Terms and Conditions

1. Introduction

Logicode Logistics, S.L. (hereinafter, “LOGICODE”) is a technology company specialized in cybersecurity, intelligence, sovereign technologies and advanced digital solutions for technical, operational and enterprise environments.

The Website is intended to provide information regarding LOGICODE, its services, projects, technological capabilities, solutions and related activities. Any information, materials or references made available through the Website, including those relating to GARBO, SANWA or any other projects or initiatives referenced therein, are provided for descriptive and informational purposes only and do not constitute a binding offer, commitment or contractual undertaking unless expressly stated otherwise.

Users are encouraged to read these Terms and Conditions carefully before accessing or using the Website.

Any professional engagement, collaboration, access to restricted environments or provision of services relating to the solutions or projects referenced on the Website shall be governed by the corresponding separate agreements entered into between the relevant parties.

2. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:

Confidential Information means any scientific, technical, commercial, business or financial information disclosed at any time by or on behalf of LOGICODE to the User in written, oral, graphic or machine-readable form (whether or not patentable or copyrightable, and whether or not currently patented or copyrighted) which is owned or controlled by either Party or by any of its Affiliates, including, but not limited to, any know-how, Trade Secret, isolated data, summary, compilation, extract, product, identifying mark, sample, good part, defective part or prototype, unless: (i) is in the public domain at or after the time of disclosure, without such circumstance being due to a breach of this Agreement; (ii) is in the possession of the User prior to the time of disclosure in a demonstrable manner on the basis of its written records and without such circumstance being due to a prior disclosure by or on behalf of LOGICODE; (iii) is acquired by the User lawfully and in good faith from a third party under no obligation of confidentiality to LOGICODE in relation to that information; (iv) is demonstrably acquired by the User in good faith from a third party under no obligation of confidentiality to LOGICODE in relation to that information; (iv) is demonstrably, on the basis of documentary evidence, developed by the User independently and without reference to the Confidential Information received from LOGICODE; (v) is the subject of a judicial or administrative order for disclosure, provided that the User informs LOGICODE sufficiently in advance to enable LOGICODE to seek appropriate safeguards from the judicial or administrative body; or (vi) was disclosed by the User by virtue of express authorization by LOGICODE. The burden of proof of any of the six foregoing exceptions shall lie with the User.

Contents means any information, texts, graphics, photographs, videos, audio files, interfaces, designs, tools, modules, applications, materials, or resources accessible through the Website.

Cookies Policy means the document governing the use of cookies and similar technologies on the Website.

Intellectual Property Rights mean any and all: (i) registered patents, designs and utility models, trademarks and trade names, copyright and rights in database; (ii) any other similar or equivalent intellectual property right and Trade Secrets anywhere in the world that currently exist or may be granted in the future; (iii) applications for registration, extensions and renewals in relation to any of the rights mentioned above; and (iv) the expression of any original work or creation in any format, whether tangible or intangible, including, but not limited to, computer programs, source code, object code, technical documentation, instruction manuals, training material, technical specifications, documents, plans, technical codes or references and/or parts thereof, data formats, drawings, graphics, as well as the results of the transformation, modification, updating, adaptation, new versions or alterations of such works or creations.

Services means the functionalities, tools, modules, spaces, resources, features, or services accessible through the Website, whether current or future, provided either free of charge or for consideration, and subject, where applicable, to these Terms and Conditions or to any specific terms and conditions applicable in each case.

Trade Secret means the data, information, research results, inventions, non-patentable technical improvements, knowledge and know-how, including technological, scientific, industrial, commercial, organizational or finance related knowledge, generated, accessed, provided or acquired in the framework of the activities of LOGICODE and which comply with the following requirements:

• being secret due to the fact they are not generally known by the parties belonging to the circles in which this type of information or knowledge is used, and they are not easily accessible;
• having real or potential business value, for their secret condition;
• being subject of reasonable measures of protection by its owner with the aim of keeping it secret.

User means any natural or legal person who accesses, browses, downloads, or otherwise uses the Website in any manner whatsoever.

Website means the website accessible through the URL https://www.logicode.es/ owned by Logicode, including all associated pages, contents, functionalities, services, applications, domains, and subdomains.

