Terms and Conditions | Bigle Legal

I. TERMS AND CONDITIONS

1. GENERAL INFORMATION

These terms and conditions (hereinafter, the “Terms and Conditions”) rule the contracting process between BIGLE IBERIA, S.L. (hereinafter, “BIGLE LEGAL”), and the client, through the website www.biglelegal.com (hereinafter, the "Website").

For the purposes of these Terms and Conditions, "Client" in the singular or "Clients" in the plural will be understood as the user(s) or Internet user(s) who acquire/s licenses of use, or where appropriate, who accesses in trial period to the software that BIGLE LEGAL offers on the Website.

2. IDENTIFICATION DATA

The contact details of the owner and responsible for the Website are as follows:

BIGLE IBERIA, S.L.

Ronda de Sant Pere, 52, Ático, 08010 Barcelona (Spain)

Commercial Registry of Barcelona, in Volume 44517, Sheet 1, Page 458439.

NIF: B-66387317.

Email address: hola@biglelegal.com

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3. CONDITIONS

BIGLE LEGAL puts at your disposal through the Website various services or products, related to the generation, signature and automatic and digital management of documents.

Additionally, on the Website you will find divulgative articles about the products and services offered by BIGLE LEGAL, all of them free of charge, but in no case should it be interpreted as advice.

The Client is expressly prohibited from facilitating or sharing the username and password with any third party. BIGLE LEGAL reserves the right to prevent access to the Website to any Client who breaches these Terms and Conditions.‍

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4. OBLIGATION OF THE USER

To contract with BIGLE LEGAL, the Client must be of legal age, in accordance with its applicable regulations, and have sufficient legal capacity to enter into contracts.

BIGLE LEGAL reserves the right to modify and update these Terms and Conditions or any particular conditions, at any time, being the responsibility of the Client to review them at the time of contracting, since contracting means their acceptance in the version of the Terms and Conditions or particular conditions that are in force at that time.

The Client declares to be duly informed of the Terms and Conditions, prior to initiate the contracting process, and by clicking on the button "I have read and I accept the Terms and Conditions", he accepts the Terms and Conditions without reservations as well as any particular condition that complements them, if applicable. Once the total payment of the services or products contracted by the Client has been confirmed, BIGLE LEGAL, as confirmation of the contracting carried out, will make available to the client in their profile area, a receipt of the purchase made.

5. CANCELATION AND WITHDRAWAL

The Customer may withdraw within 14 calendar days from their contract, unless the contract involves digital content that is not provided on a material support and the Customer has started downloading. In this case, the start of the said download will mean for the Customer the loss of the right of withdrawal.

BIGLE LEGAL will reimburse the price of the service or product for which the Client has withdrawn in accordance with the previous paragraph, within a period of 14 calendar days from the communication of the said withdrawal.

To exercise the right of withdrawal, the Client must send a written notification to BIGLE LEGAL, either by email to the address hola@biglelegal.com or by postal service to the address of the registered office of BIGLE LEGAL, in which they must inform of the unequivocal decision to withdraw from the contract.

If you wish, you can use the withdrawal form model that you can find at the end of these Terms and Conditions, although its use is not mandatory.

6. PRICE AND PURCHASE METHODS

The prices applicable to each service and/or product are those indicated on the Website, or at the corresponding Purchase Order, at the contracting date, including the applicable taxes, where appropriate.

BIGLE LEGAL has the payment method by credit or debit card for Visa or Master Card.

The minimum duration of the license is ONE (1) year, regardless of annually or monthly payment plans, and they are tacitly renewable for periods of the same duration unless the Client informs the willingness not to continue with the subscription at least THIRTY (30) days before the end of each current year. Prices will be billed on a recurring basis while the contractual relationship is in force.

7. DATA PROTECTION

BIGLE LEGAL takes very seriously the responsible treatment in the management of Clients' personal data and, therefore, we offer below the basic information on personal data protection:

· Responsible for the Treatment: BIGLE IBERIA SL

· Purpose: Manage the service relationship between the client and the company.

· Rights: Access, rectification, deletion, portability, limitation of treatment, and opposition to treatment, by sending an email to: hola@biglelegal.com

For more information about the processing of your data, check our Privacy Policy.

