1.- Object of the contract, general conditions, and identification of the service

This document contains the full text of the legal conditions that regulate the access, use, and contracting of the services offered at www.safecreative.org and safestamper.com by Safe Creative, S.L. (hereinafter, Safe Creative), a company of Spanish nationality, with Tax ID (NIF) B99161739, and registered office in Zaragoza (Spain), calle Bari no. 39, 3rd Floor, and registered in the Mercantile Registry of Zaragoza, in volume 3534, book 0, folio 192, inscription 1.

The sign-up, registration, and/or use of the services on this website implies full and unreserved acceptance of these conditions, which shall apply without prejudice to any particular or special conditions or agreements that may be established, as the case may be. We, therefore, ask that you read this document carefully.

For the purposes of the contract, the party contracting the services of Safe Creative, whether a natural or legal person, shall be referred to as the Client or User. An individual who registers, requests, or formalizes contracting operations on behalf of a third party, states and guarantees that they are acting in the interest and on behalf of the Client, within the framework of a mandate and/or representation, and that they are legally capable of contractually binding the Client for all purposes. The denomination of user shall only have the implications and rights recognized in consumer and user regulations when referring to natural persons acting for a purpose unrelated to their commercial, business, trade, or professional activity, or legal persons and entities without legal personality acting on a non-profit basis in a scope unrelated to a commercial or business activity.

Identification of the digital service

The digital service object of this contract consists of access to a technological platform for the creation of technological proof of the content and date of existence of files with intellectual property rights or business assets, sending emails, publishing content on the Internet, and geolocation of photographs and sound recordings, and complementary functionalities, according to the contracted plan (personal, business, or enterprise).

Access to these services is carried out using individual credentials, generated when contracting a subscription or creating an account, and the execution of the service begins the moment the Client accesses their account and uses any of the offered functionalities.

2.- Description of Safe Creative services

2.1 - Registration of works with intellectual property rights

The service for registering works with intellectual property rights may include one or more of the following provisions:

• The registration and annotation of declarations of ownership and/or authorship in our databases and computer systems. Safe Creative's electronic intellectual property registry operates as a repository in which the foregoing, the content, and details of a work are reliably recorded, for the purposes of proof of authorship and rights. This reliability and the integrity of the information declared and stored are guaranteed by the use of public key technology and infrastructures, which include the generation of three redundant cryptographic hashes for the identification of the work, and time-stamping for the certification and accreditation of the registration date and successive annotations. Additionally, the registration evidence (digital fingerprints) is incorporated every 24 hours into a file that is automatically registered on the Ethereum network blockchain. This allows for adding another layer of traceability, guarantee, and publicity to the registration operations, while maintaining due confidentiality.
• The registration and publication of the terms or conditions of licensing, use, and exploitation of intellectual property rights associated with the registered content or works. The User may determine the conditions under which they permit the reproduction, public communication, distribution, and other exploitation rights over their works, to facilitate the self-management of these rights or information to third parties.
• The issuance of certificates of registration of authorship, ownership, rights, and conditions of licensing, use, and exploitation of the registered works, so that, should the need arise, documentary proof can be provided to accredit said information and the date and time of the registration in Safe Creative.
• When registering a work, or part of it, sketches, or other content, the User attaches a digital copy of it or, failing that, sufficient information that allows the work to be unequivocally identified, which is stored in Safe Creative's computer systems. In registrations where the file containing the work is not attached or stored, but rather information for its identification, this may be photographs in the case of sculptures and other plastic arts, artistic or production data sheets in the case of films, cryptographic summaries ("hashes") of the original file that the User safeguards, or other means, in all cases under the User's responsibility. If the information provided requires complementary information to be used as proof of registration, as is the case with cryptographic summaries, which need the original file for their verification, or as with encrypted information, which requires a password to access it, the User assumes the responsibility of safeguarding and providing said complementary information, should the need arise to assert the proof of registration.
• In any case, in registrations made without storing or depositing the work, Safe Creative does not guarantee and is not responsible for the information provided by the User allowing the identification of the work. In registrations made with the deposit of the work, only when the User so indicates at the time of registration, Safe Creative will allow access to a copy of the deposited work, either directly or by means of search engines, publications, and other tools or functionalities established by Safe Creative.

2.2 - Online gallery and work licensing: Creators

The Creators service is a space that allows for the publication, dissemination, exhibition, and display of works registered in Safe Creative, as well as a platform that facilitates the User in transferring or assigning certain rights over their works to third parties.

Through their profile and space within the Safe Creative platform, the User will determine the permissions or access privileges to their works, the visible information and content, the possibility of reproduction, public communication, or direct download through Creators or any other available functionality, condition, or limitation, as well as the options and offer for use, licensing, and exploitation of their rights that they permit to third parties and their conditions.