Website Privacy Policy means the document through which Logicode provides Users with information regarding the processing of their personal data carried out through the Website.

3. Purpose

These Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) govern the access to, navigation through and use of the Website and its respective Services, Contents and any other digital resources made available by LOGICODE.

These Terms and Conditions generally regulate the conditions under which LOGICODE makes the Website and its various Contents and Services available to the User.

Access to, navigation through or use of the Website implies the User’s express acceptance of these Terms and Conditions and, where applicable, of the Legal Notice, the Website Privacy Policy, the Cookies Policy and any specific terms and conditions, legal bases or rules that may apply to certain Services or Contents of the Website.

If the User does not agree with these Terms and Conditions or with any applicable legal texts, the User must refrain from accessing, browsing, downloading or using the Website.

Access to or use of the Website also implies that the person doing so has sufficient legal capacity to be bound by these Terms and Conditions or, where applicable, is validly acting in the name and on behalf of the entity they intend to bind.

The specific terms governing any professional engagement, service provision or collaboration with LOGICODE shall be subject to separate agreements executed between the relevant parties.

Certain Services or Contents of the Website may also be subject to specific particular conditions.

Acceptance of such particular conditions may constitute a necessary requirement for accessing the relevant Content or Service.

In the event of any conflict between these Terms and Conditions and the particular conditions applicable to a specific Service or Content, the latter shall prevail with respect to such Service or Content.

4. Ownership of the Website

The full identification details of LOGICODE are set out in the Legal Notice of the Website.

For any queries relating to the Website, the User may contact LOGICODE through the contact channels indicated in the Legal Notice or through any other channels that may, where applicable, be specifically enabled on the Website.

5. Nature of the Website and the Services

LOGICODE makes the Website available to Users, which may include, among other features, informational sections, interaction tools, Content and access modules, search functionalities, third-party integrations, as well as any other functionalities or features that may be available from time to time.

LOGICODE may, at any time, develop, enable, modify, replace, limit, expand, withdraw or reorganize all or part of the Website, including any Services or Content forming part thereof.

The Website may be in an initial, testing, pilot, phased deployment or continuous development stage. Accordingly, certain Services or Contents may not be available at all times, may be limited to certain Users, territories or devices, or may vary in their configuration, scope or operation.

6. Access to the Website and Availability of Services and Contents

As a general rule, access to the Website shall be free of charge, without prejudice to the fact that certain Services may, where applicable, be subject to prior registration, invitation, verification, additional acceptance, technical availability, payment of fees or any other specific requirements determined in each case.

Where the Website enables the creation of user accounts or access to Services or Contents subject to registration, such access and use may additionally be subject to specific requirements, verification processes or the acceptance of particular conditions applicable to the relevant Service or Content.

LOGICODE may suspend, interrupt, limit, restrict or deactivate, temporarily or permanently, all or part of the Website or any of its Services or Contents without prior notice whenever necessary or convenient for technical, operational, maintenance, security, regulatory compliance, service reorganization, force majeure or any other justified reason.

Additionally, access to the Website does not grant the User any Intellectual Property Rights over the Website, its Services, Contents, software, functionalities, source code, interfaces or any other elements protected by applicable intellectual property regulations. Any use of the Website or its Services or Contents beyond the scope expressly authorized under these Terms and Conditions shall be subject to the prior written authorization of LOGICODE and to the provisions set forth in Clause 10 (Intellectual Property Rights).

7. Acceptable Use of the Website

The User undertakes to use the Website diligently, correctly, lawfully and in accordance with these Terms and Conditions, applicable law, good faith and public order.

The User shall refrain from, including without limitation:

• use the Website for purposes contrary to applicable law, morality, good faith or public order;
• introduce, distribute or execute viruses, malware, malicious code, bots or any other harmful elements, systems or programs that may damage, interfere with or alter the Website or the systems, networks or equipment of LOGICODE or third parties;
• impersonate third parties or use third-party data without proper authorization;
• attempt to gain unauthorized access to, use, manipulate or interfere with data, accounts, systems or content belonging to LOGICODE, other Users or third parties;
• reproduce, copy, distribute, transform, extract, reuse or otherwise exploit the Website or its Contents without the prior express written authorization of LOGICODE or the rights holder; or
• extract data or Contents from the Website on a massive scale through scraping, crawling or any other unauthorized automated means or technologies.