7.1 Security

With the aim of providing a better service and guaranteeing the integrity of the data, BIGLE LEGAL establishes the mechanisms and measures of a technical and organizational nature in accordance with current security regulations.

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7.2 Support

If you have any questions or concerns regarding our policies, please email us at legal [@] biglelegal.com, we will be happy to assist you.

In relation to cookies, we refer to our Cookies Policy.

In the case of contracting and providing us with your data, you expressly authorize us to process your data in accordance with the conditions described above.

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7.3 GUARANTEES AND RESPONSIBILITIES

BIGLE LEGAL guarantees the quality of the service contracted through the Website. All the rights that the applicable laws in force guarantee to consumers and users are guaranteed. The Client guarantees the veracity and accuracy of the data provided when filling in the contracting forms, and undertakes to make lawful use of the services and products, and not to contravene current legislation, or harm the rights and interests of third parties.

BIGLE LEGAL will make the necessary efforts to keep the service provided on the Website operational. However, technical problems can sporadically cause outages. It must be taken into account that the availability and quality of transmission of the Website, and therefore of the services or products contracted, may vary depending on various factors, such as the device used, the geographical location of the Client, the available bandwidth and/or the speed of the internet connection, so it will be the responsibility of the Client to ensure that the systems and infrastructures available are adequate and necessary for the correct reception of the contracted services or products.

BIGLE LEGAL will not be responsible for the inappropriate use that Clients may do of the Website or the linked websites, and the online purchase procedure, as well as the lack of availability or accessibility of the Website. Likewise, BIGLE LEGAL declines all responsibility for damages caused by third parties, and that are not attributable to BIGLE LEGAL.

Failure to comply with any of the Terms and Conditions may lead to the cancelation of the licenses acquired by the Client, without the need for prior notice to the Client and without the right to any compensation.

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9. NULLITY AND INEFFECTIVENESS

If any clause of these Terms and Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only the said provision or part of it that is null or ineffective subsisting in everything else, the rest of the Terms and Conditions and having such provision or the part thereof that is affected by not being placed, except that, as it is essential to these Terms and Conditions, it should affect them in an integral way.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms and Conditions, as well as, the particular conditions and all those relationships that may arise from the contracting of the services and products of the Website between the Client and BIGLE LEGAL, will be interpreted and governed in accordance with Spanish Law.

For those cases in which the regulations allow the parties to submit to a specific jurisdiction, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).

II. PARTICULAR CONDITIONS FOR CONTRACTING THE SUBSCRIPTION

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11. DESCRIPTION OF THE SERVICE

Contracting the license for use in subscription mode (hereinafter, the "Subscription") allows the Client to access the Software.

Contracting the Subscription includes the following benefits:

The license to use the software an unlimited number of times during the subscription term, and with those functionalities that are included in the contracted plan.
Cloud storage of up to 2 Gigabytes per user license, to be accumulated based on the users contracted within the same Workspace. In case of exceeding the contracted space limit, the Client may increase the cloud storage by contracting more space, in accordance with the conditions published on the Website at the time of contracting, to which the discounts and promotions that are linked to the offer must be applied, plus the additional expenses that are passed on to the Client.

12. SERVICE CONDITIONS

12.1 Duration

The duration of the Subscription will begin with the full payment of the Subscription, until the end of the Subscription as indicated below.

The Subscription services will have a determined duration as announced in the contracted plan.

The periodic payments associated with the contracted conditions will be automatically renewed when reached the date of expiration, unless the Client cancels the Subscription one month before the expiration of the renewal term. To cancel the services you can contact the customer service department at the email address support [@] biglelegal.com, and they will confirm that your subscription has been successfully canceled.

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12.2 Price

The price of the Subscription will be the one published on the Website at the time of its contracting, to which it will be necessary to apply the discounts and promotions that are linked to the offer, plus the additional expenses that are passed on to the Client.

The price per license that will be invoiced to the Client for the automatic renewal of the Subscription will be the same as that initially contracted for the first subscription period. In the event that BIGLE LEGAL decides to increase the price of the Subscription, the Client will be informed of the new price and associated conditions, and will be offered the possibility of subscribing under the new conditions for the next subscription period. In the event that the Client does not wish to subscribe under the new price conditions, he may not renew the subscription for the new period and will be automatically canceled.

