Terms & Conditions

General Terms and Conditions of myReach

Last Update on December 15, 2022

These T&Cs, together with the Privacy Policy and the Cookies Policy, govern the access and use of the website accessible through the domain names www.myreach.io, rea.ch and its subdomains and the access and use of the App “myReach” available in the Apple and Google App stores (hereinafter, “MYREACH APP”), as well as the contracting of products and/or services through the same owned by MYREACH, S.A. Independently of these, myReach may establish specific conditions (hereinafter, “Specific Conditions”) that regulate the use and/or contracting of specific or paid services offered to users through the MYREACH APP.

If the User does not agree with these T&C, he/she must immediately leave the MYREACH APP without using it.

By accepting these T&Cs, the User declares that:

That he/she has read, understands and accepts what is set out herein and agrees to subscribe fully and without restriction to them.
That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.
That he/she assumes all the obligations set forth herein.

In compliance with the provisions of the regulations governing information society services and electronic commerce, the general information on the MYREACH APP is provided below, as well as the ways of contact established for our Users:

Owner: MYREACH, S.A.
Tax identification number: CHE – 113.324.607; in the Companies House of the Canton of Vaud (Switzerland)
Registered Office: Route de la Glâne 107, 1752 Villars-sur-Glâne, Canton of Vaud (Switzerland)
E-mail: chris@rea.ch

In relation to specific payment services provided by myReach, the User must carefully read the relevant Specific Conditions created for this purpose by myReach. The use and / or hiring of such specific paid services implies acceptance of the Specific Conditions governing them in the version published by myReach at the time of such use and / or contracting.

1. Definitions

For clarity and understanding of this Agreement, the following definitions apply to terms that appear in this Agreement. Definitions and terms in the singular also include the plural, and vice versa.

“Agreement”: The terms and conditions that are applicable to the MYREACH APP in its current version, as the sole basis for the relationship between myReach and the User.
“You” or “User”: Each user of the MYREACH APP who is given access by myReach after filling its signing up process or subscribing to the paid services provided by myReach that has accepted the Specific Conditions. It may be also referred to each person that access to the website when the limitations and prohibited acts set out in this Agreement apply.
“myReach”: My Reach, S.A., with registered office at Route de la Glâne 107, 1752 Villars-sur-Glâne (Switzerland),and registered with number CHE-113.324.607 in the Companies House of the Canton of Vaud (Switzerland) and contact e-mail chris@rea.ch

The User and Reach may be also referred to herein individually as a “Party” and collectively as the “Parties”.

2. Agreement Between myReach And The Client

myReach and the User will be deemed to have entered into this legally binding Agreement, when the User accepts by ticking the relevant box in the registration form on the website https://myreach.io or in the downloaded App through the correspondent app store of Apple or Google.

This Agreement constitutes the entire agreement between the Parties and no other terms and conditions proposed by the Parties shall apply.

myReach reserves the right to modify this Agreement, indicating in the header of this document the date of last modification. myReach will duly communicate to the User any future modifications that may be introduced to the Agreement: if the User does not agree with any of the updates that may be introduced in the future, he/she may express his/her disagreement at any time by contacting the e-mail address indicated in Clause 2 – DEFINITIONS above. By using the MYREACH APP and by accepting the new versions communicated to him/her by any mechanism made available to the User, the User will be deemed to have accepted the updates to the Agreement. For this reason, the User must read the Agreement carefully each time it is updated and communicated to the User. This Agreement, as amended from time to time, is the only one applicable to the registration and use of the MYREACH APP, unless myReach informs the User in writing that additional terms and conditions apply to the MYREACH APP.

In the event that new versions of this Agreement are made, the User may terminate this Agreement by simply notifying Reach in writing if the User does not agree with the changes in such new versions.

In the event that the User indicates that it does not agree with the new versions of the Agreement, the User shall lose its status in MYREACH APP and, consequently, its access to the MYREACH APP and any rights conferred upon it under this Agreement.

myReach will notify the User if it intends to make a major deactivation of the MYREACH APP. Major deactivation shall mean that the User is unable to access substantially all of the functionalities comprising the MYREACH APP.

myReach may offer additional services to the User upon acceptance of the conditions agreed for access to such services.

