1.- Purpose

This document contains the full legal terms and conditions governing the access to, use of, and subscription to the services offered at www.safecreative.org by Safe Creative, S.L. (hereinafter, Safe Creative), a company of Spanish nationality with Tax Identification Number (NIF) B99161739, registered office at Calle Bari No. 39, 3rd Floor, Zaragoza (Spain), and registered in the Commercial Registry of Zaragoza under volume 3534, book 0, page 192, entry 1.

By signing up for, registering, and/or using the services of this website, you accept these terms and conditions in full and without reservation. These terms shall apply without prejudice to any particular or special terms that may be established in individual cases.

We therefore kindly ask you to read this document carefully.

The services offered through the website www.safestamper.com are subject to specific terms of preferential application.

For the purposes of this contract, the term "Client" or "User" refers to the party contracting Safe Creative’s services, whether a natural person or legal entity.

Any individual who registers, requests, or carries out contracting actions on behalf of a third party affirms and guarantees that they are acting in the interest of and on behalf of the Client, within a mandate and/or representation, and that they are legally authorized to bind the Client in all respects.

The designation of "user" will only carry the implications and rights recognized under consumer protection regulations when referring to natural persons acting for purposes unrelated to their commercial, business, trade, or professional activity, or to legal entities and unincorporated entities acting on a non-profit basis and outside the scope of a commercial or business activity.

Digital Service Identification

The digital service subject to this contract consists of access to a technological platform for managing copyright and intellectual property rights, through online tools that enable digital registration of works and rights, issuance of electronic certificates, evidence downloads, generation of unique identifiers and QR codes, title and time priority checks, document management, and additional functionalities depending on the plan contracted (personal, professional, or business).

Access to these services is granted via individual credentials generated upon subscription or account creation, and service execution begins as soon as the Client accesses their account and uses any of the functionalities offered

2.- Description of Safe Creative services

2.1 - Intellectual property registration

The intellectual property registration service may include one or more of the following features:

• The registration and annotation of ownership and/or authorship statements in our databases and computer systems. Safe Creative's electronic intellectual property registry operates as a repository in which reliable evidence of the above, the content, and details of a work are recorded for the purpose of proving authorship and rights. This reliability and integrity of the declared and stored information is guaranteed by the use of public key technology and infrastructure, which includes the generation of three redundant cryptographic fingerprints for the identification of the work, and time stamping for recording and verifying the registration date and subsequent annotations. Additionally, the evidence of registration (digital fingerprints) is incorporated every 24 hours into a file that is automatically registered in the Ethereum blockchain. This allows adding another layer of traceability, guarantee, and publicity of registration operations, 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 contents or works. The User may determine the conditions under which they allow reproduction, public communication, distribution, and other exploitation rights over their works, to facilitate 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 registered works, so that, if necessary, documentary evidence can be provided certifying such information and the date and time of 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 to identify the work unequivocally, which is stored in Safe Creative's computer systems. In registrations where the file containing the work is not attached or stored, but information for its identification, this may be photographs in the case of sculptures and other plastic arts, artistic or production details in the case of films, cryptographic summaries ("hashes") of the original file that the User safeguards, or other means, in any case under the responsibility of the User. If the information provided needed other complementary information to be used in the proof of registration, as happens with cryptographic summaries, which need the original file for verification, or as happens with encrypted information, which requires a password to access it, the User assumes the responsibility of safeguarding and providing such complementary information, if they needed to assert the proof of registration.

In any case, for registrations made without storage or deposit of the work, Safe Creative does not guarantee nor is responsible for the information provided by the User allowing the identification of the work. In registrations made with deposit of work, only when the User so indicates when making the registration, Safe Creative will allow access to a copy of the deposited work, either directly or through 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 the publication, dissemination, exhibition, and exposure of works from the Safe Creative registry, as well as a platform that facilitates the User's ability to transmit or transfer certain rights over their works to third parties.

These services are only available for works previously registered in Safe Creative. Through their profile and space within the Safe Creative platform, the User will determine the access permissions or 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 of use, licensing, and exploitation of their rights that they allow to third parties and their conditions.

According to the above, this service includes the following functionalities:

1. The publication and promotion of the User's work within safecreative.org/creators (or 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 mode of reproduction or access to the work is allowed. Such content will be indexed by Safe Creative and accessible through an internal search engine.
2. The ability to define the parameters, conditions, or terms under which they grant or license the exploitation of such works to third parties. The above configuration will be determined on the platform itself, and will include in all cases the possibility of establishing or restricting exclusivity, transferability, temporal or geographical scope, 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 customized 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 above.