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12.3 Termination

Non-payment, in whole or in part, by the Client within the agreed term will give the right to BIGLE LEGAL to terminate the Client's Subscription.

The communication by the Client of his will to terminate the contracting of the service without justified reason and prior to the expiration of the contracted term, will imply the attribution in favor of BIGLE LEGAL, as a penalty for early termination, of the amounts paid by the Client, and will not release the Client in any case from any other payment that was due up to that moment.

The termination of the relationship for any reason will entail the automatic elimination of documents and information stored in the Client's private area.

For any other question not included in these particular conditions, the Terms and Conditions will apply.

III. PARTICULAR CONDITIONS OF CONTRACTING THE ELECTRONIC TRUST SERVICES

13. DESCRIPTION OF THE SERVICE

Subscription to the electronic trust service, which includes the electronic signature service and the sending of certified digital communications (hereinafter, the "Electronic Trust Service"), allows the use of by the Client of the service for sending documentation in digital format to the signatories or recipients, as appropriate, so that they can sign the said documentation electronically or certify the content delivered and the acknowledgment of receipt to the recipient.

The contracting of Electronic Trust Service licenses includes the following benefits:

The use of the software to request the electronic signature remotely and in parallel, in documents up to 50MB and to a maximum of up to 100 signatories per document.
The certification or audit trail of the electronic evidence of the signing process once it has been fully signed by all the signatories.
The use of the software to remotely and electronically deliver a communication to a recipient.
The certification or audit trail of the evidence of delivery of the electronic communication, which includes the certification of the content delivered and the acknowledgment of receipt from the recipient.
For the Premium Plan, the use of the software to request electronic signature remotely for unlimited number of times, as long as the petitions don’t reach 2 per minute, 10 per hour, 50 per day, 200 per month or 1000 per year.

The services offered by BIGLE LEGAL are exchanged for credits to be consumed in each request that the Client makes.

The BIGLE LEGAL Electronic Trust Service is provided through its web platform or through API integration, requiring, in both cases, a license that allows access to the web platform or the API to be able to use the services requested during the term of the contract.

The number of credits of the Electronic Trust Service to be exchanged for signatures and digital communications, and their consumption period, depend on the Subscription plan contracted.

The digital signature and communication processes initiated and not signed or delivered, will be automatically eliminated after 30 days.

14. SERVICE CONDITIONS

14.1 Service delivery conditions

The documents will be sent through a BIGLE LEGAL email account and to the email addresses indicated by the Client at the time of sending the documents.

The documents to be sent through the Electronic Trust Service have a limit of 50 megabytes, 250 pages in length and 100 signers.

14.2 Duration

The subscription to the Electronic Trust Service allows the use of the volume of signatures or digital communications contracted during the term offered in each plan. That is, once the payment of the license has been processed in the web plans or, the volume of credits and licenses in the Enterprise or API plan has been paid, the Client will be able to make use of the Electronic Trust Service at the time it deems appropriate, with the limits of volume contracted, as long as you keep the subscription alive.

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14.3 Price

The price and the applicable taxes for the Electronic Trust Service will be the one informed during the contracting process and at the time of acceptance of the Contract Terms and Conditions.

15. RESPONSIBILITY OF THE USER OR CLIENT

The user must obtain prior to sending the documentation to sign the necessary consent in accordance with current regulations on the protection of personal data.
The Client undertakes to make good use of the software and to make lawful use, without contravening current legislation, or harming the rights and interests of third parties.
The Client or user is responsible for making good use of their user profile and password to access the software, committing to make diligent use, and not to make it available to third parties, as well as to notify BIGLE LEGAL of the loss or theft of the same or possible access by an unauthorized third party, so that BIGLE LEGAL can proceed to the immediate blocking.
The following actions are considered as an NOT acceptable use of the BIGLE LEGAL Software by the Client:

Damage or infringement of the rights of minors.
Content that promotes or condones hatred, violence, or discrimination based on race, origin, religion, age, gender, sexual orientation, disability, medical conditions, or other forms of discrimination or intolerance.
Threats, bullying, harassment, defamation, child abuse, insults or illegal acts.
Carrying out a fraudulent or illegal activity.
Malware, spyware, phishing or spamming.

