TERMS AND CONDITIONS

The current website is the property of NovoExpat (hereinafter referred to as the "Provider"). The contact email for the company is [email protected].

These terms and conditions regulate the service provided by the Provider, which offers cost of living information and calculations via the website www.novoexpat.com (hereinafter referred to as the "Service" or "Website").

1. SUBJECT MATTER OF THE TERMS AND CONDITIONS

1.1. The Provider provides the Service, which includes an internet platform for:

1.1.1. Comparison of the cost of living in different cities and locations, available free of charge (hereinafter referred to as "Cost of Living"),
1.1.2. Salary adjustment calculations based on cost of living differences in various cities and locations, offered for a fee (hereinafter referred to as "Salary Calculation").

1.2. These Terms and Conditions apply to both natural or legal persons acting in the course of business or independent professional activity (referred to as "Entrepreneurs") and consumers acting outside any business or professional activity (referred to as "Consumers").

1.3. These Terms and Conditions form an integral part of the contractual relationship from the start of the contractual process between the parties and apply to services provided for free or for a fee. By using the Service, you accept these Terms and Conditions without exception. If you disagree with any part, you must not use the Service.

2. REGISTRATION

2.1. The Services can be used without creating an account on the Service.

2.2. Users have the option to register and create an account on the Service. By creating an account, the User agrees to these Terms and Conditions by ticking the box "I have read and I agree with the Terms and Conditions".

2.3. To create an account, the User must provide an email address (which may also be used for communication between the Provider and the User) and a password to sign in to the account.

2.4. Upon successful registration and formation of the contract, the User will be notified via the email address provided during registration.

2.5. The Provider reserves the right to verify the User’s email and contact information.

2.6. All information provided in the account must be accurate and up-to-date. If any information changes, the User is required to update it promptly. The Provider is not liable for any damages resulting from inaccurate or outdated information provided by the User.

2.7. To access the account, the User must enter their login credentials. The User is required to:

2.7.1. protect their login credentials, and
2.7.2. prevent any unauthorized third-party access to their login credentials and account.

2.8. The User is responsible for any damages resulting from insufficient protection of login credentials or unauthorized account access. In case of suspected disclosure or misuse, the User should change their login credentials as soon as possible.

3. AGREEMENT

3.1. An agreement for the purchase of digital goods in the form of the Salary Calculation is concluded between the Parties through the following steps:

3.1.1. entering an email address,
3.1.2. selecting a preferred payment method,
3.1.3. ticking the box "I understand and agree to the Terms and Conditions of this purchase", and
3.1.4. clicking on the button "Buy"

(hereinafter referred to as the "Agreement").

3.2. The Agreement is available in English only.

3.4. Before concluding the Agreement, the User must provide accurate and truthful information. The Provider assumes all information provided in the Agreement to be accurate and true.

3.5. If an incorrect email address is provided, the User does not have the right to request the Salary Calculation to be sent to a different email address.

4. PRICE AND PAYMENT CONDITIONS

4.1. NovoExpat offers the Salary Calculation service for a payment of USD 50, with VAT and any additional fees included (hereinafter referred to as the "Price").

4.2. Upon payment via the selected payment method, the Salary Calculation will be delivered to the email address provided by the User during the Agreement process. The User acknowledges that they do not have the right to withdraw from the Agreement, as per Section 103.a) of the relevant consumer protection legislation.

5. RIGHTS AND OBLIGATIONS OF THE USER

5.1. The User agrees to use the Service solely in accordance with applicable laws and these Terms and Conditions. The Service is intended for personal use, and the User may not utilize it in any way beyond what is described in these Terms.

5.2. Specifically, the User agrees not to:

5.2.1. interfere with the rights of third parties or NovoExpat, either during use or as a result of using the Service,
5.2.2. attempt unauthorized access to the Service, or interfere with the software, hardware, source code, or documentation unless explicitly permitted,
5.2.3. use the Service in any manner that could damage or interfere with its operation,
5.2.4. modify, copy, or distribute any materials or information available on the Service,
5.2.5. use Service information or materials for commercial purposes or public display, unless expressly allowed,
5.2.6. attempt to decompile or reverse-engineer the Service or its software,
5.2.7. distribute Service materials to others or mirror content on other servers,
5.2.8. use automated means to access, scrape, or crawl Service content,
5.2.9. infringe upon any intellectual or industrial property rights of NovoExpat or third parties.