The NFTs or PDFs generated by Safe Creative constitute the electronic support of the licenses or rights transferred. The information they include specifies the terms of the licensing, so that ownership of the NFT therefore implies ownership of the license or rights. Such NFTs are not negotiated or exchanged for equivalence, so they do not constitute a financial instrument in the legal sense. The above considerations are subject to modification as it is an emerging and changing technology. In any case, the User states that they know the operation and procedures of the transaction, management, use, and characteristics of crypto assets and NFT technology, as well as what relates to electronic or virtual wallets, the blockchain, or 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 refrain from using it.

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

In the process of signing up for the Creators service, the User registers their own account on the Stripe platform for managing the collection of amounts received from the sale of licenses for their works.

2.2.1 In the case that the license support is an NFT.

Ownership of the NFT implies ownership of the license or rights. Such NFTs are not negotiated or exchanged for equivalence, so they do not constitute a financial instrument in the legal sense. The above considerations are subject to modification as it is an emerging and changing technology. In any case, the User states that they know the operation and procedures of the transaction, management, use, and characteristics of crypto assets and NFT technology, as well as what relates to electronic or virtual wallets, the blockchain, or 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 refrain from using it.

The NFTs used by Safe Creative are created through the protocol and blockchain of Polygon (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 such NFTs must be stored in a virtual wallet in MetaMask (https://metamask.io/), a web browser extension that includes an application for this and interacts with that blockchain. MetaMarsk is a third-party application, external 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, it is possible that the system will allow the use of other different electronic wallets compatible with Polygon.

According to the above, 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 protocol and standards indicated, other technical limitations linked to the rights it represents, for example, to its transferability, units or spaces, and areas of application or use.

Third parties who are interested in contracting a license or rights under the terms offered 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 holder or assignee in case of contracting on behalf of a third party. Once the payment has been made through the corresponding gateway, Safe Creative will generate and transfer to the buyer User's electronic wallet the NFT in accordance with the conditions indicated, will deliver to the transferring User the amount corresponding to the payment of the license or assignment of rights, and will retain the part of the payments corresponding to the services of creation of the NFT and use of the platform.

2.2.2 Return policy

As what is acquired are not physical works or copies, but digital copies or licensing agreements, it is not possible to return once the purchase is completed. The acquisition of a digital work or a licensing agreement implies explicitly accepting that no return or refund is 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 on the possibility of registering the trademark in the corresponding office. In this study, our legal experts verify if the trademark is already registered by third parties and if its denomination and format meet the requirements to be registrable.
2. An advanced non-binding analysis on the registerability of the trademark, in which, in addition to verifying the availability of the registration and the registerability of the denomination and format, our experts also evaluate the intended uses of the trademark, providing recommendations on the most appropriate scope of protection and any other relevant advice.
3. The processing of the trademark registration application before the Spanish Patent and Trademark Office (OEPM), applicable throughout the Spanish territory.
4. The submission of the trademark registration application to the Mexican Institute of Industrial Property (IMPI), with coverage throughout Mexico.
5. The management of the trademark registration application before the European Union Intellectual Property Office (EUIPO), applicable at European level.
6. The 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 possible oppositions or other procedures derived from the registration process.
7. 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 case of denial of the same and in the case of having been granted, when there are third-party oppositions. The costs associated with registration, as well as 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 the necessary information related to the trademark and the type of registration they wish to make. Before proceeding with the application, the legal team will carry out the feasibility study (basic or advanced, according to the user's choice). This study is merely informative and does not commit the final decision of the registration office.

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

It is important to highlight that Safe Creative acts exclusively as a representative of the user, acting 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, the legal team 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, the legal team will keep the user informed about the status and progress of the application.

Safe Creative reserves the right not to manage those trademark registration applications that, at its exclusive discretion, it considers inappropriate. This includes, among other reasons, non-compliance with the required legal or technical requirements, the existence of potential conflicts with third-party rights, the lack of response or due collaboration by the user to the indications or requests for extension of information or specification that the legal team may raise to properly manage the applications. Likewise, Safe Creative may reject the management of applications that do not aim to protect commercial activities of products or services. In these cases, Safe Creative will inform the user of such a decision and, if appropriate, will reimburse the fees and management costs not accrued, except for the amount paid for the feasibility study, which will not be refundable.