3. Purpose

MYREACH APP is a knowledge management application dedicated to integrating the different documents, tasks and in general any type of productivity, media and lifestyle applications into a single space in which to manage and administer all the information contained in each of the third-party applications managed by the user. The main functionalities of MYREACH APP can be found at the following link: https://myreach.io/features

In addition, those Users who register for free in MYREACH APP by filling in the registration form and logging in, will be able to access exclusive paid premium content by following and complying with the stipulations on paid services specified in the Specific Conditions.

4. Client Registration Procedure

The User’s registration procedure is as follows:

The User signs up for his services through the MYREACH APP via the App or the website. Upon completion of the registration process by the User and acceptance of this Agreement and the applicable Privacy Policy.
If the registration is through email rather than a social media account, the User must validate his e-mail address.
Reach will send the relevant account creation confirmation emails to confirm subscription to the MYREACH APP.
The User must complete the registration by answering additional questions. Full Name, how did he hear about us, what best describes him, select a Workspace template to start.
After all the previous steps are completed, the User is now an active user of myReach.

The User confirms that the data provided by him/her are accurate, truthful, and duly processed in accordance with the applicable regulations on personal data protection.

The User is responsible for verifying the domain email address or domain name under which he/she will use the MYREACH APP, to be able to use it. If the User does not have valid permission to use that domain Email Address or does not own or control that domain name, myReach shall have no obligation to provide the MYREACH APP and may delete the User’s account without notice.

5. Unsubscription of a Registered User

At any time, the User can request cancellation of MYREACH APP from his/her personal account.

In any case, once the cancellation is made, the User may request a new registration as a User, being reserved the right of myReach not to accept such registration in the event of a breach of this Agreement or in case of conflict or dispute between the Parties, to resolve or terminated with recognition of fault or negligence of the User and / or damage to myReach, its employees and partners or its users, customers or potential customers.

In any event, myReach reserves the right to delete information and data from the User’s account upon termination of the User’s account and does not guarantee that all data created and stored by the User will be available to the User upon reopening of the previously terminated account. Such deleted data may include aspects of account settings, saved favourites and posted comments, among others.

6. Specific Conditions

myReach makes available to Users and in accordance with the Agreement, a paid service, so that the User can subscribe to exclusive content and accessible only upon payment of such subscription.

To properly provide payment services, myReach makes use of the following Specific Conditions that apply to the User who subscribes to the paid services which are complementary to, and incorporated by reference into the Agreement:

Procedure and conditions for contracting services and/or subscriptions

The language in which the User may formalise the contract is English. The procedure for contracting services and/or subscriptions to paid services (hereinafter, “Paid Services”) through the MYREACH APP is as follows.
From the section provided for this purpose, the User, who has previously registered or logged in, must select the desired Paid Services. At each time, myReach will identify the different Paid Services and describe the services included in each category of Paid Services, always before the user decides to purchase them.
The User will then be directed to the billing form and must provide at least the data marked with an asterisk as compulsory. All data entered by the User must be accurate, current and truthful.
Those Users who hire myReach Paid Services, will have at their disposal two billing schemes to make the appropriate payment. Payment for services provided by myReach may be made on a monthly or annual basis at the discretion of the user.
myReach will invoice the User the amounts for access to the Paid Services, following the billing scheme that the User chooses by direct debit payment in the bank card that the User freely chooses and on the day he registered as a user of the Paid Services. At the end of each billing period myReach proceed to the automatic collection of the next period as long as the user does not request cancellation of the Paid Services. myReach may change its offer of billing options, including the restriction or termination of the offer of any billing option within a period of 30 days after written notice to the user (including by email).
The User can register for the Paid Services directly through myReach and will have access as long as it remains up to date with payment of their subscription, which may be made by direct debit payment on a monthly or annual basis that gives access to the Paid Services of myReach during those specific periods of time.
The “Billing Period” shall be considered to be the period of time for which the contracted Paid Services is covered. This Billing Period starts from the date the user contracts the Paid Services.
In any case, the Paid Services will be automatically renewed on the date of execution of the next payment since the end of the previous subscription period. The User may unsubscribe from any service, if communicated to myReach before proceeding to the billing of the next Billing Period. The User shall not be entitled to reimbursement of amounts paid once they are billed by myReach nor shall have the right of withdrawal as set out in clause “right to withdrawal” of these Specific Conditions.
Cancellation of the Paid Services by the User during the current month will allow its use until the end of the current billing period without the right to any refund of payment.
The Paid Services will automatically renew at the end of the applicable Billing Period unless the User cancels the Paid Services before the end of the current Billing Period. Please contact our team via the contact e-mail address provided in the first section of the Agreement for instructions on how to proceed with the cancellation. The cancellation will take effect on the day following the last day of the current Billing Period, and the User will be upgraded to the free version of the MYREACH APP. myReach does not provide refunds or credits for any partial subscription period, unless expressly stated in this Agreement.

