Terms and Conditions

1. Purpose and acceptance

These Terms and Conditions (hereinafter, the "Terms") regulate the access to and use of the website gober.ai (hereinafter, the "Website"), owned by GOBER ARTIFICIAL INTELLIGENCE, S.L. (hereinafter, "Gober"), whose identifying details are as follows:

Access to the Website confers the status of User and implies the full and unreserved acceptance of these Terms, as well as the Legal Notice, Privacy Policy and Cookie Policy, all of which are accessible from the Website itself. If the User does not agree with any of the terms set out herein, they must refrain from using the Website.

These Terms complement, and must be interpreted jointly with, the specific terms governing the contracting of specific Gober products or services. In the event of contradiction between these Terms and the specific terms of a contract signed between Gober and the User, the latter shall prevail.

2. Definitions

For the purposes of these Terms, the capitalised terms shall have the meaning indicated below:

• "Gober": the commercial company GOBER ARTIFICIAL INTELLIGENCE, S.L., owner of the Website.
• "Website": the gober.ai site and all its sub-pages, sections, contents and functionalities.
• "User": any natural or legal person who accesses, navigates or uses the Website, regardless of the purpose of such access.
• "Content": all elements published on the Website, including by way of example texts, photographs, graphics, images, videos, audios, software, source code, trademarks, distinctive signs and other materials.
• "Services": the products, platforms, solutions and professional services offered by Gober, including, in particular, its artificial intelligence platform for the management of public tenders, as well as complementary consulting, training and support services.

3. Access and availability of the Website

Access to the Website is free and free of charge, without the need for prior registration, except for specific functionalities that require the express identification of the User (for example, scheduling meetings or demos, requesting access to restricted content or other similar functionalities).

The availability of the Website is subject to the technical contingencies inherent to the internet and information systems, and Gober cannot guarantee the continuous, uninterrupted or error-free availability of the Website. Gober may suspend, totally or partially and temporarily, access to the Website for reasons of maintenance, updating, security or any other justified technical or legal cause, without prior notice and without this giving rise to any right of compensation in favour of the User.

The User is solely responsible for having the technical means, equipment, connections, programs, browsers and telecommunications services necessary to access the Website and use its functionalities.

4. Services offered and contracting

The main purpose of the Website is to provide information about Gober, its activities and its Services. Through the Website, the User may, among other possibilities:

• Learn about Gober's activity, value proposition and use cases.
• Access editorial content, articles, publications, podcasts or other informative materials.
• Request commercial information or schedule meetings, demos or proofs of concept.
• Contact Gober through the channels enabled for this purpose.

The effective contracting of Gober's Services is not completed through the Website. The provision of the Services is formalised through the subscription of the corresponding specific contracts (SaaS subscription contract, services provision contract, pilot or proof-of-concept contract, licence agreement, or other applicable legal instruments), which will autonomously regulate the economic, technical, intellectual property, data protection, service level and other legal terms applicable to each relationship.

The information published on the Website about the Services is merely informative and does not constitute a binding offer, unless expressly indicated otherwise and the applicable legal requirements are met.

5. Obligations and prohibitions of the User

The User undertakes to use the Website in accordance with the Law, public morals, public order, customary commercial practice and these Terms, as well as to make diligent and responsible use of it. In particular, the User undertakes:

• Not to use the Website for unlawful purposes or effects, contrary to good faith or harmful to the rights and interests of Gober, other Users or third parties.
• Not to carry out actions that may damage, disable, overload, deteriorate or impair the normal functioning of the Website, its systems or services.
• Not to introduce, store or disseminate through the Website programs, viruses, computer code, devices or physical or electronic items capable of causing damage to the Website, to Gober's systems or to third-party equipment or systems.
• Not to carry out unauthorised access to restricted areas of the Website or attempt to violate the security measures implemented.
• Not to use automated data mining, scraping, crawling, massive indexing, reverse engineering or any other similar techniques to extract Content from the Website without prior written authorisation from Gober.
• Not to use the Website's Content for training artificial intelligence models without Gober's express, prior and written authorisation.
• Not to impersonate other Users, individuals or legal entities, or use false or third-party credentials without authorisation.
• Not to infringe the intellectual or industrial property rights owned by Gober or third parties.
• Not to engage in acts of unfair competition, misleading or unlawful advertising through the Website.

Non-compliance with the above obligations will entitle Gober to deny or withdraw access to the Website, as well as to exercise the corresponding legal actions, without prior notice and without prejudice to the right to claim compensation for damages caused.

6. Intellectual and industrial property

All Content of the Website, including by way of example texts, photographs, graphics, images, icons, technology, software, source code, links, videos, audiovisual or sound content, as well as their graphic design, structure, selection, arrangement and presentation, are the intellectual and industrial property of Gober or, where applicable, of third parties that have authorised their use, and are protected by applicable national and international legislation.