In accordance with the foregoing, this service includes the following functionalities:

1. The publication and promotion of the User's work within safecreative.org/creators (or any space that replaces it), under the conditions, categories, and parameters defined by the User, in a professional profile and with the registration and descriptive information that is determined. The User must indicate whether or not downloading, streaming access, or any other modality of reproduction or access to the work is permitted. Said content will be indexed by Safe Creative and accessible through an internal search engine.
2. The possibility of defining the parameters, conditions, or terms under which they grant or license the exploitation of said works to third parties. The aforementioned configuration will be determined on the platform itself, and will in any case include the possibility of establishing or restricting exclusivity, transferability, temporal or geographical scopes, intended uses, and other options adapted to the type of work, and the price. The possibilities will depend on the available parameters. If it does not adapt to your needs, contact us so we can analyze custom options.
3. A space and tools for the User to market and grant licenses or rights over their works to third parties, under the terms indicated below.
4. The generation of the electronic licensing document that the buyer can request in PDF or NFT format with the information of the licenses or rights acquired in accordance with the foregoing.

The NFTs or PDFs generated by Safe Creative constitute the electronic medium for the licenses or assigned rights. The information they include specifies the terms of the licensing, so that ownership of the NFT therefore implies ownership of the license or rights. Said NFTs are not negotiated or exchanged by equivalence, which is why they do not constitute a financial instrument in the legal sense. The foregoing considerations are subject to modification as this is an emerging and changing technology. In any case, the User states that they know the operation and functioning of the transaction, management, use, and characteristics of crypto-assets and NFT technology, as well as matters relating to electronic or virtual wallets, the blockchain and its underlying technology, at least sufficiently and responsibly to understand and be able to use this technology in accordance with these conditions. Otherwise, consult a professional or you must refrain from its use.

All collections and payments are made through a secure platform and environments, managed by STRIPE Inc., a company incorporated in the USA, with its address at 354 Oyster Point Blvd, San Francisco, CA 94080. To this end, Safe Creative uses Stripe (stripe.com) to receive payments and deliver the corresponding amount for the sale of licenses.

In the sign-up process for the Creators service, the User sets up their own account on the Stripe platform to manage the collection of the amounts received from the sale of licenses for their works.

2.2.1 In the event that the medium for the license is an NFT.

Ownership of the NFT implies ownership of the license or rights. Said NFTs are not negotiated or exchanged by equivalence, which is why they do not constitute a financial instrument in the legal sense. The foregoing considerations are subject to modification as this is an emerging and changing technology. In any case, the User states that they know the operation and functioning of the transaction, management, use, and characteristics of crypto-assets and NFT technology, as well as matters relating to electronic or virtual wallets, the blockchain and its underlying technology, at least sufficiently and responsibly to understand and be able to use this technology in accordance with these conditions. Otherwise, consult a professional or you must refrain from its use.

The NFTs used by Safe Creative are created by means of the Polygon protocol and blockchain (formerly known as MATIC), which consists of a secondary blockchain connected to the Ethereum network. The Polygon network and its standards are currently considered a secure, fast, scalable, reliable, and cost-efficient framework in the context of NFTs.

The use of Polygon requires that said NFTs must be stored in a virtual wallet in MetaMask (https://metamask.io/), a web browser extension that includes an application for this purpose and that interacts with that blockchain. MetaMask is a third-party application, separate from and independent of Safe Creative. The buyer or assignee User must previously create and specifically configure their MetaMask wallet to connect to Polygon. For more information, consult the documentation and guides available at https://docs.metamask.io/guide/. In the future, the system may allow the use of other different electronic wallets compatible with Polygon.

In accordance with what has been indicated, our NFTs incorporate the identification data of the work, including the title, author, registration identifier, as well as the corresponding rights information (that is, the conditions of the license or assignment). The functionality of the NFT is, therefore, to establish a mechanism that guarantees the buyer, assignee, or holder a technologically secure means to hold the ownership of the license or assignment it represents. The NFT may have, in addition to the technical limitations inherent to the indicated protocol and standards, other technical limitations linked to the rights it represents, for example, its transferability, units, or spaces and scopes of application or use.

Third parties who are interested in contracting a license or rights under the offered terms must select and formalize a request within Creators, connect the electronic wallet to which the NFT will be linked and transferred, and enter the data of the owner or assignee if contracting on behalf of a third party. Once the payment is made through the corresponding gateway, Safe Creative will generate and transfer the NFT to the buyer User's electronic wallet according to the indicated conditions, will deliver to the assignor User the amount corresponding to the payment for the license or assignment of rights, and will retain the portion of the payments corresponding to the services of creating the NFT and use of the platform.

2.2.2 Return policy

Since what is acquired are not physical works or copies, but digital copies or licensing agreements, returns are not possible once the purchase is completed. The acquisition of a digital work or a licensing agreement implies explicit acceptance that neither returns nor refunds are possible.

2.3 – Trademark registration

The trademark registration service offered by Safe Creative may include one or more of the following procedures:

1. A non-binding preliminary analysis of the possibility of registering the trademark in the corresponding office. In this study, Safe Creative's legal experts verify if the trademark is already registered by third parties and if its name and format meet the requirements for registrability.
2. A non-binding advanced analysis of the trademark's registrability, in which, in addition to verifying the registration's availability and the registrability of the name and format, our experts also evaluate the intended uses of the trademark, providing recommendations on the most appropriate scope of protection and any other pertinent advice.
3. The processing of the trademark registration application before the national patent and trademark office of the country or region corresponding to the User's request.
4. Intermediation between the user and the corresponding registration office, which includes the transmission of any information related to the application, the preparation and submission of responses to potential oppositions, or other procedures derived from the registration process.
5. The renewal of previously registered trademarks, once the current protection period has concluded.

