Terms & Conditions
Last update: May 19th 2018
Thanks for using ITGallery’s products and services (“Services”).
and describe how the Services may be accessed and used.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these
Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that
organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to
1. Fees and payments
1.1. Fees for Services. You agree to pay to ITGallery any fees for each Service you purchase or
(including any overage fees), in accordance with the pricing and payment terms presented to you for that Service.
Where applicable, you will be billed using the billing method you select. Fees paid by you are non-refundable,
as provided in these Terms or when required by law.
1.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these
“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is
a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select
when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless
cancel auto-renewal through your online account management page, or by our email email@example.com. While we
be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription
will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your
immediately after the Subscription starts if you do not want it to renew.
1.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than ITGallery’s
income tax) or duties associated with the sale of the Services, including any related penalties or interest
(collectively, “Taxes”). You will pay ITGallery for the Services without any reduction for Taxes. If ITGallery is
obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide ITGallery with a valid tax
exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that
tax should be charged. ITGallery will not charge you VAT if you provide us with a VAT number issued by a taxing
authority in the European Union, are purchasing the Services from ITGallery Europe for business reasons, and are
located in a different European Union member state from ITGallery Europe. If you are required by law to withhold any
Taxes from your payments to ITGallery, you must provide ITGallery with an official tax receipt or other appropriate
documentation to support such payments.
1.4. Price Changes. ITGallery may change the fees charged for the Services at any time, provided
that, for Services billed on a subscription basis, the change will become effective only at the end of the
then-current billing cycle of your Subscription. ITGallery will provide you with reasonable prior written notice of
any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
1.5. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in
arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue.
Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated
(subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
2.1. Privacy. In the course of using the Services, you may submit content to ITGallery (including
your personal data and the personal data of others) or third parties may submit content to you through the Services
(your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. ITGallery’s
(collectively, “privacy policies”), detail how we treat your Content and personal data and we agree to adhere to
privacy policies. You in turn agree that ITGallery may use and share your Content in accordance with our privacy
2.2. Confidentiality. ITGallery will treat your Content as confidential information and only use
disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded
confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by
ITGallery); (b) was lawfully known to ITGallery before receiving it from you; (c) is received by ITGallery from a
third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by
without reference to your Content.
3. Your content
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual
rights in your Content. ITGallery does not claim ownership over any of your Content. These Terms do not grant us any
licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as
otherwise described in these Terms.
3.2. Limited License to Your Content. You grant ITGallery a worldwide, royalty free license to
reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your
Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by
privacy policies. This license for such limited purposes continues even after you stop using our Services, though
may have the ability to delete your Content in relation to certain Services such that ITGallery no longer has access
to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the
Services to you. If you provide ITGallery with feedback about the Services, we may use your feedback without any
obligation to you.
4. ITGallery IP (Intelectual Property)
4.1. ITGallery IP. Neither these Terms nor your use of the Services grants you ownership in the
Services or the content you access through the Services (other than your Content). These Terms do not grant you any
right to use ITGallery’s trademarks or other brand elements.
5. User content
5.1. User Content. The Services display content provided by others that is not owned by ITGallery.
Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible
for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in
connection with the Services. ITGalleryis not responsible for any actions you take with respect to your Content,
including sharing it publicly. Please do not use content from the Services unless you have first obtained the
permission of its owner, or are otherwise authorized by law to do so.
5.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations,
ITGallerymay be required to review certain content submitted to the Services to determine whether it is illegal or
whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent
to, delete, or refuse to display content that we believe violates the law or these Terms. However, ITGallery
has no obligation to monitor or review any content submitted to the Services.
6. Account management
6.1. Keep Your Password Secure. If you have been issued an account by ITGallery in connection with
your use of the Services, you are responsible for safeguarding your password and any other credentials used to
that account. You, and not ITGallery, are responsible for any activity occurring in your account (other than
that ITGallery is directly responsible for which is not performed in accordance with the Customer’s instructions),
whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you
should notify ITGallery immediately. Accounts may not be shared and may only be used by one individual per account.