When the Client is a legal entity, they must inform their users or clients of the use of this software and the treatment they will carry out with it, exempting them from the obligations that correspond to them in compliance with the data protection regulations when it is understood that said client is directly responsible for said treatment.
The Client will be responsible for verifying the validity of the signatures and the identity of the signers.

Failure to comply with any of the Contract Terms and Conditions may lead to the withdrawal or cancelation of the services by BIGLE LEGAL, without the need for prior notice and without giving the right to any type of compensation.

16. LIABILITY OF BIGLE LEGAL

BIGLE LEGAL will be responsible for:

Providing the Electronic Trust Service in the manner and according to the characteristics offered through the Software and the provisions of these Terms and Conditions in attention to the services contracted by each user, as well as in the particular conditions that, where appropriate, are applicable.
Adopt the appropriate security measures, protecting the confidentiality of the data of its users and / or clients in accordance with the provisions of this text and other applicable legal policies.
Adopt the security measures that are proper to you both as a data processor, and as data controller, in attention to your intervention and purpose of data processing as established in the Privacy Policy of BIGLE LEGAL.

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BIGLE LEGAL will not be responsible in any case in the event of:

Any error, deletion, delay or anomaly that may occur in the transmission and operation of the Website, as well as in the provision of the services or products contracted by the Website, that originate from force majeure or fortuitous causes as well as any other cause beyond the good faith of BIGLE LEGAL (whether they are internet problems, computer errors, telephone breakdowns, hackers, etc.), or that had been caused by bad faith, misuse or abuse of the Client.
The inappropriate use that Users may make of the Website, the linked websites, or the Software and that result in an infringement of intellectual and / or industrial property rights, or in other civil or criminal offenses.
The consequences for the use of erroneous email addresses or problems in receiving requests for signing or sending certified electronic communications, as they are external providers of electronic messaging services belonging to the sender or the recipient.
The use of documents not suitable for signature, uploaded by the user and sent to the recipient without the latter being able to sign in a valid and / or adequate manner in accordance with the legally established criteria, or to invalid or incorrect email addresses.

The claims of third parties for damages that derive from the improper use by the user of the services or products of BIGLE LEGAL or that are related to them.
The quality, reliability or adequacy of the data provided by Clients or third parties.
The acts or omissions of third parties, regardless of whether they may have a contractual relationship with BIGLE LEGAL.
The purpose or use of the documents or contracts stored in BIGLE LEGAL or that have been used within the Electronic Trust Service, nor of the success of the operation or legal business reached between the parties involved in the documentation.
The access and use of the Website to unsuitable contents as well as the delivery of data by minors, without the consent of the parents or guardians, when the Law so requires, being the responsibility of the parents or guardians to exercise adequate control so that minors in their care avoid access and use of unsuitable content.
The errors or damages caused by a misuse of the service or with bad faith on the part of the user or client.
The non-operability or problems in the email address provided by the client for sending the documentation or signature request, both yours and that of the recipient.

BIGLE LEGAL reserves the right to suspend access without prior notice in a discretionary manner and with a definitive or temporary nature until the assurance of effective responsibility for the damages that may occur when any situation is detected in which the user and / or client does not have acted correctly and / or has taken advantage of the functionalities of the Electronic Trust Service, for the commission of fraudulent acts or contrary to the law.

IV. PARTICULAR CONDITIONS OF THE CUSTOMER SUPPORT SERVICES

17. DESCRIPTION OF THE SERVICE

The Subscription to BIGLE LEGAL includes the technical support of the Software, in accordance with the conditions established herein.

To request technical support related to BIGLE LEGAL software products, Clients must have the corresponding license.

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18. SUPPORT AND MAINTENANCE FEES

Technical support fees are due and payable annually in advance of the support period, unless otherwise specified in the corresponding service proposal signed with BIGLE LEGAL. Your payment is required to process the corresponding technical support order to BIGLE LEGAL. Failure to pay will result in the termination of technical support services.

