HYPERMEDIALAB Payment Service Terms and Conditions

The HypermediaLAB service, which allows users to create, view and share videos and other types of content (“HypermediaLAB”), is provided in the European Economic Area and Switzerland by Eckium Knowledge S.L. (hereinafter Eckium), an established company that operates under the laws of Spain (with registration number: B76754639), with address at Av. Ramón y Cajal 109, Madrid, Spain. HypermediaLAB allows access to certain premium features or content in exchange for a one-time or recurring fee, as appropriate for the features or content in question (each a “Paid Service” and, collectively, the “Paid Services” ). Transactions for such Payment Services are with Eckium. Paid Services include rental, purchase, subscription to paid features, theme-based subscription, and other HypermediaLAB services that may be offered by Eckium.

1. Your Acceptance

Your transactions and any use of the Payment Services are subject to (1) these Payment Services Terms; (2) the Rules of Use of the HypermediaLAB Payment Services; (3) the HypermediaLAB Terms and Conditions of Service; Hereinafter, we will refer to these documents together as the “Terms”. Our Privacy Policy explains how we treat your personal data and how we protect your privacy when you use the Service. Please read the Terms and Privacy Policy carefully. Each time you purchase a Paid Service (including when you purchase a subscription or content articles) you enter into a separate agreement in accordance with these Terms.

2. Payment and Cancellation

Payment: Eckium accepts the payment methods indicated before the sale, which may include any form of payment that we make available to you. You must have a valid, accepted and registered form of payment in our files in order to purchase Paid Services or participate in free trial periods or other free offers related to Paid Services. You agree to pay for the Payment Service you purchase. Eckium will charge your credit card, or the payment method you have selected, the price indicated in the offer of the Payment Service in question. If you purchase a subscription that renews automatically, you agree that Eckium will charge the payment method on file on the first day of each billing period for the corresponding subscription. If the payment method on file is invalid (due to credit card expiration or any other similar reason) and we are unable to charge in the next billing period, you may not have access to the Service. Payment until you update your payment method. We will notify you when this occurs whenever possible. If you do not update your payment method within a reasonable period of time, Eckium may cancel your subscription.

Subscription Cancellations: If you purchase an automatically renewing Paid Service subscription, you may cancel the subscription at any time before the end of the then current billing period. Cancellation will be effective at the end of the current billing period. You will continue to have access to the Payment Service from the time you cancel the subscription until the new billing period begins and, unless otherwise stated in the Refund Policy, you will not receive a refund or credit for the remaining days of your billing period. in force at the time of cancellation.

Free Trial Periods: Eckium may offer free trial periods to new subscribers of Paid Services. If you purchase a Paid Service subscription that includes a free trial period, you will be able to access the Paid Service for free during the free trial period. At the end of the corresponding free trial period, you will be charged the subscription fee and this fee will continue to be charged until you cancel the subscription. To avoid any charges, you must cancel the subscription before the end of the free trial period. Please note that if your purchase includes a free trial period, the deadline to request a refund or exercise the right of withdrawal begins at the beginning of the free trial period, not when you are subsequently billed for the Paid Service.

Reservations: Eckium may offer you the possibility of reserving certain content available within the Payment Services. Unless otherwise stated when you make the purchase, when you make a reservation, the transaction will be considered completed and we will charge your credit card the day the content begins to be available to you. You can cancel your reservation at any time until the content you you have reserved begins to be available. In certain cases, Eckium may have to cancel a reservation you have made, in which case, we will notify you.

3. Right of Withdrawal and Refund Policy

Right of withdrawal. If you are a consumer resident in the European Economic Area, you have the legal right to withdraw from the contract that regulates the purchase of Payment Services. However, when you purchase digital content on HypermediaLAB, you accept that the content will be available immediately, and that, therefore, you lose your right of withdrawal. You may still be able to request a refund in accordance with the Refund Policy.