Safe Creative does not guarantee that registration applications will be accepted by the corresponding offices, and will not be held responsible in the event of its denial or, in the case of it being granted, for possible oppositions from third parties. The costs associated with the registration, as well as the management fees, will not be refunded if the application is rejected by the registration office.

When requesting the registration of a trademark through Safe Creative, the user must provide all necessary information related to the trademark and the type of registration they wish to perform. Before proceeding with the application, Safe Creative will carry out the viability study (basic or advanced, according to the user's choice). This study is merely informative and does not compromise the final decision of the registration office.

If the viability study concludes that the registration is not viable, the application will be canceled, and the funds corresponding to fees and procedures will be refunded to the user. However, the amount paid for the viability study will not be refundable once it has been issued.

It is important to highlight that Safe Creative acts exclusively as the user's representative, serving as an intermediary before the registration offices. The user will be the legitimate owner of the registered trademark.

Once the user provides the required documentation, Safe Creative will proceed to process the application before the corresponding office. Once submitted, the user will receive a copy of the submission certificate.

Throughout the process, Safe Creative will keep the user informed about the status and progress of the application.

Safe Creative reserves the right to not manage those trademark registration applications that, at its sole discretion, it deems inappropriate. This includes, among other reasons, failure to meet the required legal or technical requirements, the existence of potential conflicts with third-party rights, lack of response or due cooperation from the user to the indications or requests for additional information or specifics that the legal team may pose to properly manage the applications. Likewise, Safe Creative may refuse to manage applications that are not intended for the protection of commercial activities for products or services. In these cases, Safe Creative will inform the user of said decision and, if applicable, will proceed to refund the fees and management costs not incurred, excluding the amount paid for the viability study, which will not be refundable.

2.4 – Certification Services

• Certification of the sending, content, and attachments of emails (SafeStamper Mail).
• Certification of the opening and reading of emails (SafeStamper Notify).
• Certification of the existence and integrity of any digital file by means of time-stamping (SafeStamper File).
• Provision of advanced electronic signature services for documents (SafeStamper Signature).
• Certification of the content of static web pages or dynamic browsing sessions (SafeStamper Web).
• Certification of photographs, videos, and audio with geolocation taken from the mobile application (SafeStamper App).

3.- Access to and use of the services

Safe Creative's services are available through the spaces/websites safecreative.org and safestamper.com and are offered through a secure and reliable environment by means of digital certificates. The user must have a computer, terminal, mobile device, tablet or equivalent, connectivity, and the operating systems and applications necessary to access the Internet. Access to the indicated websites is optimized for the latest tested and stable versions on the most common devices and browsers.

The mobile applications are optimized for devices that support the operating system versions and compatible terminals indicated in the Google Play and App Store repositories. The applications will not access contact data, although they will collect the date, time, and duration of access to them. The user must allow the storage and modification of data on the device, the use of connectivity services, and the additional requirements and configurations indicated during the download, installation, and activation of said applications.

The use of work licensing services by means of NFT is subject to additional conditions and requirements, as described in point 2.2 of these conditions.

Sign-up/registration as a User is necessary to use the registration, gallery, and third-party licensing services by means of NFT or PDF.

Once the registration data is entered, the user will receive an activation email at the indicated address, with a hyperlink that must be validated for the registration to be completed. If this action is not performed, the registration will be invalidated. The fields marked with an asterisk (*) are mandatory for signing up and contracting, and without them, the corresponding account activation will not be processed. Access data, username, and password, are for the exclusive use of the Client, are non-transferable, and must be kept confidential. In case of loss or compromise of the foregoing, you must contact us immediately so we can proceed to block them. Otherwise, the Client will be responsible for the acts carried out using said data.

In the case of contracting online, at the end of the process, confirmation that it has been successfully completed will be shown on screen, and/or an email message will be sent to the address provided by the Client, reflecting their data, payment confirmation, as well as the description or list of the products and/or services contracted and their price, within a reasonable period and in any case before 24 hours.

Subscription to the services can be contracted for monthly or annual automatic renewal periods, which the user can cancel at any time.

The User shall be solely responsible for the data or information provided, the consequences, results, effects, damages, and losses arising from the foregoing, particularly from the publication, data, access, permissions, and rights declared in relation to the works, the offering and the licensing conditions they establish, and from contracting with third parties under said terms.

Safe Creative only provides the platform for generating proof or evidence for the protection or defense of rights or the marketing or granting of licenses, without the foregoing implying a mandate, representation, commission, or individual or collective management of rights under the terms of Spanish intellectual property legislation.

Licenses or rights are not, in any case, negotiated, granted, or transferred by Safe Creative; rather, it limits itself to incorporating the information about the rights being transacted, which the parties (assignor User and assignee User) enter into on their own behalf, into the NFT that it generates and assigns to the buyer/assignee at the specific request of the parties.