Acceptance of these Terms does not grant the User any rights of exploitation, transformation, distribution, public communication, reproduction or assignment over the Content, Services or distinctive signs of Gober. Any use will require the prior, express and written authorisation of the holder of the corresponding rights.

The trademarks, trade names, distinctive signs, logos and, in general, any signs owned by Gober (including, without limitation, the names "Gober", "Gober.ai" and all their variants) are protected by applicable regulations. Their unauthorised use by third parties may give rise to the exercise of the corresponding legal actions.

The User may view and print the Content of the Website exclusively for personal, private and non-commercial use, respecting in all cases the integrity of the Content and any intellectual and industrial property notices that may be included.

7. Personal data protection and cookies

The processing of personal data that the User may provide to Gober through the Website is governed by the provisions of the Privacy Policy and, in relation to the use of cookies and similar technologies, by the Cookie Policy, documents accessible from the Website itself and which are understood to be an integral part of these Terms. The User declares to have read and understood both documents.

8. Confidentiality

The information that the parties may exchange in the context of demos, commercial presentations, meetings, proofs of concept or any other interactions derived from the use of the Website shall be considered confidential when so determined by its objective nature, when identified as such or when there is a specific non-disclosure agreement (NDA) signed between the parties.

In the absence of a specific NDA, the information that Gober makes available to the User in relation to its Services, methodology, technology, models, use cases, commercial data or strategy shall be considered confidential, and the User undertakes not to disclose it to third parties or use it for purposes other than the evaluation of Gober's Services. This obligation will have a minimum duration of two (2) years from the end of the relationship with Gober.

9. Exclusion and limitation of liability

Gober makes its best efforts to ensure the availability, accuracy, truthfulness and updating of the Content of the Website. However, to the maximum extent permitted by applicable law, Gober assumes no liability for:

• Errors, omissions, inaccuracies or lack of updating of the Content published on the Website.
• Interruptions, suspensions, technical failures, cyberattacks, viruses or any other harmful elements affecting the functioning of the Website, its Services or the User's equipment.
• Decisions made by the User on the basis of the information published on the Website, which is in any case informative in nature and does not constitute legal, technical, financial or any other professional advice.
• Contents, services, products, opinions or processing of personal data carried out on third-party websites linked from the Website.
• Improper use of the Website or its Content by the User or by third parties.

The User assumes, under their sole responsibility, the consequences, damages or actions that may arise from access to the Content of the Website, as well as from its reproduction, dissemination or use.

10. Modifications to the Terms

Gober reserves the right to modify, at any time and without prior notice, these Terms, as well as the content, design, configuration, presentation and functionalities of the Website. Modifications will take effect upon publication on the Website, with indication of the date of the last update at the beginning of the document.

Continued use of the Website by the User after publication of the modifications implies acceptance thereof. Users are advised to periodically review these Terms.

11. Communications and notifications

Any communication or notification that the User must or wishes to address to Gober under these Terms may be made by email to info@gober.ai or by postal mail to Gober's registered office indicated in section 1.

Communications that Gober must address to the User may be made, indistinctly, by email to the address provided by the User, by publication on the Website or by any other means that allows their receipt to be evidenced.

12. Assignment

The User may not assign, transfer or subrogate, totally or partially, the rights and obligations derived from these Terms without the prior, express and written consent of Gober.

Gober may assign, totally or partially, the rights and obligations derived from these Terms to any company in its group or to third parties in cases of corporate reorganisation, merger, demerger, transfer of assets or any other equivalent operations, without the need to obtain the prior consent of the User.

13. Partial invalidity

If any provision included in these Terms is declared, totally or partially, null, illegal or ineffective by a competent judicial or administrative authority, such nullity, illegality or ineffectiveness will not affect the remaining provisions, which will retain full validity and effectiveness, unless the affected provisions are essential to the Terms.

The provisions declared null, illegal or ineffective will be replaced by those that, in accordance with applicable regulations, pursue to the greatest extent the purpose pursued by the parties in the original provisions.

14. Applicable law and jurisdiction

These Terms, as well as any relationships established between the User and Gober in connection with access to the Website, shall be governed and interpreted in accordance with Spanish law.

For the resolution of any controversy, divergence or claim that may arise from access to, use of or interpretation of the Website or these Terms, the parties, with express waiver of any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction and competence of the Courts of Vigo (Pontevedra), unless applicable regulations establish a different mandatory jurisdiction. In particular, where the User holds the legal status of consumer, consumer protection regulations and, where applicable, the jurisdiction of the consumer's domicile will apply.