3.- Access and use of services

Safe Creative's services are available through the web spaces/sites safecreative.org and safestamper.com (subject to specific particular conditions) 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 equipment and browsers.

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 in the download, installation, and activation of these applications.

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

Registration/sign-up as a user is necessary to use the registration, gallery, and third-party licensing services through NFT or PDF.

Once the registration data has been entered, the User will receive an activation message by email at the indicated address, with a hypertext link that must be validated for the registration to be completed. If this action is not carried out, the registration will be invalidated. Fields marked with an asterisk (*) are mandatory to be able to register and contract, and without them, the corresponding account activation will not be processed. The access data, username, and password are for the exclusive use of the Client, non-transferable, and must be kept confidential. In case of loss or compromise of the above, you must contact us immediately so that we can block it. Otherwise, the Client will be responsible for the acts performed through such data.

In case of contracting through the Internet, at the end of the process, the confirmation that it has been successfully completed will be shown on the 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 within 24 hours. If the Client wishes to receive the invoice in paper format, they must communicate this in writing to our Customer Service.

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

The Client or User will be solely responsible for the data or information provided, the consequences, results, effects, damages, and losses that derive from the above, in particular from the publication, data, access, permissions, and rights stated in relation to the works, the offering and the licensing conditions established, and the contracting with third parties in said terms. Safe Creative only provides a platform that facilitates the self-management of rights and the commercialization or granting of licenses or rights over works, without the above implying mandate, representation, commission, or individual or collective management of rights in the terms of Spanish legislation on intellectual property. Licenses or rights are not, in any case, negotiated, granted, or transferred by Safe Creative, but it merely incorporates the information about the rights subject to the transaction that the parties (transferring User and transferee User) celebrate on their own account in the NFT that it generates and assigns to the buyer/transferee 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 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 force in the public registries, bodies, and instances required in the scope of its activity, and up to date with all its obligations.
2. The User guarantees that all the information provided, including the data or files that, where appropriate, they attach, is true, correct, complete, current, and lawful. The creation of an account with false, outdated information, or referring to third parties, or especially with violation of intellectual property, industrial, data protection, honor, privacy and self-image rights, confidentiality or secrecy, or with information that constitutes a crime, will imply a breach or serious violation 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 names or pseudonyms of third parties without authorization, that are illicit, offensive, or harmful, or that in any way fail to comply with these conditions.
3. The User must receive and attend to notifications or messages sent by Safe Creative regarding the possible infringement of intellectual property rights of third parties, obsolescence or incorrectness of data provided by the user, incidents produced by the use of Safe Creative's services, committing to respond to them within the appropriate period.
4. The User undertakes to respect the intellectual property rights of other users of SafeCreative as well as the service itself, being prohibited from any extraction, decompilation, or reverse engineering that would affect the content, including hosted works, computer programs, databases, or any other elements that form part of the Safe Creative service. It is expressly prohibited:
   1. The use of bots, spiders, or other automatic devices, programs, scripts, methods, or any similar manual process to replicate Safe Creative content or present Safe Creative services in any way.
   2. Attempting to access any part or service of Safe Creative or any component of Safe Creative networks and communications through any illegal or prohibited means (hacking, password extraction, etc.)
   3. Probing, analyzing, or testing the vulnerabilities of Safe Creative services or any network connected to the properties, or violating any security or authentication measure of Safe Creative services.
   4. Performing any action that imposes an irrational or disproportionately large load on the system infrastructure or networks of Safe Creative Services or the infrastructure of any system or network connected to Safe Creative services.
   5. Using any device, software, or routine program to interfere with the normal operation of Safe Creative Services or any transaction in Safe Creative Services by any other person.
   6. Falsifying headers, impersonating, or otherwise manipulating identification to hide your identity or the origin of any message or transmission you send to Safe Creative.
   7. Using Safe Creative Services illegally.
5. Some Safe Creative pages incorporate an automated chat service ("Chat Bot") to answer generic questions about our services and functionalities. The user agrees not to use this service for particular queries that include personal information or any other type that may be protected by applicable data protection regulations. If you have queries that involve personal information or protected data, you should direct them directly to our customer service team through the communication channels provided on our website. Safe Creative assumes no responsibility for personal or sensitive data that the user may choose to share with the Chat Bot, despite these instructions and warnings not to do so.

