contracted TurboMonitor. software, an integral part and resident in the SaaS Platform, of TurboMonitor, S.L. or subcontracted to third parties, acting on behalf of TurboMonitor, S.L. as the Application service provider.

(ii) The concession in favor of the CUSTOMER of the corresponding license for the use of the contracted TurboMonitor software.

2. The contracting process of the SaaS services and the corresponding license for the use of the contracted TurboMonitor software.

2.1 To begin the contracting process, the CUSTOMER must accept these Terms and Conditions; then TurboMonitor, S.L. will assign the PPassword to each of the Administrators and Users to allow them use of the SaaS Services under the selected regime.

2.2 Once the Contract General Coditions are accepted, TurboMonitor will allow to assign the corresponding Password for the SaaS Services to each user so each of the authorized Administrators and users can make use of those services.

2.3 If the CUSTOMER disagrees with the contents of these General Conditions or any of the particular conditions of the Contract, the CUSTOMER should refrain from making use of the free trial and terminate the contracting process.

3. License for the use of the Contracted TurboMonitor Software

3.1 TurboMonitor, S.L. grants to the CUSTOMER a non transferable and non-exclusive license for the use of the contracted TurboMonitor software, solely under the terms and conditions indicated in these General Conditions, the User Manuals and any other applicable documentation, whether in paper, disc, read-only memory in the computer or any other applicable type of support.

3.2 The use of the contracted TurboMonitor software will be allowed exclusively to the number of Administrators and users possessing the password for the SaaS services.

3.3 The CUSTOMER will refrain from making copies, disclosing or allowing access to third parties of the contracted TurboMonitor software; the CUSTOMER will not allow its use by people other than the Administrators or Operators or to those people acting outside the limits set forth herein. The CUSTOMER is responsible for the proper compliance by those people with the terms and limitations of this license.

3.4 The rights granted to the CUSTOMER, in accordance with the provisions of these General Conditions, extend to any update or new version replacing and/or complementing the contracted TurboMonitor software, unless the updating or new version contains its own use conditions.

4. Intellectual property of the contracted TurboMonitor software

4.1 The contracted TurboMonitor software has been created by TurboMonitor, S.L., which will keep all the intellectual, industrial or any other property rights on the contracted TurboMonitor software, which cannot be object of further modifications, copies, changes, reproduction, adaptation or translation on the part of the CUSTOMER.

4.2 The structure, features, codes, working methods, information devices, development tools, know-how, methodologies, processes, technologies or algorithms of the contracted TurboMonitor software are the property of TurboMonitor, S.L. or its suppliers, and in this latter case, have been the object of a license or cession by them and are protected by Spanish and international intellectual and industrial property laws and cannot be object of further modification, copy, changes, reproduction, adaptation or translation on the part of the CUSTOMER.

4.3 Also, all the user manuals, texts, graphic drawings, databases, video or audio support referred to or complementing the contracted TurboMonitor software (hereafter referred to as "Associated Materials") are the property of TurboMonitor, S.L. or its content providers, and cannot be object of further modification, copy, changes, reproduction, adaptation or translation on the part of the CUSTOMER.

4.4 The availability to the CUSTOMER of the contracted TurboMonitor software and the Associated Materials does not imply, in any case, the cession of the name or the concession of a right to use in favor of the CUSTOMER other than the one indicated in these General Conditions.

4.5 Therefore, any use on the part of the CUSTOMER of the contracted TurboMonitor software or the Associated Materials, without the authorization of TurboMonitor, S.L. is absolutely forbidden; this includes the exploitation, reproduction, disclosure, transformation, distribution, transmission by any media, further publication, exhibition, public disclosure or total or partial representation, which, if occur, are to be considered infractions to the intellectual or industrial property rights of TurboMonitor, S.L., sanctioned by legislation in force.

5. Regime for the provision of the SaaS services

5.1 TurboMonitor, S.L. will provide the SaaS services directly, with its own means, or with the cooperation of third parties. Specifically, TurboMonitor, S.L. may subcontract the SaaS platform in whole or in part to specialized companies from the sector.