4. User Obligations

4.1 General obligations for all services.

1. The Client or User must be over 18 years of age, and be fully capable of contracting in accordance with their personal legislation. Otherwise, they must provide specific authorization from their legal guardian or guardians to use Safe Creative's services as provided in this document. In the case of legal entities, the Client declares and guarantees that it is legally constituted, registered, active, and/or in good standing in the public registries, organizations, and bodies required for the scope of its activity, and is current with all its obligations.
2. The User guarantees that all information provided, including any data or files attached, is truthful, correct, complete, current, and lawful. Creating an account with false, outdated, or third-party information, or especially in violation of intellectual or industrial property rights, data protection, honor, privacy, and personal image, confidentiality, or secrecy, or with information that constitutes a crime, will imply a serious infringement or breach of these conditions. Safe Creative reserves the right to suspend, block, or cancel accounts that infringe trademarks, trade names, or other distinctive signs, that use third-party names or pseudonyms without authorization, are illicit, offensive, or harmful, or that in any way breach these conditions.
3. The User must receive and attend to notifications or messages sent by Safe Creative regarding the possible infringement of third-party intellectual or industrial property rights, obsolescence or incorrectness of data provided by the user, incidents arising from the use of Safe Creative's services, committing to respond in a timely manner.
4. The User undertakes to respect the intellectual and industrial property rights of other Safe Creative users as well as of the service itself, and is prohibited from any extraction, decompilation, or reverse engineering that affects the content, understood as the hosted works, computer programs, databases, or any other elements that are part of the Safe Creative service. The following is expressly prohibited:
   1. The use of spiders, bots, or other automatic devices, programs, scripts, methods, or any similar manual process to replicate Safe Creative content or present Safe Creative's services in any way.
   2. Attempting to access any part or service of Safe Creative or any component of Safe Creative's networks and communications by any illegal or prohibited means (hacking, password mining, etc.).
   3. Probing, scanning, or testing the vulnerabilities of Safe Creative's services or any network connected to the properties, or violating any security or authentication measure of Safe Creative's services.
   4. Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of Safe Creative's systems or networks or the infrastructure of any system or network connected to Safe Creative's services.
   5. Using any device, software, or routine to interfere with the normal operation of Safe Creative's Services or any transaction on Safe Creative's Services by any other person.
   6. Forging headers, impersonating, or otherwise manipulating identification, to conceal your identity or the origin of any message or transmission you send to Safe Creative.
   7. Using Safe Creative's Services in an illegal manner.

4.2 Additional obligations for the use of registration of works with intellectual property rights and other related services

1. The User guarantees that they are the author or owner of the rights they register in the registry or, where applicable, that they have obtained the corresponding authorizations or sufficient power of attorney from the owners for their registration in Safe Creative, their reproduction, dissemination, transformation, public communication, and other acts of exploitation derived from these legal conditions and their effects.
2. In any case, the User also guarantees that the work being registered, whether original or derived, does not infringe or harm the rights or interests of third parties, in particular intellectual or industrial property rights, confidentiality commitments or duty of secrecy, market and competition rules or agreements, data protection rights, privacy, honor, and personal image of other persons or entities, among others. Especially, and in cases where a third party requests the deletion, modification, or any other act that affects the information, rights, or content registered by the User in Safe Creative, the User is obliged to comply with the "Protocol for copyright infringement claims", and with the measures adopted by Safe Creative in response to any claim or complaint related to the foregoing raised by a third party against a Safe Creative User.
3. For Safe Creative to be able to perform the registration while storing a copy of the work, it is necessary for the User to grant it certain rights. In this regard, when registering a work, the User may indicate one of the following options, and in doing so, expressly grants the following assignments of rights in favor of Safe Creative:
   1. Private registration: Safe Creative will not offer any information about the work, nor will it allow the reproduction, download, or any other access to the deposited copy.
   2. Public registration, without access to the deposited copy: The User assigns to Safe Creative the rights of reproduction and public communication of the work for the processing and use of its identifying information (title, synopsis, license, rights policy, and other associated metadata) for cataloging, search, and access purposes.
4. Additionally, if the User wishes to publicly display their work, Safe Creative provides the virtual gallery "Creators". By opting for this service, the User assigns to Safe Creative the rights of reproduction and public communication of the work for its display, download, processing, and use of its identifying information (title, license, rights policy, and other associated metadata) for cataloging, search, and access purposes.
5. The User may make or revoke the assignments from the previous point at any time, by modifying the corresponding parameters in their registration and without prejudice to the rights already granted to third parties. In any case, the assignment of these rights shall be free of charge, non-exclusive, non-transferable, and without any territorial or time limitation. It is especially noted that all the aforementioned rights granted to Safe Creative are revocable at all times, are limited to the acts that make the operation, management, and access to the hosted content possible, and this assignment does not permit Safe Creative to exploit the work in any way other than that established, either by itself or through third parties, whether for profit or free of charge.
6. The provisions of the preceding paragraph shall apply to the information offered when consulting works with public registration in Safe Creative, both through the website and through the Safe Creative API.