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

1. The User guarantees that they are the author or owner of the rights that they register in the registry or, where appropriate, have obtained the corresponding authorizations from the owners or sufficient power of attorney for their registration in Safe Creative, their reproduction, dissemination, transformation, public communication, and other acts of exploitation that derive from these legal conditions and their effects.
2. In any case, they also guarantee that the work subject to registration, whether original or derivative, does not infringe or harm rights or interests of third parties, in particular intellectual or industrial property rights, confidentiality commitments or duty of secrecy, regulations or agreements in matters of market and competition, data protection rights, privacy, honor, and self-image of other people or entities, among others. In particular, and in cases where a third party requests the elimination, 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 claims for copyright infringement", and with the measures adopted by Safe Creative in response to any claim or complaint related to the above raised by a third party against a Safe Creative User.
3. For Safe Creative to be able to perform the registration keeping a copy of the work, it is necessary for the User to grant certain rights. The User, in this sense, when registering a work may indicate one of the following options, and in doing so in each case 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 allow 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.
   Additionally, if the User wishes to publicly showcase their work, Safe Creative offers the “Creators” virtual gallery. By opting for this service, the User grants Safe Creative the rights of reproduction and public communication of the work for its visualization, downloading, processing, and use of its identifying information (title, license, rights policy, and other associated metadata) for the purposes of cataloging, search, and access.
4. The User may make or revoke the assignments of the previous point at any time, 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 will be free of charge, non-exclusive, non-transferable, and without any territorial or temporal limitation. In particular, it is noted that all the above rights granted to Safe Creative are revocable at any time. they are limited to the acts that make possible the operation, management, and access to the hosted content, without such assignment allowing it to exploit the work in a way different from that established, by itself or through third parties, whether for profit or free of charge.
5. The foregoing will be applicable for the information offered when consulting works with public registration in Safe Creative both through the website and the Safe Creative API.

4.3 Additional obligations for online gallery services and licensing of works through NFT.

1. The Client or User declares and guarantees that there is no impediment, limitation, or condition that prevents, hinders, or affects in any way the offer, advertising, transmission, or assignment of intellectual property rights over the works or creations made available through this service to third parties. The Client will be responsible for specifically proving the above, providing the documentation that may be required by Safe Creative or a third party. Among others, they must verify the correspondence between the ownership and their rights over the work and those they assign or license, the possible previous or concurrent agreements or commitments, the legal framework, their capacity, and legitimation.
2. The Client or User must guarantee, maintain, respect, and safeguard the rights assigned or licensed to a third party, with strict adherence to the agreed terms. Failure to comply with the above will entitle the buying User or assignee to exercise the appropriate legal actions, including the claim for damages caused. It will be the obligation of the assigning User to comply with the fiscal and administrative obligations that derive from the transfer of rights, including declarations, settlements, payments, and/or tax withholdings, the issuance of an invoice for the amount corresponding to the payment of the above, and any others required according to the legislation corresponding to their residence or location.
3. Likewise, the Client or User will also be subject to specific identification and verification requirements derived from the operations and transactions that correspond to third-party licensing and Safe Creative services, as well as those required by the Stripe payment platform or gateway (stripe.com). In particular, they must provide official identity documents, address, constitution, registration, and registration in the case of legal entities, as well as any other required by the 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 intellectual property rights sales operations through Safe Creative. This information will be collected by Stripe to create your customer 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 during the period for which their account is active and within five (5) years following the closure of their account, in accordance with regulatory standards and requirements. All of the above information must be kept up to date and current. In case of non-compliance with the above, Safe Creative reserves the right to block or close your User account and retain any amounts due.
4. The above identification and verification requirements will also be applicable to Users who purchase licenses or are assignees.

4.4 Obligations in case of claims about registrations made

In case 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. For this, it will be necessary for the user to sign a responsible declaration in which they ratify the accuracy of the registered data.

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

In addition, in the case that a user receives three or more claims about the information registered in different works, Safe Creative reserves the right to cancel the user's account and delete all records associated with that account.