5.2 In any case, the subcontracting of SaaS services by TurboMonitor, S.L. will take place in full observance of the provisions of the law on the protection of personal data and. therefore, subject to the provisions of Condition 11.2.5 below.

5.3 Annex 1 includes the Service Level Agreement, containing the level and quality requirements applicable to SaaS services. With regard to the Service Level Agreement, TurboMonitor, S.L. undertakes to make its utmost efforts to ensure its compliance, assuming the CUSTOMER´s full compliance with: (i) the provisions of Condition 6 below with regard to the technical specifications, as well as, in general, (ii) any of the remaining obligations set forth in these General Conditions.

5.4 Based on Condition 2.3 (ii) above, the CUSTOMER will designate an administrator as a contact person during the registration process who is in charge of the centralization and coordination of the relations with TurboMonitor, S.L. in all matters relating to the provision of SaaS services. By default this administrator will be the person that registers and accepts these General Conditions.

6. Technical Specifications and Use Manual

6.1 Annex II of these General Conditions contains the technical specifications with which the CUSTOMER networks, devices and terminals must comply at all times to install and use the contracted TurboMonitor software. If the CUSTOMER networks, devices and terminals do not comply with the technical specifications referred, the CUSTOMER will refrain from installing and using the contracted TurboMonitor software.

6.2 TurboMonitor, S.L. does not assume any responsibility that may derive from the CUSTOMER´s use not in accordance with the User Manual or in those cases when the CUSTOMER´s networks, devices and terminals do not comply with those technical specifications.

6.3 Following prior notification by TurboMonitor, S.L., the CUSTOMER must disconnect its networks, devices or terminals from the TurboMonitor, S.L. platform if, in the opinion of TurboMonitor, S.L., those networks, devices or terminals have caused or may cause failures, interruptions, errors or defects in the SaaS platform.

7. Usage conditions of the SaaS platform and the contracted TurboMonitor software

7.1 The SaaS platform and the contracted TurboMonitor software will be accessible exclusively by those users in whose favor TurboMonitor, S.L. has assigned and provided the corresponding Password for those services, in accordance with the provisions of Condition 2 above.

7.2 The CUSTOMER may use the SaaS platform and the contracted TurboMonitor software exclusively in accordance with the purposes indicated in these General Conditions. By way of information and without limitation, the CUSTOMER is expressly forbidden from using the SaaS platform and the contracted TurboMonitor software for the following purposes:

(i) Exploitation, reproduction, broadcasting, transformation, distribution, transmission by any media, further publication, exhibition, public disclosure or total or partial representation of the contracted TurboMonitor software.

(ii) Allowing people other than the Administrators and Operators that the CUSTOMER designated in accordance with the provisions of the Condition 2 above to access the SaaS Services or the SaaS Platform and the contracted TurboMonitor software.

(iii) Perform any kind of action that may result in modifications, adjustments, damage or changes in the SaaS platform.

(iv) Treat information or data considered illegal, offensive, slanderous, insulting, defamatory, racist, xenophobic, obscene, threatening or discriminatory.

(v) Treat information or data containing viruses, Trojans, or any other elements that may cause damage or changes in the SaaS platform.

7.3 Some modalities of the contracted TurboMonitor software may provide the CUSTOMER the possibility to take part in forums and/or share information with TurboMonitor, S.L. or other customers that contracted the SaaS services. With relation to the above, the CUSTOMER agrees not to transmit, disclose or make available to other CUSTOMERS or third parties information, messages, graphs, sound and/or image files, recordings, software and, in general, any class of material, data or contents (hereunder "the contents") that:

(i) Induce, incite or promote criminal, humiliating, defamatory, inflammatory, or violent actions, or actions that, in general, oppose the law, public morality, common propriety, generally accepted uses or public order.