8. Third-Party Integrations

The Website may incorporate, link to, display, integrate or allow access to Services or Contents provided by third parties.

Certain third-party services, integrations, resources or links accessible through the Website may be subject to availability limitations, territorial restrictions, technical constraints, access requirements, suspension, modification or discontinuation imposed by the relevant third-party providers.

As a general rule, LOGICODE does not control such third-party services or resources and assumes no responsibility for their availability, operation, continuity, lawfulness, content, quality, security, accuracy or suitability for any particular purpose, without prejudice to any obligations imposed under mandatory applicable law. LOGICODE does not guarantee the permanent availability, compatibility or continuity of any such third-party elements and may modify, replace or remove access thereto at any time.

Access to or use of third-party services or integrations may be subject to the terms, conditions and policies of such third parties, which the User shall review and accept, where applicable, under their own responsibility.

Any references, links or access provided through the Website to third-party websites, platforms, resources or services shall be provided in a clear, accurate and non-misleading manner, identifying, where applicable, that such resources belong to or are operated by third parties independent from LOGICODE. Such references or links are made solely for informational, technical or operational purposes, where applicable, and shall not be construed as implying any affiliation, partnership, endorsement, sponsorship, recommendation, ownership or control by LOGICODE unless expressly stated otherwise, nor shall they create the appearance that the relevant third-party websites, services or contents form part of the Website.

9. Economic Conditions

Access to and use of the Website is free of charge.

Without prejudice to the foregoing, LOGICODE reserves the right to offer, in the future, certain Services subject to payment or specific economic conditions. In such event, LOGICODE shall make available to the User, prior to the relevant contracting, activation or use, the applicable information relating to pricing, payment conditions and any specific terms governing the relevant Service.

Any paid Services or Contents that may, where applicable, be offered through the Website shall additionally be subject to any specific terms or economic conditions applicable thereto.

10. Intellectual Property Rights

All Intellectual Property Rights relating to the Website, its structure, design, architecture, software, interfaces, databases, functionalities, distinctive signs, graphic elements, works, proprietary content and any other elements forming part thereof and owned by LOGICODE or by third-party licensors belong to their respective owners. This includes, among others, the GARBO and SANWA trademarks, which are protected in accordance with Spanish Trademark Law and European Union trademark regulations.

These Terms and Conditions do not imply any assignment, license, transfer or authorization whatsoever in relation to such rights, except for the limited right of use strictly necessary to access and use the Website in accordance with its intended purpose and the applicable contractual documentation.

The reproduction, extraction, reuse, public communication, distribution, transformation, reverse engineering, decompilation, disassembly, exploitation or use of the Website or any of its protected elements beyond what is expressly permitted by law or authorized by LOGICODE or the rights holder is prohibited.

It is expressly prohibited to access the Website or its Contents for the purpose of reproducing, copying, extracting, reusing, exploiting, plagiarizing, training artificial intelligence systems, developing models, algorithms or automated services, or building, developing, feeding or improving products, services or digital environments that are substantially similar to or competitive with those of LOGICODE, unless prior express written authorization has been obtained from LOGICODE or the rights holder.

LOGICODE may adopt any technical, operational and legal measures necessary to prevent, detect, limit or block unauthorized access to, use, extraction, reproduction or reuse of the Website or its Contents, including, among others, restricting or blocking access, suspending its Services or Contents, where applicable, cancelling accounts and exercising any legal actions available to it.

Any person who considers that any content accessible through the Website infringes their Intellectual Property Rights or any other rights may notify LOGICODE through the contact channels indicated in Clause 17 (Communications), providing all information and documentation reasonably necessary for the appropriate assessment and handling of the relevant request.

The contents of this website, including without limitation all texts, images, data, databases, documents, software, source code, audiovisual materials, trademarks, and any other protected materials, may not be accessed, collected, copied, scraped, indexed, analyzed, reproduced, stored, processed, or otherwise used by any automated means, including artificial intelligence systems, machine learning models, generative AI tools, bots, crawlers, scrapers, or similar technologies, for the purposes of training, fine-tuning, testing, benchmarking, retrieval, data mining, content generation, or development of artificial intelligence systems, without the prior express written authorization of LOGICODE.