5.- Safe Creative Commitments

1. Safe Creative hosts and safeguards the files deposited through this service, committing not to make use of them outside the cases provided for in these legal conditions, except with the express consent of the authors/owners of the rights, having to keep them in the same conditions in which they have been entrusted and guaranteeing that unauthorized third parties cannot have access to them.
2. Excepted from the provisions of the previous point are the actions, precautionary or definitive, that are agreed and reliably notified by competent administrative or judicial authorities in the framework of an investigation or judicial proceeding.
3. Safe Creative, at the request of Users with personal or corporate subscription, undertakes to certify to third parties the content of their registration in the terms in which they have registered and declared it, and providing the information that the User has indicated.
4. Exceptionally, Safe Creative reserves the rights to block, suspend, or interrupt access to those contents or services that it may consider fraudulent, illegal, or contrary to what is provided in these conditions, as well as to exercise the legal actions it considers in defense of its own interests or of the people it represents.

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 NFT generation and assignment services, Safe Creative will apply a fixed amount for the generation and transmission or assignment of the NFT to the assignee User, as well as a variable amount (percentage) on the price of the license/assignment of rights, for the concept of access and use of the platform. These amounts, including the Value Added Tax that may correspond, will be determined before payment and added to the final amount that the acquirer of the NFT must pay, and will be liquidated with the selling User or assignor. In the case of Users resident in the Canary Islands, Ceuta, and Melilla, the operation will be subject to the special taxes that are applicable and will be liquidated by the assigning 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 methods data entered on the platform, which are processed through the virtual gateway of a third party, which uses the encryption of communications preventing the interception of data in transit, all in accordance with the usual standards and security requirements established in current legislation for payment providers or intermediaries.

In the event of non-compliance with any of the payment obligations established in this contract, the non-complying party will, automatically and without the need for prior payment request by the creditor party, be in default and will be obliged to pay the amounts owed increased by an interest consisting of the legal interest of money established annually.

Non-payment of any amount will also result in immediate interruption of access to the service. Such access will be restored at the time when the pending payment amounts are paid, as well as the corresponding interests and expenses.

In accordance with article 112 of the General Law for the Defense of Consumers and Users, when the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the consumer and user who is its holder may demand the immediate cancellation of the charge. In such case, the corresponding debit and credit entries in the accounts or cards will be made as soon as possible.

8.- Intellectual property and use of content

1. The programming and other elements that make possible the functioning of Safe Creative's services, 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 will have a non-exclusive, non-transferable right to use such previous elements without territorial limitation, conditioned on maintaining their status as a registered user and exclusively to make use of the services in accordance with these conditions. Certain elements are subject to trade secret and duly protected, without allowing access or use of any kind.
2. The intellectual property rights of the works registered in Safe Creative belong to their authors or, where appropriate, to those to whom they have transferred their rights.
3. Registration in Safe Creative and, where appropriate, access through the information services of the Safe Creative registry does not grant rights to the people who consult them. Any act of exploitation of the same will require the consent of their respective owners.
4. If you consider that any of the contents of Safe Creative infringes intellectual property rights of your own or of third parties, we ask you to communicate it to us by indicating in the registration information page of the work in question the option "Notify irregularities in this registration" so that we can adopt the appropriate measures. The presentation, communication, or filing of a claim for infringement of intellectual property rights will imply the implementation of the procedure and measures indicated in our "Protocol for claims for copyright infringement".

Safe Creative grants registered Users a free and 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 through plugins, bookmarklets, and other tools or computer applications that facilitate such registration. Any other use of the "Safe Creative" trademark will require express written consent.