4.3 Additional obligations for the online gallery and NFT-based work licensing services.

1. The Client or User states and guarantees that there is no impediment, limitation, or condition that prevents, hinders, or affects in any way the offer, advertising, transfer, or assignment of intellectual property rights over the works or creations made available to third parties through this service. The Client shall be responsible for specifically accrediting the foregoing, providing the documentation that may be required by Safe Creative or a third party. Among others, they must verify the correspondence between their ownership and rights over the work and those they assign or license, possible prior or concurrent agreements or commitments, the legal framework, their capacity, and legitimacy.
2. The Client or User must guarantee, maintain, respect, and safeguard the rights assigned or licensed to a third party, in strict adherence to the agreed terms. Failure to comply with the foregoing shall entitle the buyer or assignee User to take appropriate legal action, including claims for damages caused. It shall be the assignor User's obligation to comply with the tax and administrative obligations arising from the transfer of rights, including tax declarations, settlements, payments, and/or withholdings, the issuance of an invoice for the corresponding payment amount, and any others required according to the legislation corresponding to their residence or location.
3. Likewise, the Client or User shall also be subject to specific identification and verification requirements derived from the operations and transactions corresponding to licensing to third parties and Safe Creative's services, as well as those required by the Stripe payment platform or gateway (stripe.com). In particular, they must provide official documents for identity, address, incorporation, registration, and standing (in the case of legal entities), as well as any other required by regulations on the prevention of money laundering and the financing of terrorism, and complete the necessary forms and declarations, all to identify possible traces of criminal financial activities disguised as buy-sell operations of intellectual property rights through Safe Creative. Said information will be collected by Stripe to create their client account, in accordance with the conditions determined by Stripe Ltd. unilaterally and independently. In addition to providing the information, the User authorizes Safe Creative to maintain a record of the information for the period their account is active and within five (5) years following the closure of their account, in accordance with regulatory standards and requirements. All the foregoing information must be kept up-to-date. In case of non-compliance with the foregoing, Safe Creative reserves the right to block or close their User account and retain any amounts due.
4. The foregoing identification and verification requirements shall also apply to buyer Users of licenses or assignees.

4.4 Obligations in case of claims regarding registrations made

In the event that Safe Creative receives a claim related to a work registered by a user, the user must attend to Safe Creative's request to confirm the veracity of the information provided in the registration. To do so, the user must sign a sworn statement ratifying the accuracy of the registered data.

If the user does not respond to said request within the established period, Safe Creative reserves the right to cancel the registration of the affected work.

Furthermore, in the event that a user receives three or more claims regarding the information registered in different works, Safe Creative reserves the right to cancel the user's account and delete all registrations associated with said account.

4.5 Obligations for obtaining authorization for the use of third-party data involved in the certification processes carried out by the User.

In the case of using any of the services in which the user interacts with third parties, the user undertakes to inform them in advance about the use of the platform, the terms and conditions, as well as the data privacy policy, in order to comply with the personal data protection policy in their role as data controller. The user undertakes to obtain any necessary prior express authorization to be able to communicate this personal data to Safe Stamper. In accordance with the foregoing, Safe Stamper shall not be held responsible for non-compliance with these requirements.

5.- Safe Creative's Commitments

1. Safe Creative hosts and safeguards the files deposited by means of this service, committing not to make use of them outside of the cases provided for in these legal conditions, except with the express consent of the authors/rights holders, and must maintain them in the same condition in which they were entrusted and guarantee that unauthorized third parties cannot access them.
2. Excepted from the provisions of the previous point are precautionary or definitive actions that are ordered and reliably notified by competent administrative or judicial authorities within the framework of an investigation or judicial proceeding.
3. Safe Creative, at the request of Users with a personal, business, or enterprise subscription, undertakes to certify to third parties the content of their registration in the terms in which it was registered and declared, and providing the information that the User has indicated.
4. Exceptionally, Safe Creative reserves the right to block, suspend, or interrupt access to content or services that it may consider fraudulent, illicit, or contrary to the provisions of these conditions, as well as to exercise the legal actions it deems appropriate in defense of its own interests or those of the persons it represents.
5. The certifications of emails and web pages carried out with Safe Stamper include a URL that allows for verifying the authenticity of the certificate. For those certificates with sensitive, confidential, or legally restricted information for publication, the user can block access to the verification URL by setting an access password or deactivating the verification service.
   1. Safe Creative reserves the right to limit the free access option to the verification URL for those certificates that may contain information whose publication could be restricted by legal regulations.
6. To offer the certificate verification services described in the previous point, Safe Creative hosts and safeguards the certificates and data generated by means of this service, committing not to make use of them outside of the cases provided for in these terms of use.
7. Excepted from the provisions of the previous point are precautionary or definitive actions that are ordered and reliably notified by competent administrative or judicial authorities within the framework of an investigation or judicial proceeding.
8. Exceptionally, Safe Creative reserves the right to suspend or interrupt access to content that it may consider fraudulent, illicit, or contrary to the provisions of these conditions, as well as to exercise the legal actions it deems appropriate in defense of its own interests or those of the persons it represents.
9. The commitment to store and safeguard the data generated for consultation is for an indefinite period, but not less than 3 years.
10. Liability and guarantees of Safe Stamper certification services
    1. Safe Creative's obligation to safeguard information does not exclude the user's duty and responsibility to have their own security policy and to implement and supervise backup and data recovery systems to prevent the loss of the certificates that the user generates, and Safe Creative shall not be liable for any direct or indirect damages that any deletion or loss of said certificates may cause. In any case, the parties accept that Safe Creative's maximum liability for all types of damage shall be limited to the amount or remuneration paid to Safe Creative for the services acquired in each case, without prejudice to what is specifically provided by applicable consumer and user legislation, as the case may be.
    2. Some web addresses restrict the allowed volume of queries, or block access to automated query systems like the one used by Safe Stamper Web, preventing the content from being obtained for its certification. In these cases, Safe Stamper will indicate that it cannot access the web content to be certified. Some web addresses offer different information depending on the location from which the query is made, or the characteristics of the browser used. In this way, websites can change the language, currency, products, services, etc., according in the country; or adjust the content to the size of mobile devices, etc., so it is possible that the information sent to the Safe Stamper certification browser does not correspond to what is displayed from another address or browser. Safe Stamper Web certificates report the IP address from which the certified information was obtained, and the type of browser used. Safe Creative does not guarantee being able to access and certify the content of those web addresses that have systems for restricting queries, or blocking access to systems.
    3. The browsing system is autonomous from that of the user, thus ensuring its independence. For this reason, browsing cannot be carried out on pages that require certificates or components installed on the user's computer.