(ii) Induce, incite or promote discriminatory actions, attitudes or ideas for reasons of sex, race, religion, beliefs, age or condition.

(iii) Include criminal, violent, pornographic, degrading messages or those that, in general, oppose the law, public morality, common propriety, generally accepted uses or public order.

(iv) Are protected by intellectual or industrial property rights belonging to third parties unless the CUSTOMER has first obtained the necessary use authorization from the holders of those rights.

(v) Are considered illegal, deceptive or disloyal advertising and, in general, represent unfair competition.

(vi) When their features (format, extension, etc.) cause problems in the normal operation of the SaaS platform or the SaaS services.

7.4 The CUSTOMER will respond for any damage or pecuniary detriment that TurboMonitor, S.L. or other TurboMonitor, S.L. customers may suffer as a result of the CUSTOMER´s non-compliance with any of the obligations related to the Contents, and will release TurboMonitor, S.L. from any claim that may be filed against it in this regard, agreeing to pay all amounts that TurboMonitor, S.L. may have to pay.

7.5 In order to verify the CUSTOMER´s compliance with the provisions of these Terms and Conditions and ensure the security and proper use of the SaaS platform, TurboMonitor, S.L. withholds for itself the right to monitor the Administrators and managed employees use of the SaaS platform and the contracted TurboMonitor software.

8. Price and method of payment

8.1 The web and the private area will detail the price and method of payment applicable for the SaaS services and the right of use for the contracted TurboMonitor software granted to the CUSTOMER in view of the provisions of these General Conditions.

8.2 Specifically, it is expressly indicated that the price for the SaaS Services and the contracted TurboMonitor software license will be set based on the number of monitors, users, alerts and any other feature, that the CUSTOMER accepts during the payment process

8.3 TurboMonitor uses PayPal to secure your payment details for every transaction. With PayPal the customer can either use an existing PayPal account or pay without being a paypay member. PayPal uses 128bit encrypted SSL. This provides the highest possible level of security to make your online payment experience safe and secure.

For more information regarding paypal please visit www.paypal.com

9. TurboMonitor, S.L. responsibility with regard to the provision of SaaS services

TurboMonitor, S.L. responsibility with regard to the obligation to provide the SaaS services assumed in this contract will be subject to the following limitations:

(i) The full responsibility of TurboMonitor, S.L. for all concepts deriving from the provision of SaaS services, including the license of use for the contracted TurboMonitor software, cannot exceed in any case an amount equivalent to the price agreed upon in the Contract. Under no circumstances may the CUSTOMER claim compensation from TurboMonitor, S.L. for damages that may be qualified as derived damages, loss of revenues, loss of business, loss of business reputation or claims from third parties against the CUSTOMER (even if those third parties are public entities or its own customers) or any similar damage.

(ii) With regard to non-compliances produced in the execution of the functions or services that, in accordance with the provisions of Clause 5.1, have been provided by third parties subcontracted by TurboMonitor, S.L., the full responsibility of TurboMonitor, S.L. will not exceed, in general, the total amount that TurboMonitor, S.L., in accordance with the contracts signed in each specific case, may obtain for the relevant non-compliance from the subcontracted third party in charge of the provision of the service affected by the non-compliance.

10. Warranty on the contracted TurboMonitor software

10.1 Specifically, the CUSTOMER agrees that the contracted TurboMonitor software is supplied "as is"; therefore, TurboMonitor, S.L. does not guarantee that the functions it contains will meet the needs of the CUSTOMER or that the contracted TurboMonitor software operates without interruptions or errors. The CUSTOMER will assume the full cost of all the services, repairs and corrections necessary to adapt it to its needs.

10.2 The CUSTOMER agrees that the contracted TurboMonitor software constitutes a work tool to complement but not replace the human work.

