General Terms and Conditions of Sale

1General Information

The ownership of this website nubenova.space, (hereinafter Site Web) belongs to: Máximo Jack Cervantes Robson, with NIF: 78845372S, and whose contact details are:

• Address: C. Eslovenia 1 5, Playa Blanca Yaiza, Las Palmas
• Contact phone: 652325885
• Contact email: maximojack2008@hotmail.com

This document (as well as other documents mentioned here) regulates the conditions by which the use of this Site Web (nubenova.space) and the purchase or acquisition of products and/or services on it are governed (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that NubeNova develops through the Site Web comprises: Monthly subscriptions to a cloud-based software platform (SaaS) that provides access to artificial intelligence tools for text generation, programming, and digital image creation based on usage quotas (Pro and Max plans).

Besides reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Terms of Use, including the cookie policy, and the privacy policy and data protection of NubeNova. By using this Site Web or by making and/or requesting the acquisition of a product and/or service through the same the User agrees to be bound by these Conditions and by all of the aforementioned, therefore if he/she does not agree with all of it, he/she should not use this Site Web.

Similarly, it is noted that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Site Web since the applicable ones will be those that are in force at the time the acquisition of products and/or services is requested.

For all questions that the User may have regarding the Conditions may contact the owner using the contact details provided above or, if applicable, using the contact form.

2The User

Access, navigation and use of the Site Web confers the status of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), therefore all Conditions established here are accepted from the moment navigation on the Site Web begins, as well as their further modifications, without prejudice to the application of the corresponding mandatory legal regulations according to the case.

The User assumes responsibility for proper use of the Site Web. This responsibility extends to:

• Making use of this Site Web only to make valid inquiries and purchases or acquisitions.
• Not making any false or fraudulent purchases. If reasonably considered that a purchase of this kind has been made, it could be cancelled and the relevant authorities notified.
• Providing truthful and lawful contact data, e.g. email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Site Web.

The User may formalize, at his/her choice, with NubeNova the purchase agreement of the desired products and/or services in any of the languages in which these Conditions are available on this Site Web.

3Purchase or Acquisition Process

The Users may buy in the Site Web by the means and forms established. They must follow the purchase and/or acquisition online process of nubenova.space, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, clicking on: "Get Pro / Purchase Max".

Also, the User must complete and/or verify the information requested at each step, although, during the purchase process, before payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that NubeNova has received his/her order or purchase request and/or service provision, that is, the order confirmation. And, if applicable, he/she will be informed, equally, by email when his/her purchase is being shipped. Once the purchase procedure has concluded, the User consents for the Site Web to generate an electronic invoice that will be sent to the User via email and, if applicable, through his/her personal connection space to the Site Web. Additionally, the User can, if he/she wishes, obtain a paper copy of his/her invoice, by requesting it from NubeNova using the contact spaces of the Site Web or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular sales conditions concerning the product and/or service in question which appear alongside the presentation or, if applicable, image of the same on its Site Web page, indicating, by way of example but not exhaustive, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, mode in which they will be carried out and/or cost of the services; and acknowledges that the placing of the purchase or acquisition order constitutes the full and complete acceptance of the applicable particular sales conditions in each case.

The communications, purchase orders and payments involved in transactions made on the Site Web may be archived and kept in NubeNova's computer records for the purpose of constituting a means of proof of the transactions, in any case respecting reasonable security conditions and current laws and regulations that may apply in this regard, and particularly attending to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, and to the rights granted to Users in accordance with this Site Web's privacy policy.

4Availability

All purchase orders received by NubeNova through the Site Web are subject to product availability and/or to circumstances or causes of force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of services. If difficulties arise regarding product supply or if there are no products left in stock, NubeNova undertakes to contact the User and refund any amounts that may have been paid. This will also be applicable in cases where service provision becomes impossible.

5Prices and Payment

The prices displayed on the Site Web are final, in US Dollars (USD / $) and include taxes, unless legal requirements indicate and apply differently.