Correction and identification of data entry errors

If the User forgets to fill in any information marked as compulsory, he/she will not be able to progress in the contracting or validation process until he/she has done so. A message on the screen will warn the User of this circumstance.
As stated in the description of the purchase procedure contained in this Agreement, the User may review and modify the contracting data before finalising the Agreement.
The User may modify and/or update the data provided during the registration process at any time by logging into his/her User account.

Price and payments

The prices indicated for the Paid Services include, unless expressly stated otherwise, Value Added Tax (VAT) and, in all cases, are expressed in Euro (€). The complete price including possible taxes, fees and other additional payments to the base price, will be shown to the user before contracting the service.
Tax rates are calculated based on the information provided by the User and the rate applicable at the time of their annual or monthly charge, and they may benefit from discounts depending on their condition at the time of subscribing to the Paid Services. The tax rates are based on the rates applicable at the time of collection. These amounts may change over time depending on local tax requirements in your country, state, territory or even city. Any change in the tax rate will be applied automatically.
myReach reserves the right to change prices at any time, unless otherwise expressly agreed. myReach will notify the User of any price changes at least thirty (30) days in advance. These prices will be applicable from the next Billing Period to be billed to the User.
Subject to applicable law, if User continues to use the Paid Services after the price change takes effect, you will be deemed to have accepted the new price.
If User does not agree to a price change, may reject the change by cancelling the subscription to the relevant Paid Services before the next Billing Period is billed.
My Reach may instruct the issuing bank of the User’s payment card to debit the User’s card account in accordance with these T&Cs.

Trials

The User will have the possibility of including a promotional discount code that will be applied to the price of the product and/or service that he/she wishes to purchase. The User will have the opportunity to earn credits for the use of the free and Trial versions of MYREACH APP. The credits earned will be redeemable for months of subscription to the Paid Services. myReach at any time will indicate how many credits are needed to be redeemed for a month of Paid Services also considering the type of Paid Services the User wishes to access.
The use of such codes/credits shall generally be subject to the following conditions, provided that no specific conditions are attached at the time of issue:
Only one promotional code/credit can be used for one purchase/subscription.
The promotional code/credit cannot be applied to a purchase once it has been made.
The promotional code/credit that is subject to a time limit cannot be used after the expiry of the time limit.
myReach will not be responsible for the use of the promotional code/credit by another natural person who uses the user profile. For this reason, the User will be responsible at all times for the custody of their promotional codes/credit, assuming consequently the damages that may arise from the misuse of their passwords, as well as the transfer, disclosure or loss of them.
If a promotional code/credit does not function properly due to, but not limited to, fraud or technical errors, and affects the operation, administration, security or use of the promotional code, myReach reserves the right to cancel, modify or suspend the promotional code/credit.
Promotional codes/credits cannot be redeemed for cash.
In the event that myReach detects that the registered user has marketed its promotional code/credit and / or made actions contrary to its use myReach reserves the right to cancel the code/credit.