9.- Liability and Warranties

1. In accordance with the description of services indicated in these conditions, Safe Creative is not responsible for the truthfulness, accuracy, or currency of the data entered by Users, nor for possible infringements of any rights held by third parties regarding registered works, their acts, licenses, and other actions. The User will be liable and will hold Safe Creative harmless, especially from claims based on infringement of regulations on intellectual property, industrial property, confidentiality or trade secrets, data protection, privacy, honor, and image of third parties, assuming damages, expenses, and financial burdens derived from actions, claims, or conflicts against Safe Creative for these reasons, including fees, bills, or tariffs of lawyers and court attorneys, even if their intervention is not mandatory.
2. Safe Creative guarantees access and availability of services under the terms set forth in the paragraph "Service Level Agreement: Safe Creative SLA" of these conditions. All Safe Creative services will be subject to the warranties expressly determined in the corresponding general and/or specific conditions and consumer and user legislation. Safe Creative will not offer commercial or complementary guarantees beyond those previously indicated. In this regard, and in accordance with current regulations, in the case of digital content and services, the warranty will be 2 years, all counted from the date of provision of the keys and resources for access to them, or the execution of individualized services. The warranty will not cover problems arising from the obsolescence of the Client's computer systems.
3. The aggregate liability of Safe Creative, S.L. to the Client arising out of or relating to the performance, non-performance or defective performance of the services governed by these Terms shall be limited to a maximum amount equal to five (5) times the fees actually 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 thereto.
4. Safe Creative will not be responsible for errors, inaccuracies or defects, reliability, suitability or purpose, legality, and other issues affecting the content of licenses or contracts chosen by the User to determine the policy of use of registered works or the licensing of them, problems or conflicts arising from such licenses or contracts, nor the adequacy, convenience, sufficiency or limitations of 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 criteria or convenience of the User. The User must obtain information or advice beforehand from specific professionals in case of doubt.
5. Likewise, and without prejudice to the above, Safe Creative is not responsible, in any case, for damages of any nature that could arise from the registration of intellectual property works through the API (Application Programming Interface) integrated into a third-party website 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 intervenes as an intermediary, therefore being provided by third-party collaborators, it will not be responsible for their execution, results, operation, or obligations assumed by them, with the User's relationship with the latter being outside this contract. The User expressly accepts and acknowledges that the relationships established by the User with other users or with 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 obligations contracted between the parties in the agreements or contracts they enter into within the Safe Creative platform, with its role being limited to making available a series of solutions and tools that facilitate the preparation, negotiation, acceptance, and custody of them, without intervening specifically in the business relationships carried out between the parties.
7. The conditions, parameters, or configurations of the licensing agreements or rights assignments 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 may not necessarily adapt to the specific circumstances, aims, or purposes of the parties. The User also accepts and assumes exclusively 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, previous or subsequent (for example, contracts, licensing systems used, publication and dissemination of content, etc.). Therefore, Safe Creative disclaims any responsibility for their specific use or application, beyond the technical quality of the same.
8. Regarding the intellectual property consultation service, it is specifically noted that the responses, orientations, or considerations made do not constitute a legal report or opinion issued by lawyers, but rather a mere 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 such information does not constitute or replace the advice that may be provided by a registered lawyer duly authorized to intervene and provide legal advice and defense services in their territorial area, so any responsibility for acts carried out by the user as a consequence of such guidance or recommendations is excluded.
9. In the case of automatic registrations by RSS feeds from blogs, some web addresses offer different information depending on specific design characteristics of the blog, the place from which the consultation is made, or the characteristics of the browser used. Thus, websites can change the arrangement of information, appearance, visible information, accessible information, etc. according to the country; adjust content to the size of mobile devices, etc., so it is possible that the information sent to the SafeStamper certification browser does not correspond to what is viewed from another address or browser and even, if the website requires User interaction, or depending on design characteristics, automatic access to the information desired to be registered may not be possible.
10. Safe Creative cannot guarantee the availability, continuity, or absence of errors in the communication services offered by platforms or services outside Safe Creative and whose use is necessary to make payments, transactions, or the automated registration of works that the user stores or publishes in them, such as Dropbox, Google Drive, Instagram, Google Photos, or content syndication systems published in blogs and specific web addresses. For this reason, Safe Creative disclaims any responsibility 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 on 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 guard or have any control over these elements, blockchains, protocols, or technology underlying the operation of NFTs once created and assigned to the buying User or assignee.
12. Safe Creative may offer, at its sole discretion, temporary and free access to certain features that normally require a paid subscription. This free access aims to allow testing and evaluation of these features by users. This type of access is temporary without guarantee of a fixed duration. Safe Creative reserves the right to end this type of free access to features of 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, at any time, modifications and updates to the provision of the service, its contents, configuration, availability and presentation of information, as well as these legal conditions, without prejudice to acquired rights, as well as to temporarily suspend access to perform maintenance or improvement tasks, without any claim corresponding for this concept for direct or indirect damages derived from it, beyond those indicated in the paragraph "Safe Creative SLA".
2. The contracted service provision may be resolved in case of breach or violation by any of the parties of the conditions established in this agreement, or at the request of the User at any time by requesting the corresponding cancellation in the registry.

13.- Applicable law and jurisdiction

The conditions for providing this service will be governed and interpreted in all its precepts in accordance with Spanish legislation. Any controversy that may exist between the parties in relation to what is established therein will 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 in accordance with the Law, the courts and tribunals of their place of residence will 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)