However, and unless otherwise indicated punctually, the prices of the items offered exclude shipping costs which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, where the latter will consult the available shipping methods and costs and freely choose which one suits him/her best.

In no case will the Site Web add additional costs to the price of a product or service automatically, but only those that the User has selected and freely chosen.

Prices can change at any time, but possible changes will not affect orders or purchases regarding which the User has already completed the purchase request process on the Site Web as indicated in paragraph one of clause three received a confirmation of order.

The accepted payment methods will be: Credit or debit card. Once NubeNova receives the purchase order from the User through the Site Web, a pre-authorization will be made on the corresponding card to ensure sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipping and/or confirmation of service provided in form and, if applicable, place established is sent to the User. In any case, by clicking on "Get Pro / Purchase Max" the User confirms that the payment method used is theirs, or that, where applicable, he/she is the legitimate owner of the gift card or loyalty card.

6Delivery

In cases where physical delivery of the contracted good is to be made, deliveries will be made within the scope of the following territory: Worldwide.

Except for cases where unforeseeable or extraordinary circumstances exist or, where applicable, derived from product customization, the purchase order consisting of products related in each purchase confirmation will be delivered within the period indicated on the Site Web according to the shipping method selected by the User and, in any case, within a maximum of 30 natural days from the date of order confirmation.

If for any reason attributable to NubeNova it could not meet the delivery date, it will contact the User to inform him/her of this circumstance and he/she may choose to proceed with the purchase establishing a new delivery date or cancel the order with the full refund of the paid price. In any case, home deliveries are made on business days.

If it becomes impossible to effect delivery of the order due to absence of the User, the order might be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be delivered again. If the User will not be at the delivery location during the agreed time slot, he/she must contact NubeNova to arrange delivery on another day.

In case 30 days have elapsed since the order has been available for delivery, and has not been delivered due to a cause not attributable to NubeNova, NubeNova will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the contract resolution, all payments received from the User will be refunded, except for additional expenses resulting from the User's own choice of a delivery option different from the least costly ordinary delivery option offered by the Site Web, without any undue delay and, in any case, within a maximum of 14 natural days from the date the contract is considered resolved. However, the User must keep in mind that transportation derived from the resolution may have an additional cost that may be passed on to him/her.

For purposes of these Conditions, delivery will be understood to have occurred or the order to have been delivered at the moment the User or a third party designated by the User acquires physical possession of the products, which will be evidenced by signing receipt of the order at the agreed delivery address.

Risks that may derive from the products will be borne by the User as of the moment of delivery. The User acquires ownership of the products when NubeNova receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery if this occurs at a later time than the complete receipt of the payment amount by NubeNova.

In accordance with the provisions of Law 37/1992, of December 28th, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at each moment depending on the specific article concerned.

7Technical Means to Correct Errors

The User is informed that in case he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Site Web, he/she can modify the same by contacting NubeNova through the contact spaces enabled on the Site Web, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in clause one (General Information). Likewise, this information could also be amended by the User through his/her personal connection space to the Site Web.

In any case, the User, before clicking on "Get Pro / Purchase Max", has access to the space, cart, or basket where purchase requests are noted and can make modifications.

Equally, the User is referred to consult the Legal Notice and General Terms of Use and, specifically, the Privacy Policy to obtain more information on how to exercise his/her right to rectification according to what is established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

8Returns

Right of Withdrawal

The User, as consumer and user, makes a purchase in the Site Web and, therefore, the right to withdraw from such purchase within 14 natural days without need of justification assists him/her.

This withdrawal period will expire at 14 natural days from the day on which the User or a third party authorized by him/her, other than the carrier, acquired physical possession of the goods acquired in the Site Web of NubeNova or in case the goods composing his/her order are delivered separately, at 14 natural days from the day on which the User or a third party authorized by him/her, other than the carrier, acquired physical possession of the last of those goods which composed a same purchase order, or in case of a service contract, at 14 natural days from the day of contract celebration.