Sending receipts and invoices

The User knows and accepts that myReach provide their receipts and / or invoices in your user account. However, the User may request at any time that the receipts and / or invoices are sent on paper, for which you must send your request to chris@rea.ch

Right of withdrawal

The User understands, acknowledges and agrees that, once the Agreement with myReach for the provision of Paid Services (i.e., acceptance of the Agreement and the Specific Conditions), lose any right of withdrawal on the provision of Paid Services and therefore may not withdraw from it under the law in force to have started the execution of the service.
By accepting these Specific Conditions, the User acknowledges that he/she is aware of the loss of this right of withdrawal.
If the User accesses the trial period of the Paid Services, he/she accepts that the right of withdrawal of the Paid Services for which he/she receives a Trial ends seven (7) days after the trial begins. If you do not cancel the paid Subscription before the end of the trial, you will lose your right of withdrawal and you authorize myReach to automatically charge you the agreed price according to the established Billing Period until you cancel the Paid Services in accordance with the provisions of this clause.

Complaints, claims and requests for information

The user can direct their complaints, claims or requests for information to myReach, using any of the following ways:

By sending an e-mail to the following address: chris@rea.ch

myReach will respond to complaints received as soon as possible and in any case within a maximum period of one month from the submission of the complaint.

prevalence
These Particular Conditions shall prevail over the provisions of other parts of the Agreement when applicable.

7. Grant of License and License Restrictions

Reach grants the User a limited, revocable, non-exclusive, and non-transferable right to use the MYREACH APP solely for the purpose of using the services described herein (hereinafter, referred to as the “License”).

User may access and use the MYREACH APP on just ONE (1) personal account per User, subject to these terms for as long as the User is a myReach User.

Except as expressly set out in this Agreement or as permitted by any applicable local law, You agree to the following:

Not to make or distribute copies of the MYREACH APP;
Not to rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the MYREACH APP;
Not to make any alterations to, or modifications of, the whole or any part of the MYREACH APP, or permit the MYREACH APP or any part of it to be combined with, or become incorporated in, any other program;
Not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or nay part of the MYREACH APP or attempt to do any such thing;
Not to provide or otherwise make available the MYREACH APP, in whole or in part, including object and source code, in any form to any person or third party without prior written consent from Reach;
Not to attempt to circumvent or bypass any security measures;
To comply with all technology control or export laws and regulations that apply to the technology used or supported by the MYREACH APP.

The terms of this Agreement apply to the MYREACH APP including any updates or supplements, which Reach may discretionally make available to the Users.

When the User use MYREACH APP, provides myReach with records such as files, content, messages, contacts, etc. These files will always belong to the User. This Agreement does not grant myReach any rights to them, except for the limited rights that allow it to provide the functionalities of the MYREACH APP.

By accepting the Specific conditions of this Agreement, the User authorises myReach to take actions such as storing the above types of information, backing them up or sharing them at the User’s request. The information uploaded to the MYREACH APP may be accessed and reviewed by myReach to properly provide the service included in the MYREACH APP. As a User, you grant myReach permission to perform these actions, and this permission extends to affiliates and trusted third parties with whom myReach works.

8. Account Responsibilities and Benefits

To use the MYREACH APP, the Users are required to register for an individual account. Accounts are nominal, and it is prohibited to share, disclose, or otherwise make available your account information to any other person or third party. The individual account of the User will not vary although the User accepts the Specific Conditions.

You are responsible for maintaining your account information secure at all times. This means that you are required to secure and not share or otherwise make available your user ID and/or password. If you suspect any unauthorized use of your account, please contact us immediately by sending an email to chris@rea.ch .

You agree that any action carried under your account are presumed to be carried out by You, and that logs may be used as proof in trial. You will ensure that all your account information (including any information that you provide in connection with your registration in myReach is, and continues to be, true and complete. Your account is designed to provide a place for you to access and manage your account information and obtain limited rights to use the MYREACH APP. Your account is designed to be accessible virtually anywhere, anytime via the web at www.myreach.io, and the App published and downloadable via the main marketplaces for mobile apps.

The MYREACH APP may include the following features: ability to upload and/or save documentation or information; and ability to access, search, and manage your uploaded documentation or information.