6.2. Keep Your Details Accurate. ITGallery occasionally sends notices to the email address
registered with your account. You must keep your email address and, where applicable, your contact details and
details associated with your account current and accurate. Accounts are controlled by the entity whose email address
is registered with the account.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of
Content. To the extent permitted by applicable law, ITGallery will not be liable for any failure to store, or for
or corruption of, your Content.
7. User requirements
7.1. Legal Status. If you are an individual, you may only use the Service if you have the power to
form a contract with ITGallery. None of the Services are intended for use by individuals less than 13 years old. If
you are under 13 years old or do not have the power to form a contract with ITGallery, you may not use the Services.
We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an
individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation
that you have duly authorized your agent to bind you to these Terms.
7.2. Embargoes. You may only use the Services if you are not barred under any applicable laws from
8. Acceptable uses
8.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by,
8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with
others while using the Services. You must comply with the following requirements when using the Services:
- (a) You may not misuse our Services by interfering with their normal operation, or attempting to access them
using a method other than through the interfaces and instructions that we provide.
- (b) You may not circumvent or attempt to circumvent any limitations that ITGallery imposes on your account
as by opening up a new account to conduct a survey that we have closed for a Terms violation).
- (c) Unless authorized by ITGallery in writing, you may not probe, scan, or test the vulnerability of any
ITGallery system or network.
- (d) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services,
attempt to do so.
- (e) You may not transmit any viruses, malware, or other types of malicious software, or links to such
through the Services.
- (f) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess
average usage patterns that adversely affects the speed, responsiveness, stability, availability, or
of the Services for other users. ITGallery will endeavor to notify you of any abusive or excessive usage to
provide you with an opportunity to reduce such usage to a level acceptable to ITGallery.
- (g) You may not use the Services to infringe the intellectual property rights of others, or to commit an
9. Suspension and termination of services
9.1. By You. If you terminate a Subscription in the middle of a billing cycle, you will not
receive a refund for any period of time you did not use in that billing cycle unless you are terminating the
Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
9.2. By ITGallery. ITGallery may limit, suspend, or stop providing the Services to you if you
to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that
legal liability to us or disrupts others’ use of the Services. ITGallery may also suspend providing the Services
you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we
will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service.
However, there may be time sensitive situations where ITGallery may decide that we need to take immediate action
without notice. ITGallery has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If ITGallery stops providing the Services to you because you repeatedly
egregiously breach these Terms, ITGallery may take measures to prevent the further use of the Services by you,
including blocking your IP address.
10. Changes and updates
10.1. Changes to Terms. ITGallery may change these Terms at any time for a variety of reasons,
such as to reflect changes in applicable law or updates to Services, and to account for new Services or
functionality. Any changes will be posted to the location at which those terms appear. ITGallery may also provide
notification of changes on its blog or via email. Changes will be effective no sooner than the day they are
posted. In order for certain changes to become effective, applicable law may require ITGallery to obtain your
consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to
any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the
Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. ITGallery constantly changes and improves the Services. ITGallery may
add, alter, or remove functionality from a Service at any time without prior notice. ITGallerymay also limit,
suspend, or discontinue a Service at its discretion. If ITGallery discontinues a Service, we will give you
reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service.
ITGallery may remove content from the Services at any time in our sole discretion, although we will endeavor to
notify you before we do that if it materially impacts you and if practicable under the circumstances.
11. Disclaimers and limitations of liability
11.1. Disclaimers. While it is in ITGallery’s interest to provide you with a great experience
using the Services (and we love to please our customers), there are certain things we do not promise about them.
try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS
EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS”
AND ITGALLERY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY,
OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ITGALLERY, ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS,
LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ITGALLERYHAS BEEN ADVISED OF THE POSSIBILITY
SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE
OF EACH OF ITGALLERY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO
ITGALLERY FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to
consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing
in these Terms limits any of those consumer rights.
11.5. Businesses. If you are a business, you will indemnify and hold harmless ITGallery and its
affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs
reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the
Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
12. Contracting entity
12.1. Who you are contracting with. Unless otherwise specified in relation to a particular
Service, the Services are provided by, and you are contracting with, ITGallery Solutions SLU (CIF B76238153)
12.2. ITGallery Solutions SLU. For any Service provided by ITGallery Solutions SLU., the
provisions will apply to any terms governing that Service:
- Contracting Entity. References to “ITGallery”, “we”, “us”, and “our” are references to
ITGallery Solutions SLU., located at Calle Horno de cal 4, Portal B 2B, Las Palmas de Gran Canaria, España.
