Terms of Use

Please read these terms carefully before using our services

Welcome to VERINTIMO! These Terms of Use ("Terms") apply to your access and use of our website, services and/or products that you purchase or sign up for on verintimo.com (collectively, the "Services"). These Terms constitute a written contract between you ("you," "your," or "user") and Tolnira Global Nexus, a Spanish company with registration number 205083653, headquartered in calle Naves 13, Madrid, Spain ("Company," "we," "our," or "us").

Company offers its website verintimo.com (the "Site") and Services to you conditioned upon your acceptance of these Terms. If you do not understand these Terms or do not agree to be bound by the Terms you may not access or use our Services, and you must immediately cease accessing or using the Services.

You agree to these Terms by starting to use the Services. Moreover, by creating an Account with us, purchasing a Service, or accessing or using any of our Services or application program interfaces (the "API"), you acknowledge and agree that you are indicating that you have read, understand, and agree to be bound by the terms of these Terms. YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

AS DESCRIBED IN SECTION 3 BELOW, THESE TERMS CONTAIN AN ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS. YOU AGREE THAT ANY DISPUTE OR DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Table of Contents

1. Privacy Policy

We take your privacy very seriously. Our Privacy Policy explains how we collect information from you and how we may use and share that information (including personal data within the meaning of GDPR). For information about how we collect, use, share, or otherwise process your personal data and your use of the Services, please see our Privacy Policy. With respect to your data protection obligations please review also section 6 hereunder.

2. Eligibility

You must be at least eighteen (18) years old to create an Account and use our Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms. In such case, "you" and "your" will refer to that organization.

3. Dispute Resolution

(A) Informal Dispute Resolution

Company's customer service team can address the majority of any concerns or disputes you may have about your use of the Services. Please contact us by email, phone or in writing at the following:

If customer service is unable to resolve any concern or dispute (collectively, "Claim"), you agree to first try to resolve the Claim informally and in good faith by providing a written Notice of Claim to: calle naves 13, Madrid, Spain.

The Notice of Claim must provide Company with reasonable notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking. If your Claim is not resolved within 60 days of receipt, any resulting legal actions must be resolved through binding arbitration. Neither party shall initiate legal action until 60 days after the Notice of Claim is received.

(B) Governing Law and Location

These Terms shall be exclusively governed by and construed in accordance with the laws of New York, United States of America, without regard to its conflict of law principles, provided that the arbitration provision shall be governed by the United States of America Federal Arbitration Act and federal arbitration law.

(C) Arbitration

Any Claim, including any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be New York, US.

For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief. By agreeing to arbitration, each party waives its right to sue in court or to have a jury trial. The language of the arbitration shall be in English.

(D) No Class Actions

You and Company agree to resolve disputes on an individual basis in arbitration. You agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Company, including as a plaintiff or class member in any purported class action.

(E) Court Action to Assist Arbitration

Even though we are agreeing to arbitration, you and Company are both allowed to seek relief from a Court of Competent Jurisdiction in aid of arbitration, including to stay a court action, compel arbitration, confirm an arbitration award, or seek injunctive relief.

4. Your Use of the Service

(A) License to Use the Services

Subject to your compliance with these Terms and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access and use the Services. This license does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without the prior express written consent of Company. All rights not expressly granted in these Terms are reserved by Company.

(B) Your Account

To access certain parts of the Services, you will need to register and create an account (your "Account"). You represent and warrant that all information you provide is current, complete, and accurate, and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your Account credentials. You agree to notify Company immediately of any unauthorized use of your Account. We may close your Account if there is no activity on it for more than 33 days and you do not have an active subscription.

(C) License to Display Your Test Reports

(D) Restrictions on the Services

You agree not to:

  1. Provide false, misleading, or inaccurate information, create more than one Account, or create an Account without authorization
  2. Upload or distribute content that is libelous, defamatory, abusive, threatening, harassing, or obscene
  3. Use the Services to post or distribute sensitive personal information such as national ID cards, passports, medical information, or payment information
  4. Impersonate or misrepresent affiliation with any party
  5. Harvest or collect information about other users without authorization
  6. Access content or data not intended for you, or log into an account you are not authorized to access
  7. Use the Services for commercial purposes without express consent
  8. Attempt to probe, scan, or test the vulnerability of the Site or breach security measures
  9. Interfere with the use of the Services by any user, host, or network
  10. Attempt to reverse-engineer, decompile, or disassemble any source code used in providing the Services

We reserve the right to terminate your Account and use of the Services for violating any of the above prohibited uses or any applicable law.

5. Fees and Subscription Plans

(A) Payment of Fees

You may be required to pay a fee to access our Services. You agree to pay all fees associated with your use of the Services as indicated at the time you agree to such fees.

You agree to pay all charges at the prices then in effect and authorize us to charge your chosen payment provider. We reserve the right to correct any errors in pricing and to refuse any order placed through the Services.