9. Authorized and Prohibited Use

This Agreement shall be conditioned on the User making a lawful use of the MYREACH APP. You warrant that you hold all rights and authorizations to the information that you upload into the MYREACH APP and that you have all rights and authorizations to access to all the Apps, software, operative systems that may be integrated with myReach.

It is strictly prohibited to upload any of the following information into the MYREACH APP:

Content that is considered illegal, that infringes the rights of any third parties (including but not limited to, intellectual property rights, data protection rights, image rights); and
Information which concerns a minor of age without the authorization of his tutor.

myReach may review User’s conduct and content for compliance with this Agreement. myReach is not responsible for the content that Users post or share through the use of MYREACH APP. If You believe that any content uploaded to the MYREACH APP is in violation of the law, please contact myReach at the following address: chris@rea.ch

Access to and/or use of the MYREACH APP is subject to the obligations expressed below, as well as to current legislation, morality, public order and this Agreement, and may not be used to carry out activities that are illicit, constitute a crime or infringe the rights and freedoms of third parties and/or violate any applicable legal regulations.

Therefore, the User undertakes to:

Not to use the contents located and published on the MYREACH APP for purposes or effects contrary to the law, morality and generally accepted good customs or public order;
Not to introduce or disseminate content or propaganda on the MYREACH APP of a racist, xenophobic, pornographic or terrorist nature or that violates human rights;
Not to introduce or disseminate on the MYREACH APP, data programmes (viruses and any other harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third-party Users of the Internet network;
Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties;
Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising;
Do not transmit unsolicited or unauthorised advertising, promotional material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) which have been exclusively designed for this purpose;
Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information;
Not to impersonate other Users by using their registration codes for the different services and/or contents of the MYREACH APP;
Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the intellectual and industrial property rights, patents, trademarks or copyrights of the owners of the MYREACH APP or third parties.
Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the secrecy of communications and personal data legislation.

The User agrees to hold harmless myReach against any possible claim, fine, penalty or sanction that may come forced to bear as a result of breach by the latter of any of the rules of use above, reserving, in addition, myReach the right to seek compensation for damages and damages that may apply.

Access to the contents of the MYREACH APP by Users is free and free of charge, provided that myReach does not limit access to specific content under user registration or payment, a fact that does not result in free access to the domain.

10. Confidentiality

myReach shall take all reasonable steps to ensure that any information that you provide via the MYREACH APP is kept confidential. However, the confidentiality of your use, or any information sent by You via the MYREACH APP cannot be fully guaranteed. Should you decide to upload any confidential or sensitive information through the MYREACH APP, you do so at your own risk and peril.

myReach shall not be responsible or liable for any harm, whether direct or indirect, caused to You or any other third party as a result of a breach of confidentiality in relation to your use of the MYREACH APP. By sending myReach information You grant to us an unrestricted, perpetual, irrevocable, and non-exclusive license to use that information for the purpose of enabling us to provide and improve our provision of the Services to you and other users.

You accept to keep confidential and refrain from disclosing any and all information to which you may gain access in the course of your participation in the MYREACH APP, without the prior written consent of myReach. This may include, but is not limited to, any information related to myReach, the MYREACH APP, or its testing. Further, You agree to implement all reasonable measures to keep such information confidential, and shall inform myReach immediately should you become aware that any third party gains access to any confidential information.

Should you detect any security vulnerabilities related to the MYREACH APP, you agree to keep this information confidential and to inform myReach immediately at cpayne@rea.ch

11. Technical Support and Access to Content

To provide MyReach services, the User needs to provide MyReach with things like files, content, messages, contacts, etc. This stuff is from the User and these T&Cs do not grant MyReach any rights over it, except for the limited access and storage rights necessary to provide the MYREACH APP services.