5.3. Users may contact NovoExpat at [email protected] to request a correction or refund due to errors or Service malfunctions. Requests will be individually evaluated, but refunds are not guaranteed.

5.4. Users may submit new entries to the price database used to provide the Service. Users must ensure that submitted data is accurate to the best of their knowledge. NovoExpat is not liable for verifying the accuracy of user-provided data.

5.5. Users are responsible for any damages incurred by NovoExpat as a result of breaching these Terms or applicable laws.

5.6. Users under the age of majority must have permission from a parent or legal guardian, who assumes responsibility for any issues arising from Service use.

5.7. NovoExpat reserves the right to suspend or terminate Service access if a User is suspected of violating laws or behaving in ways that may harm the Service’s functionality, image, credibility, or reputation.

6. RIGHTS AND OBLIGATIONS OF THE PROVIDER

6.1. NovoExpat will make reasonable efforts to keep the Service available and operational for Users. However, the User acknowledges that the Service may sometimes be unavailable, particularly during necessary maintenance of NovoExpat's hardware and software or the hardware and software of third-party providers.

6.2. NovoExpat is not liable for any damage or loss incurred by the User due to Service unavailability or malfunctions.

6.3. NovoExpat reserves the right to make changes to the content of the Website and the Service at any time, without prior notice. This may include adding or removing features or functions within the Website and its components.

6.4. NovoExpat is under no obligation to:

6.4.1. monitor or oversee the content stored on the Website,
6.4.2. actively investigate facts or circumstances suggesting that the content might be illegal.

6.5. The User understands that NovoExpat reserves the right to delete any data as directed by applicable law if it determines that such data violates legal regulations or these Terms and Conditions.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The Platform is considered an original work under the applicable intellectual property laws. All intellectual property rights related to the Platform are owned by NovoExpat. The User acknowledges that the rights to the database available on the Website belong to NovoExpat as the creator of the database and are protected by relevant legislation. Any infringement of database rights (such as copying its content, misuse of data, or unauthorized publication on personal sites) gives NovoExpat the right to seek remedies and claim damages.

Should NovoExpat provide a product or service in connection with its offerings that does not qualify as a copyrighted work but possesses characteristics of other legally protected intangible goods, the legal relationship between NovoExpat and the User shall be governed by the principles outlined in these Terms and Conditions.

7.2. NovoExpat grants the User a license to use the Platform "as is," available at that particular time on the Website (hereinafter referred to as the "License").

7.3. The License is granted:

7.3.1. on a non-exclusive basis,
7.3.2. at no charge for the Cost of Living and for a fee in the case of Salary Calculation,
7.3.3. for a maximum period of one year,
7.3.4. solely for personal, non-commercial purposes and in accordance with these Terms and Conditions,
7.3.5. on a worldwide basis.

7.4. The User is not permitted to grant a sublicense or assign the License to any third parties.

7.5. The User is not authorized to:

7.5.1. interfere with or modify the Platform in any manner,
7.5.2. link it to another work,
7.5.3. include it in a collective work,
7.5.4. complete an unfinished Platform (even by a third party), or
7.5.5. create copies of the Platform.

7.6. The User is not permitted to grant a sublicense for the Services or any part thereof to any third parties or assign the License to others.

7.7. In accordance with the purpose of the License, the User is not entitled to:

7.7.1. interfere with or modify the Services in any way,
7.7.2. reproduce, distribute, display, publish, or otherwise use the Services or any part thereof, including republishing on another website,
7.7.3. link it to another work,
7.7.4. include it in a collective work,
7.7.5. complete the unfinished Services (even by a third party).

7.8. The provisions governing the use of the Services shall similarly apply to other intangible properties made available by NovoExpat within the Service (particularly graphics, trademarks, etc.).

8. WARRANTY

8.1. The Services provided by NovoExpat contain information regarding the cost of living. This information is for informational purposes only and should not be construed as professional advice. NovoExpat does not offer any opinions or assurances regarding the accuracy or reliability of the information contained within the Services.

8.2. Users must not rely on the information in the Services as a substitute for relocation advice from a qualified professional. You acknowledge that certain aspects of interest may not be specifically addressed in the Services. For any specific inquiries related to relocation matters, you should consult a qualified professional.