- Governing Law. Those terms are governed by the laws of Las Palmas de Gran Canaria courts
(without regard to its conflict of laws provisions).
- Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive
jurisdiction of Las Palmas de Gran Canaria courts with respect to the subject matter of those terms.
13. Other terms
Assignment. You may not assign these Terms without ITGallery’s prior written consent, which
be withheld in ITGallery’s sole discretion. ITGallerymay assign these Terms at any time without notice to you.
Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement
between you and ITGallery, and they supersede any other prior or contemporaneous agreements, terms and
written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar
document issued by you do not apply to the Services, do not override or form a part of these Terms, and are
Independent Contractors. The relationship between you and ITGallery is that of independent
contractors, and not legal partners, employees, or agents of each other.
Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms,
be deemed not to limit what else might be included.
No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver
of its right to do so later.
Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
We reserve the right to modify this Policy at any time, and we will notify you of any material changes to the Policy
the modified Policy at http://www.itgalleryapp.com/en/privacy_policy.html.
We encourage you to check this page periodically for any changes.
By using or navigating ITGallery's web site located at http://www.itgalleryapp.com or any product or service offered by
ITGallery (collectively, the "Services"), you acknowledge that you have read, understand, and agree to be bound by
or any modified Policy as posted. If you do not agree to these terms, please do not use or access the Services.
ITGallery SOLUTIONS SLU
Calle Horno de Cal 4, Portal B 35019 Las Palmas de Gran Canaria.
What information is collected?
We do not collect personally identifiable information except where you specifically provide us with such information.
your consent, we may collect your full name, e-mail address, street address, telephone number, and other contact
We generally collect this personal information on our registration and order forms when you sign up to receive
services through our Services.
Aggregate technical information (such as screen resolution, browser language, etc.) and anonymous demographic
(such as your postal or zip code, the web site that you came from, etc.) is collected during your usage of the
What is done with the information collected?
We use personal information and other demographic or profile information you provide to us to fulfill your orders or
to attempt to prevent fraudulent transactions, to improve the content of our web page in order to enhance your
and to contact you when necessary.
Whenever possible, we use non-identifiable information (such as anonymous demographic information) rather than
Non-identifiable information is used to tailor your experiences with our Services by showing content in which we think
will be interested and displaying content according to your preferences. We may use aggregate data for a variety of
including analyzing user behavior and characteristics in order to measure interest in (and use of) the various
areas of our Services. We also use the information collected to evaluate and improve our services and analyze traffic
ersonal information collected on our Services is typically stored and processed in the European Union,. It is
you to note that the laws on holding data in EU (or any other country in which we transfer, store or process your
be less stringent than the laws of your country, but ITGallery intends to adhere to the principles set forth in this
unless otherwise required by applicable laws.
Is information collected shared with third parties?
ITGallery may share your information with our agents, processors, or contractors in order to fulfill your purchase
You should note, however, that ITGallery is opposed to spam mail activities and does not participate in such mailings,
do we release or authorize the use of membership data for such purposes.
We may use statistical analysis of aggregate information to inform advertisers of aggregate user demographics and
as well as the number of users that have been exposed to or clicked on their advertising banners. We will provide only
data from these analyses to third parties.
We may share information we collect with third party service providers to manage certain aspects of the services we
such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the
We ensure that the third party service providers that we share your information with have privacy policies in place
similar to our own.
We may transfer your information to a third party as a result of a sale, acquisition, merger, or reorganization
ITGallery, its affiliates, related companies, or any of their respective assets.
We may also disclose your information in special cases if required to do so by law, court order, or other
or when we believe in good faith that disclosing this information is otherwise necessary or advisable, such as to
contact, or bring legal action against someone who may be causing injury to – or interfering with – the rights or
of ITGallery, the Services, another user, or anyone else that could be harmed by such activities (for example,
Yes. "Cookies" are pieces of information (actually, alphanumeric identifiers) generated by web servers and stored in
computer for future access. Cookies cannot view or retrieve data from other cookies, nor can they capture files or
on your computer. We, our partners, and our suppliers use cookie technology to enhance your online experience by
refer you to our Services. These particular cookies are saved on your computer and collect no data from you.
can be disabled. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from
new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
would like to use the Services, you may do so without accepting cookies. However, you should understand that if you
not to accept cookies, some areas of the Services may not function properly or optimally and you will not be permitted
access certain secured areas of the Services.