Any unauthorized automated access or AI-related use of the aforementioned content is strictly prohibited and may give rise to legal action under applicable intellectual property, database protection, contractual, and unfair competition laws.

11. Operation, Availability and Modifications of the Website

LOGICODE may modify at any time the configuration, structure, presentation, functionalities, tools or features of the Services and Contents.

The Website may evolve, be expanded, limited or reconfigured in accordance with LOGICODE’s technical, operational, commercial, regulatory or strategic decisions.

LOGICODE may carry out maintenance, update, improvement, correction or technical adaptation actions in relation to the Website, with or without prior notice, whenever reasonably necessary.

12. Confidentiality and Information Security

The provisions set out in this Clause are intended to apply, where applicable, to those situations in which the Website enables access to restricted areas, demonstrations, technical environments, integrations, enterprise functionalities, collaborations, communications or Services involving the exchange, access or processing of LOGICODE’s Confidential Information, including Trade Secrets.

12.1. Confidentiality Obligations

The User undertakes to keep strictly confidential any Confidential Information exchanged through the Website and, in particular, not to disclose, communicate, transfer or make available such information to any third party without the prior express written authorization of LOGICODE.

The confidentiality obligations set out herein shall remain in force during the use of the Website and for a period of five (5) years following the termination of the relationship between the User and LOGICODE, unless a longer retention or confidentiality obligation applies under mandatory law. Notwithstanding the foregoing, with respect to any Trade Secrets, such confidentiality obligations shall remain in force for as long as the relevant information retains its status as a Trade Secret, provided that such status is not lost as a result of any act or omission attributable to the User.

12.2. Authorized Disclosure

Confidential Information may only be disclosed where required by applicable law, judicial or administrative order, or where expressly authorized in writing by LOGICODE. Where legally permitted, the User shall notify LOGICODE in advance of any intended disclosure.

12.3. Security Measures and ENS Compliance

LOGICODE operates in compliance with the Spanish National Security Framework (Esquema Nacional de Seguridad – ENS), approved by Royal Decree 311/2022, under the HIGH category, which entails the implementation of enhanced technical, operational and organizational security measures for the protection of information systems and processed data.

In this regard, LOGICODE may require additional verification, authentication or authorization procedures in order to access certain Services or Contents made available through the Website.

LOGICODE may also implement security controls and monitoring measures including, among others, encryption of communications, role-based access controls based on the principle of least privilege, traceability and auditing of operations, classification and labelling of information and incident management procedures, including, where applicable, notification to CCN-CERT, in accordance with applicable security regulations and standard.

13. User Liability

The User shall be responsible for the access to and use of the Website, its Services and Contents carried out under their control or through, where applicable, any credentials, accounts, systems or devices associated with them.

The User undertakes to comply at all times with these Terms and Conditions and with any security, confidentiality or access requirements communicated by LOGICODE in connection with the Website or any Services or Contents made available through it.

The User further represents and warrants that any information, materials, files, data, content or documentation provided, uploaded or transmitted through the Website shall be lawful, accurate, up to date and shall not infringe any third-party rights, including Intellectual Property Rights, confidentiality obligations or Trade Secrets.

The User shall be liable for any damages, losses, claims, liabilities, sanctions, costs or expenses arising from: (i) any breach of these Terms and Conditions by the User or by any employees, representatives, contractors or third parties acting under their responsibility or control; or (ii) any unlawful, unauthorized, negligent or fraudulent use of the Website, its Services or Contents, without prejudice to any legal actions that may correspond under applicable law.

14. Disclaimer of Warranties

The Website and its Services and Contents accessible through it are made available to the User on an “as available” basis and within the limits permitted by applicable law.

LOGICODE does not guarantee that the Website or any of its elements or services will meet all of the User’s expectations or be suitable for any specific professional, commercial or personal purposes other than those for which they have been expressly made available.

Without prejudice to any mandatory provisions of applicable law, LOGICODE does not guarantee the absence of errors, interruptions, vulnerabilities, incompatibilities, incidents, delays, inaccuracies or failures affecting the Website or any third-party services or content accessible through it.