10.3 To make use of the license granted on the contracted TurboMonitor software, the CUSTOMER, at all times, must comply with the following obligations: (i) perform backup copies of the data files generated with the continuous use of the contracted TurboMonitor software; (ii) use the contracted TurboMonitor software in accordance with the provisions of the Use Manuals; (iii) have a computing device in good condition; (iv) install an uninterrupted power supply system, with voltage-stabilization; (v) control the access to the contracted TurboMonitor software in order to prevent handling by unauthorized or inexpert people; (vi) contract periodic maintenance services for the hardware and software; (vii) not allow the installation of virus and defective programs in the same hard disk; (ix) and any other reasonable preventive measure.

10.4 In no case will TurboMonitor, S.L. be considered responsible for operating errors or damages caused by the CUSTOMER´s non-compliance with its obligations referred to in Condition 10.3 above or any other applicable obligation in accordance with the provisions of these Terms and Conditions.

10.5 TurboMonitor, S.L. will not be responsible for damages that may be qualified as loss of revenue, loss of business, damage to the image or loss of commercial reputation.

10.6 Under no circumstances may the CUSTOMER claim compensation for damages caused by reasons beyond TurboMonitor, S.L.´s control, specifically but not limited to interruption or failures (i) in the power supply systems; (ii) in the telecommunications network; (iii) in the interconnection elements; and (iv) in the CUSTOMER devices and terminals.

10.7 TurboMonitor, S.L. responsibility for the damage directly imputable to the use of the contracted TurboMonitor software cannot under any circumstances exceed the amount effectively received from the customer by TurboMonitor, S.L. in the immediately preceding twelve (12) months as consideration for the license of use of the contracted TurboMonitor software.

11. Protection of personal data

11.1 Consent to process personal data

With regard to the personal data that the CUSTOMER may provide to TurboMonitor, S.L. in the Contract, the following provisions apply:

11.1.1 TurboMonitor, S.L. notifies the CUSTOMER that the personal data provided by filling in the Contract will be collected in the file under the responsibility of TurboMonitor, S.L.. The CUSTOMER may exert its access, rectification, cancellation and opposition rights to the processing of those data in Barcelona, C/ Diagonal, 463 bis, 3-2. For more convenience and notwithstanding that several formal requirements must be satisfied, TurboMonitor, S.L. offers to the CUSTOMER the possibility to exert the above-indicated rights by calling the telephone number (34) 93 1810661 or contacting the e-mail address, info@TurboMonitor.com, which is provided for this purpose.

11.1.2 If the CUSTOMER does not provide the required personal data, or does so in a partial way, TurboMonitor, S.L. may not be able to accept its registration request.

11.1.3 The CUSTOMER must notify TurboMonitor, S.L. of any changes in its personal data so that the information contained in TurboMonitor, S.L. files is always updated and free from errors.

11.1.4 As TurboMonitor, S.L. has the intention to send its CUSTOMERS business communications via traditional or electronic means regarding its own products and services, as well as regarding those of third parties related to TurboMonitor, S.L. By accepting these Terms and Conditions the CUSTOMER expressly authorizes TurboMonitor, S.L. to send commercial, promotional or advertising communications by email or any other equivalent electronic media. If the CUSTOMER does not want to receive commercial, advertising or promotional communications, regardless of the channel used, it may notify TurboMonitor, S.L. of this decision free of charge through the channel indicated above to exert this right. The CUSTOMER´s agreement to receive commercial information is always revocable, with no retroactive effects.

11.1.5 In order to perform technical and business support tasks and to deliver quality services it may be necessary to transfer your contact details to the TurboMonitor, SL Group companies listed in Annex III or indicated in the TurboMonitor, SL website (www.TurboMonitor.com), exclusively for the purposes stated above and listed in the preceding clause. Refusal to perform such transfer may entail the inability for TurboMonitor, S.L. to provide the service. Likewise, data communication may involve the data international transfer to the countries where the Group companies TurboMonitor, SL are registered, including countries that do not offer a level of protection comparable to the one required in the European Union.

11.1.6 Also, with this document the CUSTOMER is informed of the first communication of data to the companies of the TurboMonitor, S.L. Group.