19. SUPPORT PERIOD

The technical support will be effective as of the effective date of the contract. Unless otherwise agreed between the Parties, the term of BIGLE LEGAL's technical support will cover a support period equal to the period of contracting the Subscription. Once contracted, the technical support service is not cancelable and the additional sums paid, where applicable, are not refundable. BIGLE LEGAL has no obligation to provide technical support after Subscription ends.

BIGLE LEGAL's business hours are Monday through Friday, from 9:00 a.m. to 5:00 p.m., local time, except local holidays at the place of BIGLE LEGAL's registered office. Help center available 24 hours a day at https://support.biglelegal.com/en/knowledge-base.

20. SCOPE OF SUPPORT AND SERVICE PROVISION POLICIES

People who contact BIGLE LEGAL to request support must have a basic initial training on BIGLE LEGAL software in order to collaborate in solving software problems and assist BIGLE LEGAL in the analysis and resolution of service requests.

When submitting a support service ticket, the Customer should have a basic understanding of the problem they intend to report, as well as the ability to reproduce the said problem in order to assist BIGLE LEGAL in diagnosing and classifying the problem.

21. LEVELS OF SUPPORT

Response Time means the time elapsed since the client creates a service ticket until BIGLE LEGAL responds.

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21.1 Basic Support

The basic support service is included with the web products.

Basic support service includes:

Minor platform updates, fixes, security alerts, and critical maintenance updates.
Tax, legal and regulatory updates of the platform.
Customer service via contact form, during Office Hours.
Bug fixes and security fixes.
Commitment in Response Times.

The basic support service does not include:

Support for automated templates.
Phone support.

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21.2 Advanced Support

BIGLE LEGAL has an additional advanced support service that is contracted by accepting the corresponding particular conditions.

The advanced support price will be the one published at the time of contracting the service.

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22. RESPONSE TIMES

Any incidents that may arise can be classified as detailed below:

Critical incidents: those which significantly affect the provision of services. By way of illustration only, those incidents that imply a total shutdown of the system will have the said consideration.

Serious incidents: those that, within the framework of the provision of services, affect moderately. By way of example, incidents will be framed within this category, without implying a total stoppage of the software, causing a malfunction of any of the modules or functionalities of the system.

Minor incidents: those that are limited to hinder the provision of services. Within this category will be included all those questions related to, for example, the configuration, functionality, operability, format and / or aesthetics of the platform.

In the event of an incident, BIGLE LEGAL undertakes to offer a response from the moment the Client has communicated its existence. The response to incidents duly communicated by the Client will be carried out within the following Response Times, within Office Hours, and depending on the category of the incident.

Critical incidence: 8 hours.

Serious incidence: 18 hours.

Minor incidence: 36 hours.

Resolution times will depend on the complexity of the reported issue. BIGLE LEGAL is committed to using its best efforts to resolve issues as quickly as possible.

23. LIABILITY AND WARRANTY OF SERVICE

BIGLE LEGAL guarantees that technical support services will be provided in a professional manner in accordance with industry standards. The Client must notify BIGLE LEGAL of any deficiency in the technical support services within a period of 90 days from the provision of the corresponding technical support services.

In the event of non-compliance with the technical support services, BIGLE LEGAL will be responsible for providing the technical support services again, repairing the deficiencies that occurred or, if BIGLE LEGAL could not substantially correct the non-compliance in a reasonable way, from a commercial point of view, Customer may terminate relevant technical support services and obtain reimbursement of fees paid to BIGLE LEGAL for deficient technical support services.

Neither party will be liable for indirect, incidental, special, punitive or consequential damages, or loss of profits, loss of income, data or data use. The maximum liability of BIGLE LEGAL for any damages that may arise, whether contractual, tort or of another nature, will be limited to the amount of the fees that the Client has paid to BIGLE LEGAL by virtue of their contract, and if said damages and losses were consequence of the use that the Client made of the technical support services, said responsibility will be limited to the fees that the Client has paid to BIGLE LEGAL for the deficient technical support services that gave rise to the responsibility.

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V. PARTICULAR CONDITIONS OF THE API SERVICES

24. DESCRIPTION OF THE SERVICE

Subscription to the API services (hereinafter, the "API Services"), allows the use by the Client of the BIGLE LEGAL API as described in the API documentation here (hereinafter, the “API Documentation”).