8.3. While NovoExpat strives to provide reputable and accurate Services, it does not make any representations, warranties, or guarantees regarding:

8.3.1. the accuracy, correctness, completeness, truthfulness, and timeliness of the Services,
8.3.2. the accuracy, correctness, completeness, truthfulness, and timeliness of the data or information contained within the Services, which may be modified by Users,
8.3.3. any specific outcomes or results arising from the use of the Services.

9. LIABILITY

9.1. To the fullest extent permitted by applicable Spanish law, NovoExpat shall not be liable for any damages incurred by the User in connection with the use of the Services or the Website.

9.2. Specifically, NovoExpat is not obligated to compensate the User for damages arising from:

9.2.1. an inability to use the Services or the Website,
9.2.2. changes to these Terms and Conditions,
9.2.3. loss, theft, disclosure, or misuse of the User's login credentials,
9.2.4. using the Services in violation of these Terms and Conditions or applicable Spanish law,
9.2.5. the use of any services or products provided by third parties,
9.2.6. circumstances beyond the control of NovoExpat,
9.2.7. any event or series of events leading to loss of profits, income, revenue, anticipated savings, business opportunities, or goodwill.

9.3. The User acknowledges that NovoExpat only provides a Service for informational purposes regarding the cost of living and is not responsible for:

9.3.1. the accuracy, completeness, truthfulness, and timeliness of the information provided on the Website,
9.3.2. any liabilities arising from or related to the use of the Service,
9.3.3. the functionality of the User's data network, hardware, or software, or for any interference by third parties,
9.3.4. the content of external pages accessed via links on the Website.

9.4. Additionally, NovoExpat excludes any liability for damages resulting from:

9.4.1. errors or delays in access to the services due to issues entering data, Internet network problems, or unforeseen events beyond NovoExpat's control,
9.4.2. failures in communications, deletion or incomplete transmissions, which may affect the continuous operation of the Website,
9.4.3. errors or damages caused by the User's improper use of the Services,
9.4.4. non-functioning or issues with the email address provided by the User for receiving information.

In any event, NovoExpat commits to addressing any issues that arise and providing necessary support to the User to achieve a prompt and satisfactory resolution.

9.5. The User is responsible to NovoExpat for any damages, whether pecuniary or non-pecuniary, resulting from violations of the Agreement or these Terms and Conditions (e.g., infringement of intellectual property rights). Should the User violate any provision of the Agreement or these Terms and Conditions, the User agrees to compensate NovoExpat for all damages and lost profits, as well as any related costs incurred, including legal fees and travel expenses.

9.6. If NovoExpat is found liable to the User for any damages, such liability shall be limited to the maximum amount paid by the User for the Services.

10. LINKS TO OTHER WEBSITES

10.1. NovoExpat does not guarantee or assume any responsibility for damages incurred from accessing third-party services or content through links provided on our Website. We do not guarantee the accuracy or reliability of such content. The purpose of the links available on our Website is solely to inform users about additional sources of information on the Internet, where they may find further details related to the Services offered by NovoExpat. In no event shall we be responsible for the outcomes resulting from the use of these links or for any consequences arising from users' access to them. These third-party services are operated independently, and NovoExpat does not control their legality or quality. Therefore, users should exercise extreme caution when evaluating and utilizing the information and services provided by third parties.

10.2. It is expressly prohibited to create hyperlinks for commercial purposes on external websites that enable access to NovoExpat’s Website without our prior written consent. The presence of hyperlinks on non-affiliated websites does not imply any commercial or financial relationship between NovoExpat and the owners of those websites, nor does it indicate acceptance of any content from such websites by NovoExpat.

11. SUPPORT

11.1. Users are entitled to contact NovoExpat for assistance regarding the functionality of our Services, especially in cases where the Service is unavailable.

11.2. To reach NovoExpat, users can use the following email address: [email protected].

11.3. NovoExpat will respond to the User's inquiries through the same communication method used by the User to reach us.

12. CONFIDENTIAL INFORMATION

12.1. Users commit to maintaining confidentiality regarding any confidential information. This includes all information that constitutes a business secret of NovoExpat as well as information related to the mutual cooperation between the User and NovoExpat (collectively referred to as "Confidential Information").

12.2. All Confidential Information shall remain the exclusive property of NovoExpat. Users are expected to exercise the same level of care in protecting this information as they would for their own confidential data. Unless necessary for the purposes of mutual cooperation, Users agree not to disclose Confidential Information in any manner or to any third parties. Users also agree not to use the Confidential Information for any purpose other than for their collaboration with NovoExpat.