By accepting the T&Cs the User agrees that MyReach shall provide with a service that is adequate and in accordance with the User expectations. To this extend, on certain occasions, MyReach and its technical support will have to access the User’s account and its content for the sole purpose of repairing and restoring the MYREACH APP service to the appropriate level for its correct usability, considering the problems reported by the User. This access will be used as a last resort to solve identified problems and to provide adequate support once other options for support have been exhausted. User grants permission to perform these actions limited to exclusive troubleshooting purposes and with no permission to MyReach to process personal data, or other client information, without User express prior consent as User.

12. Copyright And Intellectual Property Rights

The MYREACH APP is protected by copyright laws and international copyright treaties, and you acknowledge that all intellectual property rights in the MYREACH APP belong exclusively to Reach. Such rights protect the software, object code, source code, associated media and images, user manuals, support documentation, trademarks, designs and any other element protected by intellectual property rights including, but not limited to, any information related with the performance, profiling, functionalities, improvements, errors, features of the MYREACH APP, and any other additional information generated, obtained, or produced as a result of User’s use of such MYREACH APP.

The MYREACH APP is licensed for a limited period of time, not sold. Furthermore, this Agreement does not grant to you any rights in connection with any trademarks or service marks of Reach. Reach reserves all intellectual property rights, including copyrights, and trademark rights.

The MYREACH APP contains the following components which are subject to third parties open-source licensing conditions:

Name of License

MIT

CC-BY 4.0

ISC

Apache 2.0

OFL 1.1

BSD 2-Clause

Artistic 2.0

Link to License Conditions

https://opensource.org/licenses/mit-license.php

https://creativecommons.org/licenses/by/4.0/legalcode

https://opensource.org/licenses/ISC

http://www.apache.org/licenses/LICENSE-2.0

https://scripts.sil.org/cms/scripts/page.php?item_id=OFL_web

https://opensource.org/licenses/BSD-2-Clause

https://www.perlfoundation.org/artistic-license-20.html

The MYREACH APP complies with such third parties open-source licensing conditions. Additionally, such open-source licensing conditions do not limit or prevent Reach to grant the license rights established in Clause 3 (“Grant of License and License Restrictions”) of this Agreement.

13. Data Protection

In the context of your participation in the MYREACH APP, myReach will process your personal data as data controller according to its Privacy Policy. The Reach Privacy Policy sets forth: (i) how Reach may collect, use, store and process your personal information; and (ii) how you may request the exercise of your personal data processing rights.
The full Privacy Policy can be found here.

By using the MYREACH APP, you accept MyReach use of your personal data as described in the Privacy Policy.

In the event that You decide to upload and/or store any information or documentation on the MYREACH APP which includes personal data, the following terms shall apply to such processing:

myReach shall act as data processor (hereinafter, referred to as the “Data Processor”) and You shall act as data controller (hereinafter, referred to as the “Data Controller”), as is defined by applicable personal data protection legislation.
The personal data will be processed for the purpose of managing the information that you upload and/or store on the MYREACH APP.
The duration of the processing shall be effective for the duration of this Agreement.
The type of personal data processed concern are those included in the documentation uploaded and/or stored by the end users. This may include personal characteristics data; social circumstances data; academic and professional data; details of employment data; commercial information data; economic, financial and insurance data; transaction of goods and services data; special categories of data; and/or images.
The categories of data subjects whose data will be processed by the Data Processor shall be any individual included in the documentation uploaded by the Data Controller.
The Data Processor undertakes to fulfil the following obligations:
- To process the personal data only to carry out the provision of the contracted Services, in accordance with the instructions given in writing, at any time, by the Data Controller (unless there is a law that requires complementary processing, in such case, the Data Processor will inform the Data Controller of that legal requirement prior to the processing, unless the Law prohibits it on public interest grounds).
- To maintain the duty of secrecy with respect to the personal data to which he has access, even after the termination of the contractual relationship, and to ensure that his dependants have committed in writing to maintain the confidentiality of the personal data processed.
- To implement adequate technical and organizational measures as is required by applicable data protection legislation.
- To keep under his control and custody the personal data to which he has access in relation with the provision of the Service, and to not disclose them, neither transfer or otherwise communicate them, not even for their preservation, to persons unrelated with the provision of the Service covered by this Agreement.
- However, the Data Controller hereby consents and authorises Data Processor to engage the sub-processors listed in the following link: here. In any case, access to the data made by natural persons who render their services to the Data Processor, acting within the organizational framework of the latter by virtue of a commercial and non-labour relationship, is authorized. In addition, access to the data is granted to companies and professionals that the Data Processor has hired in his internal organizational framework to provide general or maintenance services (computer services, consulting, audits, etc.), as long as such tasks have not been arranged by the Data Processor with the purpose of subcontracting with a third party all or part of the Services provided to the Data Controller. The Data Processor shall inform the Data Controller of any change envisaged in the incorporation or substitution of the Subcontractors, giving thus the Data Controller the opportunity to object to such changes. In the event that the Subcontractor provides services from countries that do not have data protection regulations equivalent to the European (“Third Countries”), the Data Processor undertakes to inform the Data Controller of said circumstance and to establish as many safeguards as are required by European regulations for the protection of personal data regarding international transfers of data to Third Countries.
- To delete or return to the Data Controller, at the latter’s choice, all personal data to which the Data Processor has had access to provide the Service. Likewise, the Data Processor undertakes to delete the existing copies, unless there is a legal rule that requires the preservation of the personal data. However, the Data Processor may keep the data, duly blocked, regarding the responsibilities that could stem from his relation with Data Controller.
- To notify the Data Controller, without undue delay, of any personal data security breaches of which it is aware, giving support to the Data Controller in the notification to the Spanish Data Protection Agency or other competent Control Authority and, if applicable, to the interested parties of the security breaches that occur, as well as to provide support, when necessary, in the carrying-out of privacy impact assessments and in the prior consultation to the Spanish Data Protection Agency, where appropriate, as well as to assist the Data Controller so he can fulfil the obligation of responding the requests to exercise certain rights.
- To cooperate with the competent Data Protection Agency or with other Control Authority, at its request, in the fulfilment of its power.
- To make available to the Data Controller all information necessary to demonstrate the fulfilment of the obligations established under this Agreement, as well as to allow and contribute to the performance of audits, including inspections, by the Data Controller or by a third party authorized by him. The aforementioned information shall be considered as confidential information.

14. Term And Termination

This Agreement shall enter into force on the date of its acceptance and shall remain in force indefinitely, unless any of the following clauses are executed.

Either Party may terminate this Agreement at any time, for any reason or no reason, upon written notice to the other Party.

Notwithstanding the previous paragraphs of this Clause, myReach shall have the right to automatically terminate this Agreement, at its own discretion, without providing prior written notice upon any breach by You of any of your obligations hereunder. Your breach of any of your obligations under the Agreement shall result in the immediate termination of this Agreement and rights to use the MYREACH APP.

In the event established in the previous paragraphs of this Clause, the data stored in your user account will be returned to You at your request.

You will have a period of 30 days from the termination of this Agreement to request myReach the return of all the information stored in the MYREACH APP. After such period, the information will be deleted.

At the termination of your Agreement with myReach you will be requested to delete definitely all the data stored in the MYREACH APP, make sure you download and get copy of the data you consider useful before accepting the definitive deletion of the data stored in the MYREACH APP. After such deletion you will not be able to recover any data.

Upon expiration or termination of this Agreement, the rights and licenses granted to User under this Agreement shall immediately terminate, and User shall immediately cease using the MYREACH APP. User shall also promptly return to Reach (or, at Reach’s request, destroy), all documentation in User’s possession or control that are proprietary to or contain confidential information of Reach.

The obligations of confidentiality as set out in Clause 10 (“Confidentiality”) of this Agreement shall survive the termination of this Agreement for an indefinite period of time.

Reach shall have the right to suspend Your access to the MYREACH APP or terminate this Agreement, at its own discretion, should there be any indication or suspicion of unlawful or prohibited use of the MYREACH APP.

15. Acknowledgement Of Embedded Third-Party Components

The MYREACH APP may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

16. Declaration of Conformity with the Service Provided

By accepting this Agreement, the User understands and accepts that he/she agrees to the services provided included those concerning to the specific Conditions.

