Redsys Processing Services S.L. (Hereinafter Redsys) with business address at Calle Francisco Sancha, 12, 28034 Madrid, tax ID number B85955367, registered in the Mercantile Registry of Madrid, Volume 27802, sheet 70, page number M-501052, Entry 1. Contact Email: marketing@redsys.es.

Purpose of the Terms

Redsys makes the following terms of use (hereinafter the "Conditions") available to users, related to the downloading of software (hereinafter "the software"), owned by Redsys and the utility of which is to integrate the Redsys payment gateway (VirtualPOS) into virtual web stores that have been developed under WooCommerce, Prestashop, Magento, OsCommerce, OpenCart, VirtueMart or ZenCart.

This software is not available anywhere else in the market, you may obtain it through Redsys web and it is offered free to users.

These conditions are considered verified and accepted by the user who will commit to the observance and strict compliance with the provisions contained therein, notwithstanding any other provision of law that applies.

Access to software features and services will be subject to the prior subscription by the user of the Virtual POS contract with a bank.

Conditions for software download

Downloading the software involves the grant of a license for its use free of charge, unless a price is expressly stated, non-exclusive, personal and non-transferable. Except for the limitations expressly established in the law at all times, Redsys does not guarantee, implicitly or explicitly, any aspect thereof or the result of its use, unless otherwise stated by written agreement. Therefore, the program is made available in its original state, its suitability for a particular purpose is not guaranteed nor that it is defect free. Likewise, Redsys is not required to perform correction of errors, changes, updates, to report detected errors or provide maintenance services in connection with the software. However, Redsys can develop new versions that include improvements making them available to the user on its website, and therefore, once the software has been downloaded, recommend the user to periodically review the publication of new versions.

Redsys will not be liable for any damages, direct or indirect (including lost profits) that may result from the use thereof, and in particular, it will not be liable for any damages, direct or indirect, that may result from data loss, projects or software malfunction or damage resulting from network failures that prevent its operation.

The user assumes responsibility for the use of the software, and it is therefore, up to the user to check in advance before downloading, both the software functionality and suitability of the attained services and/or necessary information and its compatibility with its operating system.

Moreover, the user agrees to make appropriate use of the functionalities and services that the software provides, including but not limited to, refraining from (i) engaging in illegal activities, illegal or contrary to good faith and public order; (Ii) causing damage to physical and logical systems of Redsys, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are liable to cause the aforementioned damage.

Intellectual and industrial property rights

Redsys owns the Intellectual Property Rights of the software, as well as the elements contained therein. Such as, including without limitation; images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of used materials, computer programs necessary for its operation, access and use.

In accordance with the provisions of the Copyright Act, any form of reproduction, distribution and public communication including the making available modality, of all or part of the contents of the software for purposes other than those described in these conditions of use, in any form or by any technical means, is strictly forbidden without prior and express authorization from Redsys.

Use of the software does not grant the user any right or ownership whatsoever over the rights of intellectual and/or industrial property of its contents, therefore Redsys reserves the right to take the corresponding legal actions, to assert its rights or those of third party licensors against any infringement of intellectual and/or industrial property rights.

Disclaimer for warranties and responsibility

Redsys does not guarantee continued access or correct viewing, downloading or use of software that can be prevented, hindered or interrupted by factors or circumstances beyond their control, and therefore, are not attributable to the damage that users may suffer due to failures, interruptions, absence or defect in communications.

Redsys does not assume any responsibility for damages, losses, claims or expenses arising from:

(i) Interferences, interruptions, failures, omissions, telephone service disruptions, delays, blockages or disconnections in the functioning of the electronic systems caused by deficiencies, overloads or communication lines and networks service malfunctioning, or for any other cause beyond Redsys control.

(ii) Unlawful interferences through the use of malware of any kind and via any communications media, such as computer viruses or any other such elements.

(iii) Improper or inadequate use of Redsys web pages.

(iv) Security or browser errors caused by the malfunctioning of the browser or the use of out-of-date browser software versions.

Modifications

Redsys reserves the right to make the changes it deems appropriate in the software without prior warning, deleting or adding functionalities and services to which it gives access, as well as, the way they are presented. It is therefore recommended the user periodically review the publication of new versions once the software is downloaded.

Redsys reserves the right to modify, wholly or partially, these Conditions and to include new ones to which the user will have access through the web, hence, the conditions shall remain in effect as long as they are not modified by others duly published.

Law and Jurisdiction

For the resolution of all disputes or outstanding issues relating to these Conditions the Spanish legislation and competence of the Courts of Madrid shall apply, to which the parties will expressly agree to submit the resolution of all conflicts arising or related to its interpretation and/or execution.