1. General information
These Terms and Conditions of Use (hereinafter, the "Terms") govern access to and use of the website hodeitek.com (hereinafter, the "Website"), owned by HODEITEK SL, with Tax ID B56478027 and registered office at Markole, Aretxabaleta, 20550, Gipuzkoa, Spain.
2. Purpose and scope
The Website's purpose is to provide information about the cybersecurity and artificial intelligence services offered by HODEITEK SL, as well as to facilitate contact with users interested in those services. Access to the Website is free and does not require creating a user account.
These Terms govern only the browsing and use of the Website. The engagement of professional cybersecurity and artificial intelligence services (penetration testing, Red Team, SOC, regulatory compliance consulting, among others) is governed by the Master Services Agreement (MSA) and by the corresponding service agreement signed between the parties. For clients with a signed service agreement, the MSA prevails over these Terms with respect to the provision of those services.
3. Access and use of the website
Access to the Website grants the visitor User status, and implies full and unreserved acceptance of these Terms. The User agrees to make adequate and lawful use of the Website and its contents, in accordance with applicable legislation, these Terms, morality, good customs and public order.
The User undertakes to:
- Not carry out advertising or commercial exploitation activities through the Website without authorization.
- Not carry out conduct that damages the image, interests or rights of HODEITEK SL or third parties.
- Not introduce or spread viruses or any other computer system that may cause damage.
- Not impersonate other users.
4. Cookies
The Website uses its own and third-party cookies. Their use, purpose and how to manage your preferences are described in the Cookie Policy.
5. Intellectual and industrial property of the website
All intellectual and industrial property rights over the Website and its contents (texts, design, source code, trademarks and other elements) belong to HODEITEK SL or to third parties that have authorized their use. Their reproduction, distribution or transformation without authorization is prohibited and may constitute an infringement of applicable legislation. For more details, see the Legal Notice.
This clause refers only to the contents of the Website. The intellectual property of reports, findings and other deliverables generated in the provision of professional services is governed by the following clause.
6. Professional services: SLA, liability, confidentiality, ownership of deliverables and audit
When a User engages HODEITEK SL to provide professional services, a service agreement is executed and signed by both parties, available on request through our contact form. That agreement, together with the MSA, and not these Terms, determines:
- The service levels (SLA) applicable to each engagement.
- The liability limits of each party.
- The confidentiality obligations over the information exchanged.
- The intellectual property of reports, findings and other deliverables.
- The client's audit rights over the provision of the service.
These Terms do not, by themselves, set SLA figures, liability limits or intellectual property allocation rules for professional services, deferring those matters to the signed service agreement and to the MSA.
7. Exclusion of warranties and liability of the website
HODEITEK SL does not guarantee:
- The availability and continuity of the Website on an uninterrupted basis.
- The absence of errors in the contents or viruses in the files.
- The suitability of the contents for the User's particular purposes.
HODEITEK SL shall not be liable, under any circumstances, for damages arising from the use of the Website or the inability to use it, expressly including any direct or indirect damages, loss of profits or loss of data. This general exclusion does not affect the liability limits specifically agreed in a signed service agreement.
8. Data protection
The processing of personal data collected through the Website is governed by the Privacy Policy and the Cookie Policy, in compliance with the GDPR and Spain's Organic Law 3/2018 on Data Protection and Digital Rights (LOPDGDD).
9. Modification of terms
HODEITEK SL reserves the right to modify these Terms at any time without prior notice. Modifications will be published on this page and will apply from their publication.
10. Termination and suspension of access
These Terms remain in force for as long as the User accesses or uses the Website. HODEITEK SL may suspend or restrict a User's access to the Website where that User breaches these Terms, without prejudice to any legal action that may be applicable. The termination of a contracted professional service is governed by the corresponding signed service agreement and by the MSA.
11. Nullity and ineffectiveness of clauses
If any clause included in these Terms is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect that provision, without invalidating the rest of the Terms, which will retain their full validity.
12. Applicable law and jurisdiction
These Terms are governed by Spanish legislation. For the resolution of any dispute, the parties submit to the Courts and Tribunals of the consumer User's domicile or, in B2B relationships, to the Courts and Tribunals of San Sebastián (Gipuzkoa), with express waiver of any other jurisdiction.