The services provided are deemed to be in accordance with the Agreement provided that (i) they conform to the description made by us and possess the qualities that we have presented on the MYREACH APP or in the App, (ii) they are suitable for the uses to which services of the same type are ordinarily put, (iii) present the usual quality and performance of a service of the same type and of the trial version experienced by the User prior to the first payment, and (iv) taking into account that they are presented in web format, are supplied with the relevant and periodic updates that guarantee their correct access and
use indefinitely in time and taking into account the state of the art in terms of security and functionality.

Given that the services to be provided will be provided through a web browser of the User’s choice, the User is solely responsible for keeping the web browser updated, as well as computer plug-ins that are necessary to properly operate the services of myReach and that are beyond the responsibility of myReach.

The User may express non-conformity with the services provided only during the period in which they are provided. To demonstrate non-conformity with the services provided by myReach, the User may require that these are brought into compliance by contacting myReach through the channels for customer service set out in this Agreement.

17. Liability

myReach shall not be liable for errors in access to the MYREACH APP or its contents, although it will make every effort to ensure that they do not occur.

Due to the complexity of technological environments, if and when unforeseen situations arise, myReach reserves the right to temporarily suspend, without prior notice, the accessibility of the MYREACH APP because of a possible need to perform maintenance, repair, upgrade or improve it. This suspension of the MYREACH APP’s services shall not entitle the User to any right to compensation. In this sense, the User agrees that myReach not be liable as a result of such actions, the elimination or failure in the provision of certain services or features of the MYREACH APP.

myReach will make every effort to limit any suspension or interruption of services. Therefore, myReach reserves the right to make any changes to the MYREACH APP without prior notice.

myReach is excluded from any liability for damages of any kind that may be due to the incorrect identity of the user and the lack of accuracy, validity and / or authenticity of the information you provide about yourself.

Also, myReach shall not be liable for any loss or damage you may suffer as a result of improper use of the MYREACH APP by the User, or if the User fails to comply with this Agreement.

18. Entire Agreement

This Agreement is a legal agreement and constitutes the complete and exclusive agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

19. No Waiver

Reach failure to enforce any provision of this Agreement shall not in any way be construed as a waiver of any such provision or prevent it thereafter from enforcing each and every provision of this Agreement.

20. Assignment And Severability

This Agreement is personal to the User. User shall not assign or otherwise transfer any rights or obligations under this Agreement.

If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

21. Modification of the Agreement

myReach reserves the right to modify at any time this Agreement, as well as any other general or specific conditions, rules of use, instructions or notices that may apply. Therefore, the User must read this Agreement in each and every time he/she accesses the MYREACH APP. Consequently, the User expressly and fully accepts that access to and use of the MYREACH APP takes place under his/her sole and exclusive responsibility.

22. Governing Law And Venue

This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland. Any claim or dispute arising in connection with this Agreement shall be resolved in the competent courts of Lausanne (Switzerland).

In the event that You might be considered as a consumer, the above governing law and venue shall not apply to You. In such a case, the governing law and venue shall be as established by consumer protection legislation.

Terms & Conditions

General Terms and Conditions of myReach

1. Definitions

2. Agreement Between myReach And The Client

3. Purpose

4. Client Registration Procedure

5. Unsubscription of a Registered User

6. Specific Conditions

Procedure and conditions for contracting services and/or subscriptions

Correction and identification of data entry errors

Price and payments

Trials

Sending receipts and invoices

Right of withdrawal

Complaints, claims and requests for information

7. Grant of License and License Restrictions

8. Account Responsibilities and Benefits

9. Authorized and Prohibited Use

10. Confidentiality

11. Technical Support and Access to Content

12. Copyright And Intellectual Property Rights

Name of License

Link to License Conditions

13. Data Protection

14. Term And Termination

15. Acknowledgement Of Embedded Third-Party Components

16. Declaration of Conformity with the Service Provided

17. Liability

18. Entire Agreement

19. No Waiver

20. Assignment And Severability

21. Modification of the Agreement

22. Governing Law And Venue

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Integrations

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