To exercise this right of withdrawal, the User should notify his/her decision to NubeNova. He/she may do so, where applicable, through the contact spaces enabled on the Site Web.

The User, regardless of the medium chosen to communicate his/her decision, must express clearly and unequivocally that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that NubeNova makes available to him/her as an annexed part to these Conditions, however, its use is not mandatory.

To fulfill the withdrawal period, it is sufficient that the communication expressing unequivocally the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, NubeNova will reimburse the User all payments received, including delivery costs (except for additional costs chosen by the User for a shipping method different from the least costly shipping method offered on the Site Web) without any undue delay and, in any case, not later than 14 natural days from the date on which NubeNova is informed of the User's decision to withdraw.

NubeNova will reimburse the User using the same payment method the latter used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, NubeNova might retain said refund until it has received the products or articles of the purchase, or until the User presents proof of return of the same, depending on which condition is fulfilled first.

The User may return or send the products to NubeNova and should do so without any undue delay and, in any case, no later than 14 natural days from the date on which NubeNova was informed of the withdrawal decision.

The User acknowledges knowing that he/she should bear the direct cost of return (transport, delivery) of the goods, if any. Furthermore, he/she will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the goods.

The User recognizes knowing that exceptions to the right of withdrawal exist, as noted in Article 103 of the Legislative Royal Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of indication, and not exhaustively, this would be the case of: customized products; products that might deteriorate or expire rapidly; music or video CDs/DVDs without their packaging, as sealed in factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery; supply of digital content without physical medium.

In this same sense, the provision of a service that the User might contract on this Site Web is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the service provision has been completely executed, or when it has begun, with the express consent of the consumer and user and with his/her acknowledgment that he/she is aware that, once the contract has been completely executed by NubeNova, he/she will have lost his/her right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening of the same, of products not in the same condition in which they were delivered or that have suffered some damage after delivery. Likewise, products must be returned using or including all their original packaging, instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.

In the following link, the Model withdrawal form can be downloaded: https://nubenova.space

Return of defective products or shipping error

This involves all those cases where the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, he/she should contact NubeNova immediately and make him/her aware of the existing non-conformity (defect/error) through the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed of how to proceed with the return of the products, and once returned, these will be examined and he/she will be informed, within a reasonable period, whether refund proceeds or, where applicable, their replacement. The refund or replacement of the product will be effected as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that refund or replacement of the non-compliant article proceeds.

The amount paid for those products that are returned due to some defect, when it really exists, will be refunded in full, including delivery charges and costs the User might have incurred to carry out the return. The refund will be made by the same payment method the User used to pay for the purchase. In any case, the rights recognized under current legislation at all times will be observed for the User, as consumer and user.

Warranties

The User, as consumer and user, enjoys warranties on the products he/she may acquire through this Site Web, under the terms legally established for each product type, with NubeNova responding, therefore, for non-conformity of the same that becomes apparent within a three-year period from the product delivery.

In this sense, products are considered to conform to the contract if they: adjust to the description made by NubeNova and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performances of a product of the same type and that are fundamentally expected from the same. When this is not the case regarding products delivered to the User, he/she should proceed as indicated in the Return of defective products or shipping error section. However, some of the products marketed on the Site Web might present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that will consequently become part of the product's individual appearance, and will not constitute a defect.

On the other hand, it could happen that the User acquires on the Site Web a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he/she also has the possibility to contact the responsible brand or manufacturer to find out how to exercise his/her legal warranty right directly against them during the three years following the delivery of these products. For this, the User must have preserved all information relating to the product warranties.

9Liability Exemption

Unless legal disposition establishes otherwise, NubeNova will not accept any liability for the following losses, regardless of their origin:

• any losses not attributable to any breach by itself;
• business losses (including loss of profits, revenues, contracts, anticipated savings, data, loss of goodwill or unnecessary incurred expenses); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase contract of the products between both parties was formalized.