11.1.7 TurboMonitor, S.L. informs that it has implemented the technical and organization security measures necessary to ensure the security of personal data and prevent their unauthorized alteration, loss, processing and/or access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, whether from human action or physical or natural means.

11.2 Provision of services by TurboMonitor, S.L. implying processing of personal data

During the provision of the SaaS services indicated in these Terms and Conditions, TurboMonitor, S.L. may exceptionally request access, for maintenance or security reasons, to the CUSTOMER´s personal data, in which case the following provisions apply:

11.2.1 At all times, TurboMonitor, S.L. and the CUSTOMER will properly comply with the provisions contained in the data protection legislation applicable for information and data handled during the provision of the services covered by this Contract.

11.2.2 Specifically, TurboMonitor, S.L. agrees to treat the data in accordance with the instructions of the CUSTOMER, not to apply or use them for purposes other than the provision of the services covered by these Terms and Conditions and not to disclose them, even for safekeeping, to other people except subcontracts necessary for the TurboMonitor, SL product and performance and for the distribution network. Once the provision of the services is completed, the personal data must be destroyed or returned to the CUSTOMER, as well as any supporting material or documents indicating personal data used during the provision of the services, unless TurboMonitor, S.L. is legally bound to preserve them and, in such a case, only for the term required.

11.2.3 The CUSTOMER will also comply with the obligations contained in the provisions on the protection of personal data under its responsibility and is responsible for the files with those data, such as legal obligations with those affected and competent authority regarding the protection of personal data or replacing entity or the competent authorities in the field.

11.2.4 The CUSTOMER authorizes TurboMonitor, S.L. to bear the costs, including any kind of compensation, sanction and expenses resulting from claims of the affected people, for negligence and/or lack of confidentiality, use and/or undue treatment of the personal data, expressly including any amount deriving from the sanctions that eventually may be imposed by the competent authority in matters of the protection of personal data for the non-compliance or defective compliance with applicable legislation, provided that the non-compliance is due to the CUSTOMER, its employees or its assistants. In those cases, TurboMonitor, S.L. will notify the CUSTOMER of the claims received so that the CUSTOMER may prepare its legal defense. The CUSTOMER must act at all times in a coordinated way with TurboMonitor, S.L. and always preserve the TurboMonitor, S.L. image.

11.2.5 With regard to the provisions of Clause 5.1 of these Terms and Conditions, the CUSTOMER expressly agrees that TurboMonitor, S.L. may effectively contract and subcontract the companies specified in Annex IV to provide certain services that TurboMonitor, S.L. requests to provide the SaaS services to the CUSTOMER. As the provision of those services may require, under exceptional circumstances, that personal data belonging to the CUSTOMER be processed, in the contract signed between TurboMonitor, S.L. and the subcontracted third parties and with regard to the processing of personal data, it is understood that TurboMonitor, S.L. acts on behalf of the CUSTOMER.

12. Adaptations or new versions of the contracted TurboMonitor software

TurboMonitor, S.L. may perform adaptations or release new versions of the contracted TurboMonitor software. If as a result of those adaptations or new versions of the contracted TurboMonitor software, TurboMonitor, S.L. considers the modification of these Terms and Conditions to be necessary, it will notify the CUSTOMER of the new Terms and Conditions, which the CUSTOMER must accept within the term set forth in the corresponding communication. Should the CUSTOMER not reject the changed, the license of use covered by these Terms and Conditions will be understood as terminated.

The CUSTOMER expressly agrees that TurboMonitor, S.L. will notify the Operators of updates or patches that may be considered necessary for the proper operation or maintenance of the contracted TurboMonitor software by means of notices or alerts visible to the Operators. Under no circumstances may the CUSTOMER claim any compensation from TurboMonitor, S.L. for damages that it may derive from the poor operation of the contracted TurboMonitor software caused by the CUSTOMER not accepting those updates or patches.