When you have not lost your right of withdrawal, you may have the right to withdraw from the contract within 14 days, for any reason. The withdrawal period will expire after 14 days from the conclusion of the contract. To exercise your right of withdrawal, you must inform us – Eckium, to the attention of Customer Support, C/ De las Cañas 13, estudio-7, Madrid, España- of your decision to withdraw from the contract, notifying us unequivocally (for example, through a letter, fax or email or through the Contact Page). You can use the model withdrawal form that appears below, but it is not mandatory. To comply with the withdrawal period, it will be sufficient for you to send us the communication exercising your right of withdrawal before the withdrawal period ends.

Effects of withdrawal. If you exercise your right to withdraw from this contract, we will reimburse you for all payments that we have received from you, including shipping costs (with the exception of supplementary costs resulting from your choice of a type of shipping other than the least expensive shipping of the standard shipments that we offer) without undue delay and in any case within 14 days from the day we have been informed of your decision to withdraw from the contract. The refund will be made using the same means of payment that you have used in the initial transaction, unless you have expressly agreed otherwise. In any case, you will not be charged any expenses as a result of the withdrawal.

If you have requested that the functions to which you have subscribed to begin to be executed during the withdrawal period, you must pay the proportion of the services that have been provided to you until the moment you have communicated your withdrawal from the contract, in relation to the full coverage of the contract.

Withdrawal Form: Model

Att.: Eckium Knowledge SL, att. Customer Support, C/ De las Cañas 13, estudio-7, Madrid, Spain.

I hereby communicate that I withdraw from the contract in relation to the following service:

Received on:

Name:

Address:

Signature:

Date:

Refund Policy. Eckium offers additional refund rights for various types of Payment Services. Not all payments for HypermediaLAB subscriptions and services can be refunded. If you purchased from an iPhone or iPad, or subscribed through iTunes, you will need to contact Apple Support to request a refund. In this case, Apple’s refund policy will apply.

4. Access to Payment Services

Use and Device Requirements. Certain types of Payment Services may require you to use a device that meets the system and compatibility requirements of that Payment Service (which may change at any time). For more information about supported devices and technical requirements, contact our Customer Support.

Geographic Restrictions. The Payment Services and certain content made available on the Payment Services are currently available only in certain countries. You agree that you will not provide any false, inaccurate or misleading information in order to misrepresent your identity as a resident of a country where the Payment Service is available and that you will not attempt to circumvent any restriction on access or availability of the Payment Services or the content of the available Payment Services.

Other Eckium Payment Services. You may be granted access to other Eckium subscription products as part of a certain Payment Services transaction. In addition, you may be granted access to certain Payment Services as part of a purchase or subscription to other Eckium products. Your use of any Payment Service is subject only to these Payment Service Terms and not to the terms of any other Eckium product, including any other Eckium product through which you have been granted access to the Payment Service.

5. Restrictions

When you use the Payment Service, you will not (and will not):

use the Payment Service illegally or for illegal purposes;

share your Hypermed password iaLAB with any other person in order to allow them to access a Payment Service that said person has not acquired;

copy, sell, rent or sublicense the Payment Services to a third party;

circumvent, reverse engineer, modify, disable or otherwise alter the security technology that Eckium uses to protect the Payment Service, or encourage or assist someone to do so;

access the Payment Service through means other than those authorized by Eckium; or

eliminate any notice or mention regarding the ownership of the Payment Services.

6. Modifications

Whenever possible, we will provide you with reasonable notice of any material change to the Payment Services, the availability of content within the Payment Services, or these Terms, which we reasonably believe will adversely impact your use of the Payment Services. Pay. However, there will be cases where we need to make substantial changes without prior notice. This is limited to cases in which we need to take measures to guarantee the security and operation of our Services, prevent abuse, or comply with legal requirements.

Modifications or Interruptions in the Payment Services. Eckium reserves the right to modify the availability of the Payment Services. Additionally, we reserve the right to modify, suspend or discontinue any Payment Service. The foregoing will not affect your ability to request a refund as described above in the event of suspension or interruption of the Payment Services, or if you are not satisfied with the modification.

