General

Please read these Terms of Service (“Terms” or “Terms of Use” or “Terms of Service” ) carefully before using the Toastalia website and any features, functionality, and services provided on or through such website (the “Service”) operated by Toastalia (“us”, “we”, or “our”).

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU (“YOU”) AGREE TO BE BOUND BY THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE. HOWEVER, YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, THEN YOU DO NOT HAVE PERMISSION TO, AND YOU SHOULD NOT, ACCESS AND/OR USE THE SERVICE.

Content

Our Service allows a user to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. You assume all risks associated with use of your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Content that personally identifies you or any third party.

The term “Content” includes, but is not limited to, any and all information and content that a user submits to, or uses with, the Service, including, but not limited to via the landing page creator, popup maker, form builder, website messages and email.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, moral rights, any other intellectual property or proprietary rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and irrevocable license to use, modify, publicly perform, publicly display, reproduce, distribute, and create derivative works of such Content on and through the Service.

Toastalia has the right but not the obligation to monitor and edit all Content provided by users. We are not obligated to backup any Content, and your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Content if you desire. ‍

In addition, Content found on or through this Service (excluding your Content) is the property of Toastalia or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You hereby grant Toastalia a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback you provide relating to the Service (“Feedback”). We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Toastalia any information or ideas that you consider to be confidential or proprietary.

Prohibited Activities

When using the Service you agree to not violate these Terms of Use, including usage that exceeds storage volume limits or other parameters and restrictions as described on the Toastalia site. You further agree not to: ‍

• use the Service in any manner that infringes, violates, dilutes, or misappropriates any third party’s intellectual property or proprietary rights;
• use the Service in any manner that is misleading, deceptive, fraudulent, or otherwise illegal or promoting illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• upload or transmit via the Service pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
• use the Service in any manner that is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious, or harmful to any person or entity, or is invasive of another's privacy;
• use the Services in any manner to store, or transmit throughout, defamatory, trade libelous, unlawfully threatening, or unlawfully harassing data;
• use the Services in any manner that could damage, disable, overburden, interfere or disrupt the security or functionality of the Service;
• attempt to discover, access, read, alter, destroy, or damage any programs, data, or other information stored on or in connection with the Service or services by any other party;
• modify the Service in any manner or form, or use modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service;
• impersonate another person or access another user’s Account without that user’s permission or to violate any contractual or fiduciary relationships;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation;
• access the Service if you are a direct competitor of the Service or for any other competitive purposes, except with Toastalia's prior written consent; or
• use the Service in any manner on or for websites with the following content: offers to sell illegal goods, pornography, sexually explicit material, sex advice, betting or gambling products or services, drugs or pharmaceutical information or products, adult related products, credit repair services or opportunities, stock trading, day trading or stock market content, network or multilevel marketing, loans, mortgages, nutritional or herbal supplements, excessive third-party promotions, “get rich quick” schemes, or similar content.

Intellectual Property

The Service and its content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Toastalia and its licensors (including all right, title, and interest therein and all intellectual property and proprietary rights related thereto). The Service is protected by copyright, trademark, and other laws of both Europer and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Toastalia. Toastalia and its suppliers reserve all rights not granted in these Terms.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Toastalia. Toastalia has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Toastalia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your Account, please reach out to Toastalia at support@toastalia.com. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated with your Account from our live databases. Toastalia will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Content.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify, and hold harmless Toastalia and its licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of and access to the Service, by you or any person using your Account and password; b) a breach of these Terms, or c) your Content posted on the Service.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, AND TOASTALIA AND ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COURSE OF PERFORMANCE, QUIET ENJOYMENT, AND ACCURACY.

TOASTALIA AND ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS MAKE NO WARRANTY THAT A) YOUR USE OF THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE; E) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR F) ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes To Terms

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS AT ANY TIME. If a revision is material, we will provide at least fourteen (14) days’ notice prior to any new terms taking effect, which shall be effective immediately for new users of the Service, and for existing users who have registered with us to create an Account upon the earlier of fourteen (14) days after posting notice of such changes on the website or fourteen (14) days after dispatch of an email notice of such changes to you at the last email address you provided to us pursuant to these Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and you shall stop using the Service; otherwise, your continued use of the Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THIS WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Contact Us

If you have any questions or concerns about our Terms of Service, you may contact us by emailing us at at support@toastalia.com or by writing to us at:

Toastalia
Calle Cortei 60, El Vendrell
Spain, Tarragona 43880

This Privacy Policy is effective as of July 01, 2023.