15. Limitation of Liability

To the extent permitted by applicable law, LOGICODE shall not be liable for any damages or losses arising from:

• the lack of availability, continuity or accessibility of the Website or any of its Services;
• errors, incidents, interruptions, delays, technical failures, vulnerabilities, malfunctions or incompatibilities of any kind;
• Services and Contents provided by third parties or accessible through third-party integrations, links or functionalities;
• decisions adopted by the User on the basis of the information, content, materials or resources accessible through the Website;
• reproduce, copy, distribute, transform, extract, reuse, exploit or otherwise use the Website, its Contents or any associated Intellectual Property Rights without the prior express written authorization of LOGICODE or the relevant rights holder; or
• extract data, Contents protected by Intellectual Property Rights from the Website on a massive scale through scraping, crawling or any other unauthorized automated means or technologies.
• any unlawful, abusive, unethical, unauthorized, negligent or fraudulent use of the Website, its Services, Contents or functionalities by Users or third parties, including any use in breach of applicable law, third-party rights, ethical standards, cybersecurity obligations or regulatory requirements applicable to the User.

Nothing in these Terms and Conditions shall exclude or limit LOGICODE’s liability in any circumstances where such exclusion or limitation is not permitted under applicable law.

16. Amendments to the Terms and Conditions

LOGICODE may amend these Terms and Conditions, in whole or in part, at any time.

The version of the Terms and Conditions in force at any given time shall be the version published on the Website.

Where the amendments substantially affect the rights or obligations of Users, LOGICODE may communicate such amendments through any means it considers reasonable, taking into account the nature of the changes and the development status of the Website.

Continued access to or use of the Website following the entry into force of the amendments shall imply acceptance thereof, except where applicable law requires additional action from the User.

17. Communications

Communications between LOGICODE and the User may be carried out by electronic means, including email, notifications within the Website, notices displayed on the Website itself or any other digital communication channels enabled from time to time.

The User undertakes to provide and keep their contact details updated and to regularly review the communications sent by LOGICODE through such channels.

Unless otherwise required by applicable law, any communications sent by LOGICODE to the contact details or communication channels provided by the User shall be deemed validly made.

For any inquiries related to these Terms and Conditions, you may contact LOGICODE through the contact form or by writing to [email protected].

18. Personal Data Protection and Cookies

The User may find all information relating to the processing of personal data and the cookies used on the Website in the Website Privacy Policy and the Cookies Policy, respectively, both of which form an integral part of these Terms and Conditions.

Where the User provides LOGICODE with personal data through any means or form, the User undertakes to provide truthful and up-to-date personal information and to keep such information updated at all times. Where the User provides personal data relating to third parties, the User represents and warrants that they are duly authorized to do so. If the User is not authorized or entitled to provide such information, they must refrain from sharing third-party information with LOGICODE by any means, including uploading or hosting on the Website names, addresses, email addresses, photographs or any other information relating to such third parties. The User shall be liable for any damages or losses caused to LOGICODE as a result of any breach of this obligation.

Except where permitted by applicable law, the User may not download personal data relating to other users or third parties contained on the Website, nor use such data outside the Website or for purposes or under terms other than those established in these Terms and Conditions or in any particular conditions applicable to specific Services or Contents of the Website.

19. Survival

Those provisions of these Terms and Conditions which, by their nature, are intended to continue producing effects following the termination, suspension, withdrawal or total or partial expiration of the relationship between LOGICODE and the User, shall remain in force to the extent necessary to give effect thereto.

20. Partial Invalidity and No Waiver

If any provision of these Terms and Conditions is declared null, invalid or unenforceable, in whole or in part, such circumstance shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

The failure by LOGICODE to exercise any right or remedy recognized under these Terms and Conditions shall not constitute a waiver thereof unless expressly acknowledged in writing by LOGICODE.

21. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with Spanish law.

In the event of any dispute relating to the interpretation, validity, effectiveness, performance or compliance with these Terms and Conditions, the parties shall first attempt to reach an amicable solution within a maximum period of thirty (30) calendar days from the date on which one party notifies the other of the existence of the dispute.

Without prejudice to the foregoing, any dispute arising out of or in connection with these Terms and Conditions shall be submitted to the Courts of the city of Madrid, unless applicable law mandatorily establishes another jurisdiction.