Withdrawal or Non-Availability of Content. In certain cases, content available on a Paid Service may become unavailable due to restrictions from our partners who have licensed that content to us, or for legal or internal policy reasons. In the case of rentals or video purchases, if this occurs during the rental period or during the first five years after your purchase of the content, you may request a refund of the price paid or a reasonable replacement of that unavailable purchased or rented content. For all other Payment Services, if you are unable to download a copy of the affected content (if applicable) before it is no longer available, then Eckium may, at its option and solely as an arrangement in your favor, offer you (at ) a reasonable replacement of the content if possible, or (b) a refund of the price of the content. If Eckium decides to grant you a refund or a replacement, a refund or replacement of the purchase price will be your only compensation.

Modifications to the Terms of the Payment Service. Eckium may modify these Terms of Payment Service at any time. If the Payment Service Terms change, you will have the opportunity to review the new terms on your next Payment Service purchase. By completing said purchase, you will express your consent to the new Terms of the Payment Service and, in addition, that said terms apply to your use of the Payment Service in its entirety and to your future purchases (until the Terms of the Payment Service return to change). If you refuse to accept the updated Terms of the Payment Service, you will not be able to purchase any other Payment Service and in relation to the Payment Services that you have purchased in the past, the latest version of the Terms of the Payment Service will continue to apply to you. you would have accepted.

Changes in prices. The prices for the Payment Services may change from time to time. Any changes to the prices for Payment Services with recurring payments will only apply after we have given you reasonable notice, and in no case before the end of the current billing period.

7. Suspension and Termination

We may suspend or stop your access to the Payment Service and / or your Eckium and HypermediaLAB account if you incur a substantial or repeated breach of these Terms, or if we are investigating alleged misconduct. In most cases we will give you advance notice before suspending or disabling your account, unless we reasonably believe that doing so: (i) would violate the law or orders of an executive authority, or would otherwise jeopardize our legal liability or that of our affiliates; (ii) compromise an investigation; (iii) compromise the operation of any Payment Services; or (iv) would cause harm to any user. If your Eckium or HypermediaLAB Account is completely suspended, you can appeal the decision to Customer Support.

8. Other Conditions

The Payment Services include content uploaded or otherwise provided by our users and partners. If you see any content that you believe does not comply with our HypermediaLAB Community Guidelines, please report it to Customer Support.

You can send complaints or comments about your experience with the Payment Service to Eckium at the address indicated in the first paragraph. You can also contact the customer service team by clicking on “Help” next to the corresponding purchase on your Purchase Page or by contacting the support service.

You must take all reasonable steps to protect your account and keep your password confidential. You are solely responsible for the activity that occurs on or through your account and your use of the Payment Services, for any breach of your obligations under the Terms of Payment Service and for the consequences arising from such breaches (including losses or damages that Eckium may have suffered). If you are aware of any unauthorized use of your password or account, please contact Customer Support.

You acknowledge and agree that you are responsible for promptly paying all amounts due and for providing us with a valid credit card or any other form of payment accepted by Eckium.

We provide the Payment Service with reasonable care and skill. Nothing contained in these Terms limits any of the rights that you may have in accordance with the regulations for the protection of consumers and users and that cannot be limited or excluded by contract. Subject to applicable laws, except as provided in the rest of this section, Eckium will not be liable for business losses (including, but not limited to, loss of profits, losses or reputation and goodwill or any other loss of business data). Nothing in these Terms of Payment Service is intended to exclude or limit the liability of any party for (i) death or personal injury; (ii) fraud; (iii) false statement; or (iv) any liability that cannot be excluded or limited by law.

You acknowledge and agree that your transactions with respect to the Payment Service will be with Eckium.

Any dispute in relation to these Terms or the Services will be resolved in accordance with the laws of your country of residence, and the courts of your place of residence will be competent. You can file a claim online on the European Commission’s Online Dispute Resolution Platform, but Eckium is not committed or obligated to resolve disputes with any alternative dispute resolution entity.

©2023 HypermediaLAB