25. SERVICE CONDITIONS

Due to the nature of the services, we will update the API Services and the API Documentation from time to time, and may add or remove functionalities. We will inform you in the event of material changes, deprecations, or removal of functionality from the API so that you may continue using the API Services with minimal interruption.

We will share with you the API keys once you subscribe to the API Services. API keys permit any API call to your BIGLE LEGAL account. You are responsible for securing your API keys. Failure to secure your secret keys will increase the likelihood of fraud on your BIGLE LEGAL account and potential losses to you or your customers. You should contact us immediately if you become aware of any unauthorised use of your API key or any other breach of security regarding the API Services.

26. API LIMITATIONS

BIGLE LEGAL sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain BIGLE LEGAL's express consent.

When using the APIs, you or any third acting on behalf of you, may not:

Sublicense an API for use by a third party. Consequently, you will not create an API client that functions substantially the same as the APIs and offer it for use by third parties.
Use the API for any purpose, function, or feature not described in the API Documentation or otherwise communicated to you by us.
Publish or share the API key with any unauthorised persons

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VI. PARTICULAR CONDITIONS OF THE DOCUMENT AUTOMATION SERVICES

27. SERVICE DESCRIPTION

Document automation is the process of using software and pre-configured code-based templates to automatically generate documents based on data entered into a form. This allows for efficient and accurate creation of customized documents, streamlining workflows, and improving productivity. In other words, it is the process of transforming a template into a reusable form.

To provide the automation service, the client must provide BIGLE LEGAL with the templates they want to automate. After assessing the automation requirements, BIGLE LEGAL will provide the corresponding budget estimate.

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28. SERVICE CONDITIONS

28.1 A template will be understood as any file (in docx format) that the Client submits to BIGLE LEGAL for automation (hereinafter, the “Template”, or “Templates” in plural). In the particular terms and conditions of the contract, depending on the plan, the Client will hire the service for a number of templates with a maximum combined page limit. Page counting will be based on a minimum font size of 11 in Arial.

The client must provide the templates with instructions that contain all the necessary guidelines for proper automation. BIGLE LEGAL will guide the client on how to provide these instructions.

28.2 An automated document means the output generated by the computer system of BIGLE LEGAL. The automated document consists of the custom-created form and the base Template provided by the client.

An automated document can include more than one Template. This means that it is possible to create a single form containing multiple Templates. Although the final result will be a single form, each Template will be counted individually for the purposes of template calculation.

28.3 Template automation will always be subject to deadlines informed to the client at the project's launch. These deadlines will be mutually agreed upon between BIGLE LEGAL and the Client, and the client must adhere to the agreed-upon deadlines for required actions. Failure to meet deadlines by the client may result in delays in the agreed-upon deliveries.

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29. PARTIES' OBLIGATIONS

The client is responsible for delivering the templates for automation within the agreed-upon deadlines with BIGLE LEGAL.

The client shall perform the necessary testing and provide their suggested changes once the automated documents are delivered, within the timelines indicated by BIGLE LEGAL.

The client is also obligated to pay for the service as agreed upon in the specific terms of the service contract.

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30. SERVICE CONTRACTING

The client can contract the automation service at the same time as the software usage license or subsequently. While the automation service contract is independent of the software usage license, it is a necessary condition for using the automation service that the software usage license contract is in effect. Therefore, if the software usage license contract is terminated, it will result in the termination of the document automation service and access to the platform.

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WITHDRAWAL FORM

BIGLE IBERIA, S.L.

Ronda de Sant Pere, 52, Ático, 08010 Barcelona (Spain)

Commercial Registry of Barcelona, in Volume 44517, Sheet 1, Page 458439.

NIF: B66387317.

Email address: support@biglelegal.com

I hereby inform you of MY WILL TO WITHDRAW the contract of the following product / service ________________________________________________ entered into with you on the ____ day of ______________ of ______.

Signature:

Date ____ of ______________ of ______.

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CLIENT INFORMATION

Name and Surname or Corporate Name: ________________________________________________

Domicile: _________________________________________________________________________

ZIP Code __________ City _______________________________________________ Province ____________________________________ Contact Phone __________________.

This document will only be effective until fourteen calendar days from receipt of the product or from the conclusion of the contract in the case of services.