6.- Privacy policy

Registration or sign-up as a Safe Creative user also implies the express acceptance of our Privacy Policy which regulates the treatment of the personal information of our Users, of the access keys to the service, and the implemented security measures that prevent the access, modification, or deletion of our files by unauthorized persons.

7.- Economic conditions

Safe Creative offers certain limited free services, as well as paid services. The contracting modalities and prices of the registration services are shown on https://www.safecreative.org/, and may be updated periodically.

For the services of generating and assigning NFTs, Safe Creative shall apply a fixed fee for the generation and transmission or assignment of the NFT to the assignee User, as well as a variable fee (percentage) on the price of the license/assignment of rights, in concept of access to and use of the platform. Said amounts, including Value Added Tax (VAT) where applicable, will be determined before payment and added to the final amount to be paid by the NFT acquirer, and will be settled with the seller or assignor User. In the case of Users residing in the Canary Islands, Ceuta, and Melilla, the operation will be subject to the special taxes that apply and shall be settled by the assignor User.

The payment methods specifically indicated at the time of purchase are accepted. In any case, Safe Creative will not have access to the account, card, or other payment method data entered on the platform, which are processed through a third-party virtual gateway that uses communication encryption, preventing data interception in transit, all in accordance with common standards and the security requirements established in current legislation for payment providers or intermediaries.

In the event of failure to comply with any of the payment obligations established in this contract, the defaulting party shall automatically, and without the need for prior payment demand from the creditor party, be in default and shall be obliged to pay the amounts owed plus interest consisting of the legal interest rate established annually.

Non-payment of any amount shall also entail the immediate interruption of access to the service. Said access will be restored once the outstanding amounts, as well as the corresponding interest and expenses, are paid.

When the amount of a purchase has been charged fraudulently or improperly using the number of a payment card, the consumer and user who owns it may demand the immediate cancellation of the charge. In such cases, the corresponding debit and credit entries in the accounts or cards shall be made as quickly as possible.

8.- Intellectual property and use of content

1. The programming and other elements that make the operation of Safe Creative's services possible, including but not limited to its source and object code, design and look and feel, texts, graphics, sound and/or image files, are the exclusive property of Safe Creative. The User shall have a non-exclusive, non-transferable right of use over said elements, without territorial limitation, conditional on maintaining their status as a registered user and exclusively for using the services in accordance with these conditions. Certain elements are subject to trade secret and duly protected, and no access or use of any kind is permitted.
2. The intellectual property rights of the works registered in Safe Creative belong to their authors or, where applicable, to those to whom they have assigned their rights.
3. Registration in Safe Creative and, where applicable, access through Safe Creative's informational registry services, does not grant rights to the persons who consult them. Any act of exploitation of the same shall require the consent of their respective owners.
4. If you believe that any of the content on Safe Creative infringes your own or a third party's intellectual property rights, please notify us by indicating the "Notify irregularities in this registration" option on the registration information page of the work in question, so that we can take the appropriate measures. The submission, communication, or filing of a claim for intellectual property right infringement will trigger the procedure and measures indicated in our "Protocol for copyright infringement claims".

Safe Creative grants registered Users a free, worldwide license to use the "Safe Creative" trademark, exclusively for the purpose of identifying or referencing the registration of the work or deposit in favor of Safe Creative, either directly or by means of plugins, bookmarklets, and other tools or software applications that facilitate said registration. Any other use of the "Safe Creative" trademark shall require express written consent.