(B) Subscriptions

Company offers certain Services on a subscription basis. If you enroll in a subscription plan, you will be billed according to the Subscription Terms displayed at the time of enrollment.

(C) Timing of Subscription Payments

Your payment method on file will be charged for additional subscription periods without requiring further confirmation from you. Your subscription renews automatically unless canceled in advance of the next payment period. We may change fees and will provide prior notice before increasing fees for your subscription.

(D) Trial Plans

Company may offer new users a one-time trial plan for a certain fee to unlock their assessment report. Trial plans must be used within the specified time period. You must cancel before the end of the promotional period to avoid being charged regular fees for the next billing period.

(E) Changes and Cancellation

To change or cancel your subscription, log into your Account and go to the Billing tab, or contact our customer support team at support@verintimo.com. Changes and cancellations must be made at least 1 day before the next billing period to avoid being charged for additional subscription cycles.

(F) Limited Refunds

We offer a 7-day money-back satisfaction guarantee. If you are not satisfied with the Services, you may request a full refund within the first 7 days after the date of your purchase. We do not offer refunds for transactions older than 7 days. To initiate the refund process, email us at support@verintimo.com or call us at +1-315-325-8670.

6. Data Protection

You expressly acknowledge and agree that it is your responsibility to comply with any and all privacy and data protection laws applicable to any personal data provided by you for the purposes of the Service. We may collect and process personal data regarding you in connection with the Services, as described in our Privacy Policy.

For EU users: In the event that we process personal data as a processor on your behalf and applicable law requires a data processing agreement (DPA), our DPA shall apply and will be deemed an integral part of these Terms (see Attachment 1 below). With respect to transfers of data to countries outside the EU (including the US), we comply with the data importer's obligations set out in the EU Standard Contractual Clauses.

7. Modifications

We may revise these Terms and our Privacy Policy from time to time to better reflect changes to the law, new regulatory requirements, or improvements to our Services. If we decide to modify these Terms, we will post the modification on our Site and update the date of last update at the bottom of these Terms. By continuing to access or use the Services after such date, you agree to be bound by the modified Terms.

8. Third Party Websites

verintimo.com and/or the Services may link to and reference the websites and content of third parties ("Third Party Websites"). Company does not have control over and has not reviewed all Third-Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, or quality of the information or services available through them. Company disclaims all responsibility and liability for any damages resulting from your use of Third-Party Websites.

9. Intellectual Property

VERINTIMO, the VERINTIMO logo, the verintimo.com website and domain, and all content and other materials available through the Services (collectively, the "Company IP"), exclusive of user content, are the trademarks, copyrights, and intellectual property owned by Company or its licensors and suppliers. Except as expressly provided in these Terms, your use of the Services does not grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP.

10. Customer Service

Company has a customer support team to assist with any issues regarding verintimo.com or the Services. We encourage you to seek resolution of any issues by first contacting customer support at support@verintimo.com. Complaints received regarding the Services will be handled within a reasonable time of receipt.

11. Term and Termination

These Terms shall commence on the date you have started to use our Services and remain in effect until terminated. Either party may terminate these Terms at any time. Company may also unilaterally and immediately terminate these Terms, your Account, and your use of the Services at any time without notice, including for suspected violation of these Terms or any applicable law.

Upon termination, all applicable rights and access granted to you will automatically terminate and you will cease any further use of the Services. All payment obligations outstanding at the time of termination, as well as all sections of these Terms which by nature would survive termination (e.g., Sections 3, 4, 5–7, 9, and 12–15), shall survive.

12. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sub-licensees, successors, and assigns from any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees), resulting from or arising out of (a) your use of or access to the Services, including your Account, or (b) your violation of these Terms or any applicable law.

13. Assumption of Risk, Limitation of Liability, and Disclaimers

Assumption of Risk

You knowingly and freely assume all risk when using the Services. You voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm that may result from your access to or use of the Services.

Disclaimer

The Services do not offer professional or definitively accurate advice or opinions. The information and opinions provided are for educational and self-reflection purposes only and should not replace professional advice. Therefore, before making any decisions based on your scores, we recommend consulting with appropriate professionals. ANY USE OR RELIANCE ON INFORMATION FOUND ON THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOSS OF PRIVACY, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY CLAIMS IN AN AMOUNT EXCEEDING $100.00 OR THE AMOUNT YOU PAID TO US IN THE LAST THIRTY DAYS.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

14. DMCA Notice (for US users)

We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). If you believe that any content on the Services violates your copyright, please immediately notify Company by emailing a DMCA takedown notice to support@verintimo.com with the subject line "DMCA Infringement Notice."

Your notice should include: identification of the copyrighted work; a description of the allegedly infringing content and its location on the Services; your contact information; a good faith statement that you believe the use is unauthorized; and your signature as the copyright owner or authorized representative.