Likewise, NubeNova also limits its liability in relation to the following cases:

• NubeNova applies all measures relating to providing a faithful visualization of the product on the Site Web, however it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution deficiency, or browser problems or others of this nature.
• NubeNova will act with maximum diligence to make available to the company in charge of the shipment of the product object of the purchase order. However, it is not responsible for damages originating from poor performance of the carrier, particularly due to causes such as strikes, road delays, and in general any other typical of the sector, which result in delays, losses or theft of the product.
• Technical failures that for fortuitous causes or other nature, prevent normal operation of the service through the internet. Lack of Site Web availability due to maintenance reasons or others, which prevent access to the service. NubeNova puts all means at its disposal to carry out the purchase, payment and shipping/delivery process of the products, however exempts itself from liability for causes that are not attributable to it, force majeure or fortuitous case.
• NubeNova will not be responsible for misuse and/or wear of products that have been used by the User. At the same time, NubeNova will also not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.

In general, NubeNova will not be liable for any non-compliance or delay in fulfilling any of the obligations undertaken, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustively: strikes, lockouts or other reivindicative measures; civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations; fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster; impossibility of use of trains, ships, aircraft, motor vehicles or other means of transport; impossibility of using public or private telecommunications systems; acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, obligations will be suspended during the period in which the force majeure cause continues, and NubeNova will have an extension in the period to fulfill them equal to the duration of the force majeure cause. NubeNova will put all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure cause.

10Written Communications and Notifications

By using this Site Web, the User agrees that most communications with NubeNova will be electronic (email or notices published on the Site Web). For contractual purposes, the User consents to using this electronic communication method and acknowledges that any contract, notice, information and other communications that NubeNova sends electronically fulfill the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with NubeNova through the contact details provided in these Conditions and, where applicable, through the contact spaces of the Site Web. Likewise, unless stipulated otherwise, NubeNova may contact and/or notify the User at his/her email address or at the provided postal address.

11Waiver

No waiver by NubeNova of a specific right or legal action or the failure by NubeNova to strictly require fulfillment by the User of any of his/her obligations will constitute, neither a waiver to other rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from fulfilling his/her obligations.

No waiver by NubeNova of any of these Conditions or of the rights or actions derived from a contract will take effect unless expressly established as a waiver and formalized and communicated to the User in writing.

12Invalidity

If any of these Conditions were declared null and void by a final ruling issued by a competent authority, the remaining clauses will remain in force, unaffected by said nullity declaration.

13Complete Agreement

These Conditions and any document to which express reference is made herein constitute the entire agreement existing between the User and NubeNova regarding the purchase object and replace any other agreement, arrangement or promise previously agreed verbally or in writing by the same parties.

The User and NubeNova acknowledge having consented to the execution of a contract without having relied on any statement or promise made by the other party, except for those expressly mentioned in these Conditions.

14Data Protection

The personal data or information that the User supplies to NubeNova in the course of a transaction on the Site Web will be processed according to what is established in the Privacy Policy or data protection (included, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing and/or using the Site Web the User consents to the processing of such information and data and declares that all information or data supplied are accurate.

15Applicable Law and Jurisdiction

Access, navigation and/or use of this Site Web and purchase contracts of products through the same will be governed by Spanish legislation.

Any controversy, dispute or disagreement arising or related to the access, navigation and/or use of the Site Web, or with the interpretation and execution of these Conditions, or with purchase contracts between NubeNova and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.

16Complaints and Claims

The User may send to NubeNova his/her complaints, claims or any other comment he/she wishes to make through the contact details provided at the beginning of these Conditions (General Information).

Additionally, NubeNova provides official complaint forms at the disposal of consumers and users, and these may be requested by the User at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if from the execution of this purchase contract between NubeNova and the User a controversy arose, the User as consumer may request an extrajudicial dispute resolution, according to Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.