TurboMonitor S.L. shall have the right to use the data arising from the usage of the TurboMonitor software by the CUSTOMER, in a grouped and dissociated manner, with purely statistic and tool development purposes.

13. Duration and termination of the SaaS Services and the license of use

13.1 The contractual relation ruled by these Terms and Conditions will be valid from the time when TurboMonitor, S.L. received the acceptance on the part of the CUSTOMER of the Terms and Conditions through the web registration process

In case of payment versions, will automatically renew for successive renewal terms, unless any of the parties notifies the other, its intention not to extend the validity. These Terms and Conditions will also cover the free trial period with the same limitations, terms and conditions indicated here.

13.2 The contractual relation governed by these Use Conditions will terminate for any of the following reasons:

(i) The termination of the duration or any of its extensions.

(ii) At any moment, by mutual agreement between the parties.

(iii) By TurboMonitor, S.L.´s denouncement of the contract for the CUSTOMER´s non-compliance with any of the obligations, as set forth in these Terms and Conditions or the Contract, notwithstanding the right of TurboMonitor, S.L. to decide to continue the contract and request from the CUSTOMER full compliance with its obligations, requiring that it, in any of the prior cases, repair the damage caused by its non-compliance.

13.3 The CUSTOMER agrees to uninstall or delete the contracted TurboMonitor software from its computing devices within a term of no more than fifteen (15) days following the termination of the license on the contracted TurboMonitor software, as well as any copy, supporting material or associated documentation.

14. Responsibility of the CUSTOMER

14.1 The CUSTOMER agrees that administrators or users using the Software TurboMonitor hired under SaaS services, know, take, accept and comply with the obligations under these General Conditions and therefore it assumes full responsibility for the eventual breaching by administrators or users of such obligations.

14.2 The Customer declares that is fulfill with the provisions stated by the Law 15/1999 on Protection of Personal Data and its implementing regulation, the RD 1720/2007. Accordingly, the CUSTOMERdeclares that it will inform its employees of the installation and use of software TurboMonitor in the company prior to its implementation. The breaching by the CUSTOMER of this clause is, in addition to the possibility of termination of this contract by TurboMonitor, S.L. at any time and without alleging any cause, the total exoneration of whatsoever responsibility to TurboMonitor, S.L.

15. Free use of TurboMonitor software as Trial or free Personal version:

15.1 The content of this contract (particular and general conditions) will be fully applicable to the trial users and Personal users, except the specific clauses applicable to paying users, so that the references made to "THE CUSTOMER" shall also include the free trial users and Personal users

If case of a free trial, in accordance with the provisions of Law 15/1999 on the Protection of Personal Data, we inform you that personal contact details provided will be treated confidentially and will be incorporated to TurboMonitor, S.L. files in order to facilitate access and use of the TurboMonitor SaaS (Software as A Service) platform, focused on managing the productivity of employees of the CUSTOMER within the agreed time and keep you informed of product enhancements and send our Newsletter, for what you expressly authorize us. Likewise, please note that for efficient service delivery and in order to perform technical and business support it may be necessary to communicate your contact details to the TurboMonitor S.L. Group companies listed in Annex III or indicated at any time in the website TurboMonitor, SL www.TurboMonitor.com, exclusively for the purposes stated above and those listed in the preceding clauses. Refusal to such communication will mean the inability for TurboMonitor, S.L. to provide the service. Furthermore, data communication may involve the international transfer of data to the countries where the TurboMonitor, S.L. Group companies are registered, including countries that do not offer a level of protection comparable to the one required in the European Union.

15.2 If case of a free Personal version, TurboMonitor has the intention to send its CUSTOMERS business communications via traditional or electronic means regarding its own products and services, as well as regarding those of third parties related to the service provided. By accepting these Terms and Conditions the CUSTOMER expressly authorizes TurboMonitor, S.L. to send commercial, promotional or advertising communications by email or any other equivalent electronic media. If the CUSTOMER does not want to receive commercial, advertising or promotional communications, regardless of the channel used, it may notify TurboMonitor, S.L. of this decision free of charge through the channel indicated above to exert this right. The CUSTOMER´s agreement to receive commercial information is always revocable, with no retroactive effects.