9.- Liability and Warranties

1. In accordance with the description of the services indicated in these conditions, Safe Creative is not responsible for the veracity, accuracy, or timeliness of the data entered by Users, nor for possible infringements of any rights held by third parties with respect to the registered works, their acts, licenses, and other actions. The User shall be liable for and hold Safe Creative harmless from, especially, claims based on the infringement of intellectual or industrial property regulations, confidentiality or trade secrets, data protection, privacy, honor, and personal image of third parties, assuming the damages, losses, expenses, and pecuniary charges that may arise from the exercise of actions, claims, or conflicts against Safe Creative for these reasons, including the fees, charges, or tariffs of lawyers and court procurators, even if their intervention was not mandatory.
2. Safe Creative guarantees access to and availability of the services under the terms set forth in the "Service Level Agreement: Safe Creative SLA" paragraph of these conditions. All Safe Creative services shall be subject to the warranties expressly determined in the corresponding general and/or particular conditions and the legislation on consumers and users. Safe Creative will not offer any commercial or additional warranty beyond those indicated above. In this regard, and in accordance with current regulations, in the case of digital content and services, the warranty will be for 2 years, all counting from the date the keys and resources for access to them are made available, or the execution of the individualized services. The warranty will not cover problems arising from the obsolescence of the Client's computer systems.
3. The total aggregate liability of Safe Creative, S.L. to the Client arising from the provision, non-performance, or defective performance of the services subject to these Conditions shall be limited to a maximum amount equivalent to five (5) times the amount effectively paid by the Client to Safe Creative for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to it.
4. Safe Creative shall not be liable for errors, inaccuracies, or defects, reliability, suitability or purpose, legality, and other issues affecting the content of the licenses or contracts chosen by the User to determine the usage policy of the registered works or the licensing thereof, nor for problems or conflicts arising from said licenses or contracts, nor for the adequacy, convenience, sufficiency, or limitations of the licenses or rights acquired by a User. Safe Creative only provides the platform for Users to register, license, assign, disseminate, publish, and perform certain acts on their works or creations, in all cases under the User's criteria or convenience. The User should seek prior information or advice from specific professionals in case of doubt.
5. Likewise, and without prejudice to the foregoing, Safe Creative is not responsible, in any case, for damages of any nature that may arise from the registration of intellectual property works through the API (Application Programming Interface) integrated into the website of a third party unrelated to Safe Creative.
6. Safe Creative selects and chooses suppliers and collaborators according to criteria of quality, guarantee, and responsibility, although in services where Safe Creative acts as an intermediary, thus being provided by third-party collaborators, it will not be responsible for their execution, results, operation, or obligations assumed by them, the User's relationship with the latter being external to this contract. The User expressly accepts and acknowledges that the relationships established with other users or third parties are the responsibility of the parties. In particular, Safe Creative does not assume in any way, guarantee, or respond to the fulfillment of the obligations contracted between the parties in the agreements or contracts they enter into within the Safe Creative platform, its role being limited to providing a series of solutions and tools that facilitate the preparation, negotiation, acceptance, and custody thereof, without intervening specifically in the business relationships carried out between the parties.
7. The conditions, parameters, or configurations of the licensing or rights assignment agreements or contracts proposed or available through the platform have been prepared by professionals, have been duly verified, and are legally valid, although due to their generality, they do not necessarily have to adapt to the specific circumstances, aims, or purposes of the parties. The User also accepts and exclusively assumes all consequences caused by possible errors, inconsistencies, conflicts, or contradictions between the contracts they enter into or accept through the Safe Creative platform and their own acts, prior or subsequent (for example, contracts, licensing systems used, publication and dissemination of content...). Therefore, Safe Creative disclaims any liability for their specific use or application, beyond their technical quality.
8. Regarding the intellectual property consultation service, it is especially noted that the answers, guidance, or considerations provided do not constitute a legal report or opinion issued by lawyers, but merely legal guidance or recommendation based on the information and data stated or provided by the User, which may therefore be partial and incomplete, without Safe Creative acting within the framework of said profession or being subject to the obligations and guarantees established for them. The User acknowledges and accepts that said information does not constitute or replace the advice that can be provided by a registered lawyer duly qualified to intervene and provide legal advisory and defense services in their territorial scope, for which reason any liability for acts carried out by the user as a consequence of said guidance or recommendations is excluded.
9. In the case of automatic registrations via RSS feeds from blogs, some web addresses offer different information based on specific blog design features, the location from which the query is made, or the characteristics of the browser used. In this way, websites can change the layout of information, appearance, visible information, accessible information, etc., depending on the country; adjust the content to the size of mobile devices, etc., so it is possible that the information sent to the Safe Stamper certification browser does not correspond to what is displayed from another address or browser, and even, if the website requires User interaction, or depending on design features, the information desired to be registered cannot be accessed automatically.
10. Safe Creative cannot guarantee the availability, continuity, or absence of errors in the communication services offered by platforms or services external to Safe Creative and whose use is necessary to make payments, transactions, or the automated registration of works that the user stores or publishes on them, such as Dropbox, Google Drive, Instagram, Google Photos, or content syndication systems published on blogs and specific web addresses. For this reason, Safe Creative disclaims any liability for possible interruptions or errors, or for the non-availability of the automated registration service, when it is due to causes attributable to the platform containing the works.
11. The copyright information of works licensed via NFT through the virtual gallery safecreative.org/creators is published permanently on blockchains and decentralized storage servers/systems, associated with the virtual wallets of the respective buyers. Safe Creative does not safeguard or have any control over said elements, the blockchains, protocols, or underlying technology of the NFT's operation once created and assigned to the buyer or assignee User.
12. Safe Creative may offer, at its sole discretion, temporary and free access to certain functionalities that normally require a paid subscription. This free access is intended to allow the testing and evaluation of said functionalities by users. This type of access is temporary without guarantee of a fixed duration. Safe Creative reserves the right to terminate this type of free access to functionalities belonging to subscription accounts at any time and without prior notice.

10.- Service Level Agreement: Safe Creative SLA

Definitions.