How long is information retained?
Different information is used for different purposes, and is subject to different standards and regulations. In
information is retained for such period of time as is felt necessary to provide you with services you request, to
with applicable regulations or legislation, and to ensure that you have a reasonable opportunity to access the
If you no longer consent to us retaining your personal information, you can request that it be removed by contacting
outlined at: https://www.itgalleryapp.com/en/contact-us.html.
Is correspondence that you send to us saved?
Yes. If you send us correspondence, including e-mails, we may retain such information along with any records of your
We may also retain customer service correspondence and other correspondence involving you, ITGallery, our partners,
suppliers. We may retain these records in order to provide you with services you request, to measure and improve our
Is the website secure?
Yes, the portions of our website (and our other Services) that handle sensitive confidential information are secure.
We are committed to maintaining the security of your information and have measures in place to protect against the
misuse, and alteration of the information under our control. We employ the latest and most secure techniques available
protecting our systems from intrusion by unauthorized individuals, and we are constantly upgrading our security as
methods become available. Our data center utilizes state-of-the-art physical security measures to prevent unauthorized
to the facility. In addition, all information is stored in a secure location behind firewalls and other sophisticated
systems with limited (need-to-know) administrative access. All ITGallery employees who have access to, or are
with, the processing of personal information are contractually obligated to respect the confidentiality of your
and abide by the privacy standards we have established. Please be aware that no security measures are perfect or
Therefore, although we use industry standard practices to protect your privacy, we cannot (and do not) guarantee the
security of personal information.
Does this Policy apply to other websites?
No. The Services may contain links to other Internet websites. By clicking on a third party advertising banner or
other links, you will be redirected out of the Services and to such third party websites.
We are not responsible for the privacy policies of other websites or services. You should make sure that you read and
any applicable third party privacy policies, and you should direct any questions concerns to the relevant third party
or webmasters prior to providing any personally identifiable information.
How can I unsubscribe?
With your permission, we sometimes e-mail you in order to provide targeted marketing from our Services. We only send
e-mails when you have specifically requested them. All e-mails you receive from us will include specific instructions
how to unsubscribe and you may unsubscribe at any time. Additionally, we give you the following options for removing
information from our database:
Can personal information be updated or corrected?
Yes. You may correct or update your personal information by writing to our Privacy Officer:
What are cookies?
The cookies used by this website do not contain any of your personal information, and we cannot use them to find out
Cookies are small text files that websites save to your computer. They often include a randomly generated number
stored on your device. Many cookies are automatically deleted after you finish using the website.
Cookies are commonly used to improve browsing experience; measure website performance; support the delivery of
support sharing information through social media, such as Twitter or Facebook.
or access other services. If you have switched off cookies then some of the functionality of our services may not be
The cookies that we use on our websites only collect anonymous information they do not collect personal information.
online service. Using cookies to distinguish you from other users means that we can store your preferences, provide
functionality and deliver better value for money.
- Improving your experience and supporting the delivery of our services:To ensure that you don't have to
repeat some actions unnecessarily and to make transactions as smooth as possible, we use
cookies to remember that you are logged in; and to remember search terms and search results.
- Measuring website performance:our websites must demonstrate value for money in the delivery of information
and services. Cookies support the monitoring
by helping web teams to work out which pages are most useful to people, and to improve pages that people aren't
is collected as part of this process.
What cookies are on our website?
We have audited our cookies and produced a list of the cookies we use which describes, categorises and explains which
- _ga, gat,: Installed by Google Analytics for two years
Where can I find more about cookies and how to turn-off or delete them?
Find out more about cookies at www.allaboutcookies.org including information on
how to control and delete them in all the
major web browsers.
You can block cookies by activating the setting on your browser that allows you to refuse all or some cookies.
you use your browser settings to block all cookies (including essential cookies) you may not be able to access parts
sites, or you may experience reduced functionality when accessing certain services. Unless you have adjusted your
For information about deleting cookies from the browser on your mobile phone, refer to your handset manual.