If case of a free Personal version, the customer agrees to promote TurboMonitor through including the TurboMonitor banner in his website and/or promoting TurboMonitor through Social Media and forums related to the Customer.

16. Force Majeure

The parties will not be considered responsible for the non-compliance with the obligations set forth in these Terms and Conditions if the non-compliance is due to causes beyond the control of the non-compliant party, including but not limited to the following: fire, flooding, strikes, labor conflicts or social unrest, shortages or unavailability of fuel or power supply, unavailability or abnormal operation of the communication networks, accidents, war (declared or not), commercial embargoes, blockades, riots or insurrections.

17. Prevalence of the clauses

If one of the clauses of these Terms and Conditions is declared void or inefficient, in whole or in part, the nullity or inefficiency will only affect that provision or the void section, with the remaining Terms and Conditions prevailing, and the provision, or part thereof, considered affected will be considered as not included. Therefore, these Terms and Conditions must only lose validity with regard to the void provision and no part or provision of these Terms and Conditions will be cancelled, invalidated, damaged or affected by the decision unless that provision is essential for these Terms and Conditions, affecting them in full.

18. Applicable legislation

Any controversy resulting from the interpretation or execution of these Terms and Conditions, or any of its eventual modifications, as well as any non-compliance with them will be analyzed in accordance with Spanish legislation.

19. Competent jurisdiction

To solve any controversy related with the provisions of these Terms and Conditions or their execution, the CUSTOMER and TurboMonitor, S.L. expressly submit to the Courts and Tribunals of Barcelona, waving any other jurisdiction that may correspond.

ANNEX I

Service Level Agreement

1. The SaaS platform and the contracted TurboMonitor, S.L. software will be available for use via the Internet 24 hours a day, 365 days per year, under the following conditions:

(i) 99% annual availability, Monday through Friday.

(ii) 98% annual availability on weekends (Friday 0:00 CET through Sunday 0:00 CET)

(iii) Within the area assigned to the CUSTOMER, the information will be stored for a term of no more than six months. The CUSTOMER has systems that support the migration of the information to its own environments.

2. TurboMonitor, S.L. will not be considered responsible for the interruption of availability of the information and services caused by reasons of force majeure or beyond its control. The following elements or resources, both of the Operator or user or the CUSTOMER, are considered beyond TurboMonitor, S.L. control:

(i) Computing system

(ii) Connection software

(iii) Browsing software

(iv) Virus

(v) Access to Internet with the media available for both parties, switching telephone network, ISDN, xDSL, frame relay, cable, satellite and any other transmission or telecommunication infrastructure and the available bandwidth

3 TurboMonitor, S.L. may temporarily interrupt the storage of the Information in its Servers or its availability to Internet users for security reasons, maintenance requirements or for restructuring TurboMonitor, S.L. computing resources. These interruptions, which shall not be taken into consideration for the purposes of determining the availability percentages set out in clause 1 above, are intended to improve the storage service and availability of Information through the Internet. In any case, TurboMonitor, S.L. will perform its utmost efforts so that those interruptions only minimally affect the CUSTOMER. TurboMonitor, S.L. will notify the CUSTOMER in advance of scheduled interruptions whenever possible.

ANNEX II

Technical requirements of the CUSTOMER

Web service: Internet Explorer 9.0 (or above), Firefox 12 (or above), Google Chrome 20 (or above)

ANNEX III

TurboMonitor, S.L., of Spanish nationality, with address at Barcelona, C/ Diagonal, 463 bis, 3-2, holder of tax id number CIF B57717415

ANNEX IV

Suppliers that TurboMonitor, S.L. subcontracted and that, under exceptional circumstances, may have access to personal data of the CUSTOMER

- Dinahosting S.L. Rúa das Salvadas 41, 15705 - Santiago de Compostela, España