The definitions indicated below will apply to Safe Creative's SLA.

• "Downtime" is considered to be time during which system communication operations are erroneous by more than 5%
• "Monthly uptime percentage" is the total number of minutes in a calendar month, minus the number of minutes of downtime recorded during that month, divided by the total number of minutes in the calendar month.
• "Service Credit" is each of the days by which the expected expiration of an account contracted by a client is extended free of charge.

Terms of Safe Creative's SLA:

The web interface and API of the services included in Safe Creative accounts will be operational for the clients of these accounts with a monthly uptime percentage of at least 99% in the range of any calendar month.

In the event that Safe Creative SL does not meet this service level (Safe Creative SLA), and the user has contracted a non-free account, and meets the obligations contemplated in these terms of use, the user will be entitled to receive the corresponding Service Credits according to the following table:

The resolution of this Safe Creative SLA is the user's only legal recourse in the event that Safe Creative does not provide the agreed service.

The user must request the service credits that may correspond to them. The request must be made to Safe Creative during the month following the one in which the breach of the Safe Creative SLA may have occurred. After this time, they will lose the right to receive the service credits.

The Safe Creative SLA does not apply to communication or performance problems caused by causes beyond Safe Creative: by force majeure, or due to the client's equipment, third parties unrelated to Safe Creative, or both.

11.- Right of Withdrawal and Cancellation of Automatic Renewal

11.1. Right of Withdrawal for Consumers

In accordance with Royal Legislative Decree 1/2007 of November 16, the right of withdrawal only applies to Clients/Users who qualify as consumers or users under said regulation and its supplementary provisions.

When the contracted service involves a professional individual registration of rights declarations or the generation of NFTs, the right of withdrawal does not apply, as these are personalized services executed in full at the Client's request. This exclusion is based on Article 103, sections a) and m) of the aforementioned Royal Legislative Decree.

11.2. Digital Services Supplied Without Physical Support

In the case of personal or business subscriptions, the digital service is made available to the User immediately upon contracting. By accessing their account with credentials and using the services (such as work registration, certificate download, etc.), the Client expressly authorizes the start of execution and acknowledges that, under Article 103.m) of the Royal Legislative Decree, they forfeit their right of withdrawal.

By accepting these terms, the Client declares that they have been clearly and understandably informed in advance about this forfeiture and gives their express and unequivocal consent.

11.3. Subscription Services

The User expressly acknowledges and agrees that by subscribing, the provision of digital content is not delivered on a tangible medium. Consequently, they expressly authorize Safe Creative S.L. to begin providing the service immediately upon completion of the payment process, fully aware that this entails forfeiting their right of withdrawal under Article 103.m) of Royal Legislative Decree 1/2007.

Furthermore, the User acknowledges that the monthly subscription is automatically renewable, configured as a continuous service contract. Each monthly renewal constitutes a new execution of the service under the same terms and conditions initially accepted, unless otherwise expressly modified by Safe Creative S.L., which will notify the User in advance and with sufficient notice.

11.4. Cancellation of Automatic Renewal

Notwithstanding the above, please note that Safe Creative subscriptions do not require a minimum commitment period and incur no penalties for cancellation. The Client may cancel the upcoming automatic renewal of their plan at any time through the account settings section or by contacting the sales department via the usual communication channels.

The cancellation will take effect at the end of the current billing period, with no additional cost.

In cases where the nature of the contracted service does allow for the exercise of the right of withdrawal, the Client may do so within 14 calendar days from the date the contract was entered into, provided that service execution has not yet started.

To exercise the right of withdrawal, the Client must submit a written declaration clearly expressing their decision to terminate the contract. A model withdrawal form is available here: Download.

12.- Modifications and duration

1. Safe Creative reserves the right to make modifications and updates at any time to the provision of the service, its content, configuration, availability, and presentation of information, as well as to these legal conditions, without prejudice to acquired rights, and to temporarily suspend access for maintenance or improvement tasks, without any claim being due for this concept for direct or indirect damages arising therefrom, beyond those indicated in the "Safe Creative SLA" paragraph.
2. The contracted service provision may be terminated in the event of a breach or violation by either party of the conditions established in this agreement, or at the User's request at any time by requesting the corresponding cancellation of the registration.

13.- Applicable law and jurisdiction

The conditions for providing this service shall be governed and interpreted in all their precepts in accordance with Spanish legislation. Any controversy that may exist between the parties in relation to what is established herein shall be submitted to the Courts and Tribunals of Zaragoza Capital. In the event that the Client or User holds the status of consumer or user according to the Law, the courts and tribunals of their place of residence shall be competent.

Additionally, we inform that there is a European platform for online dispute resolution, accessible at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

14.- Credits

This product includes GeoLite data created by MaxMind, available at http://www.maxmind.com.

15.- Corporate information

This website and the services it provides are owned by Safe Creative, S.L., with Tax ID B99161739 and registered office in Zaragoza (Spain), C/ Bari, 39 3rd floor, and registered in the Mercantile Registry of Zaragoza, in volume 3534, book 0, folio 192, inscription 1.

Safe Creative provides the public keys of its systems. They are available at the following address: Public keys

OFFICES:
Zaragoza
C/ Bari, 39, 3rd floor – 50197 Zaragoza (Spain)