15. Mobile Application License

(A) Use License

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you strictly in accordance with the terms and conditions of this mobile application license. You shall not decompile, reverse engineer, or modify the application; use it for revenue generating endeavors for which it is not designed; or make it available over a network permitting access by multiple devices at the same time.

(B) Apple and Android Devices

When you use a mobile application obtained from the Apple Store or Google Play: (1) the license granted is limited to a non-transferable license to use the application on a device utilizing the Apple iOS or Android operating systems; (2) you represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country; and (3) you must comply with applicable third-party terms of agreement when using the mobile application.

16. Miscellaneous Terms

These Terms constitute the entire agreement between the parties and supersede any prior agreements. These Terms do not create any agency, partnership, employer, or joint venture relationship. Use of the Services constitutes your consent to receiving communications from us, including emails with marketing offers and information about your Account. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable.

Contact Us

In order to resolve a complaint regarding the Services or to receive further information, please contact us at:

Tolnira Global Nexus
Calle Naves 13
Madrid, Spain
Phone: +1-315-325-8670
support@verintimo.com


Attachment 1 – Data Processing Agreement

This Data Processing Agreement ("DPA") forms part of the Terms of Use ("Terms") between you ("you," "your," or "user") and Novomedia EOOD, a Bulgarian company with registration number 205083653, headquartered at calle naves 13, Madrid, Spain ("Company," "we," "our," or "us"). This DPA reflects the parties' agreement with regard to the Processing of Personal Data.

1. Data Processing

1.1. Scope and Roles. This DPA applies when Personal Data is processed by us as part of the provision of our Service. In this context, you are the data controller and we are the data processor (under the CCPA, you are the business and we are the service provider).

1.2. Subject Matter, Duration, Nature and Purpose of Processing. We process your Personal Data as part of providing you with the Service, pursuant to the specifications and for the duration under the Terms.

1.3. Instructions for Processing of Personal Data. We will only process Personal Data on behalf of and in accordance with your instructions. We will inform you immediately if, in our opinion, an instruction infringes any provision under the GDPR.

1.4. We will not sell Personal Data, or retain, use, or disclose Personal Data for any purpose other than for the specific purpose of performing the Service, except as permitted under the applicable legislation.

2. Assistance

To the extent required by law, we will assist you by appropriate technical and organizational measures for the fulfillment of your obligation to respond to requests for exercising the Data Subjects' rights under the GDPR. We will further assist you in ensuring compliance with your obligations in connection with the security of Processing, notification of a Personal Data Breach, data protection impact assessments, and prior consultation with supervisory authorities.

3. Personnel

We will ensure that our access to Personal Data is limited to those personnel who require such access to perform the Terms. We will impose appropriate contractual obligations upon our personnel regarding confidentiality, data protection, and data security.

4. Other Processors (Sub-processors)

We may engage third-party service providers to process Personal Data on your behalf ("Sub-processors"). You hereby provide us with general authorization to engage Sub-processors if and where needed. All Sub-processors have entered into written agreements that bind them by substantially the same material obligations under this DPA.

5. Onward and Trans-Border Data Transfer

Transfer of GDPR-governed Personal Data to a Third Country is made in accordance with the EU Standard Contractual Clauses ("EU SCCs"), pursuant to EU Commission Decision C(2021)3972, or as required, in accordance with any successor thereof or an alternative lawful data transfer mechanism. EU SCCs will be governed by Bulgarian law, and disputes will be resolved before the courts of Bulgaria.

6. Information Security

We will maintain technical and organizational safeguards for the protection of the security, confidentiality and integrity of your Personal Data. We regularly monitor compliance with these safeguards and will not materially decrease the overall security of the Services during the term of the Terms.

7. Personal Data Breach Management and Notification

We will maintain security incident management policies and procedures and will notify you without undue delay after becoming aware of a Personal Data Breach related to your Personal Data which we, or any of our Sub-processors, Process.

8. Audit and Demonstration of Compliance

To the extent required under applicable Privacy Laws and Regulations, we will allow for and contribute to audits conducted by you or another auditor mandated by you. Audits by you are subject to the following terms: (i) pre-scheduled in writing at least 40 business days in advance; (ii) performed not more than once a year (except following a Personal Data Breach); (iii) the auditor will execute a non-disclosure undertaking towards us.

9. Deletion of Personal Data

Within reasonable time after the end of the provision of the Service, we will return your Personal Data to you or will delete such data, including by de-identifying it. We may retain copies as necessary in connection with our routine backup and archiving procedures and to ensure compliance with our legal obligations.

10. Term

This DPA will commence on the later of the date of its execution or the effective date of the Terms to which it relates and will continue until the Terms expire or are terminated.

11. Compliance

We are responsible for ensuring that all our personnel adhere to this DPA. Our privacy team can be reached at: support@verintimo.com.

Last updated: August 2024