12.3. The obligations under this section shall remain in effect for 10 (ten) years after the termination of the relationship between the User and NovoExpat, regardless of the reason for termination.

13. PERSONAL DATA PROTECTION

13.1. Users and Guest Users acknowledge that any personal data may be processed in connection with the Services provided by NovoExpat. Detailed information regarding the processing of personal data can be found in our separate document titled "Privacy Policy and Information on Data Processing", available at https://www.novoexpat.com/privacy-policy.

13.2. Users are responsible for the accuracy of the data they provide. They may exercise their rights of access, deletion, rectification, objection, limitation of processing, and portability by contacting NovoExpat either at its registered address or via email at [email protected]. Users must verify their identity when making such requests. If necessary, users may also reach out to the relevant data protection authority.

13.3. NovoExpat is committed to maintaining the confidentiality of personal data and has implemented necessary measures to prevent alteration, loss, processing, or unauthorized access, considering the current state of technology at all times.

13.4. Furthermore, NovoExpat informs users that visiting this Website does not automatically collect any personal data that identifies a user. However, non-personal information that is not identifiable to a specific user may be collected during sessions via devices known as "cookies." This data helps us gather statistical information about website usage to improve our Services. All users should review our cookie policy for details on how we manage cookies on our site.

14. MUTUAL COMMUNICATION

14.1. All communications between Users and NovoExpat will occur through the Account interface or via the following contact details:

For communication with NovoExpat, please use the email address [email protected].
For communication with Users, please refer to the contact details provided within their Account.

14.2. All notifications between the parties regarding these Terms and Conditions must be made in writing and delivered to the other party. The written form requirement is satisfied even if the notification is made electronically through the Account interface or via the email address provided above.

14.3. If either party changes their address or representative, they must inform the other party no later than 1 (one) week after the change occurs. Users should update their contact details in the Account, while NovoExpat will update its details on the Website.

15. SUSPENSION OF THE PROVISION OF THE SERVICE

15.1. NovoExpat reserves the right to suspend the provision of the Service under the Contract at any time, even without cause. During this suspension, Users are prohibited from using the Service (even partially).

15.2. In the event of a suspension of the Service, NovoExpat will notify Users via email regarding the reason for the suspension and the expected duration. The suspension of Service provision does not affect the possibility of termination as outlined in Article 15 of these Terms and Conditions.

16. DURATION AND TERMINATION OF THE CONTRACT

16.1. The Contract is established for an indefinite duration.

16.2. NovoExpat reserves the right to terminate the Contract at any time by sending a written notice to the User's email address registered in their Account. The Contract will terminate on the date the notice is delivered to the User’s email.

16.3. NovoExpat may terminate the Contract, typically in the following situations where the User:

16.3.1. Violates these Terms and Conditions, or
16.3.2. Withdraws consent for the processing of personal data as outlined in these Terms and Conditions.

16.4. The User may terminate the Contract at any time by canceling their Account. The User can also request NovoExpat to cancel their Account, and it will be done without undue delay upon request.

16.5. The User acknowledges that they have no claims against NovoExpat related to the cancellation of the Account, except for those explicitly mentioned in these Terms and Conditions.

16.6. The User understands that they do not have the right to withdraw from the Contract as specified in Section 103.a) of the Royal Legislative Decree 1/2007, dated November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, as the Service has been fully executed.

16.7. Either party may terminate the Contract due to a material breach by the other party.

16.8. This article applies correspondingly to the contract regarding the use of the Review specified in paragraph 3.3 of these Terms and Conditions.

17. APPLICABLE LAW

17.1. The Contract is governed by the laws of Spain.

17.2. Any disputes arising between NovoExpat and the User or Guest User in connection with the Contract and the Service, including disputes regarding the alleged invalidity or ineffectiveness of the Contract, shall be resolved by the courts located in the User's domicile with local jurisdiction.

17.3. The Parties agree that the courts of NovoExpat shall have jurisdiction over any disputes arising from or related to the Contract, even if the User is the plaintiff in such proceedings. Additionally, for legal purposes, the European Commission has established a platform for out-of-court online dispute resolution, available at the following link: http://ec.europa.eu/consumers/odr/.

17.4. This article does not affect the rights of consumers arising from applicable laws.

18. FINAL PROVISIONS

18.1. The Contract may only be concluded in English.

18.2. NovoExpat will archive Contracts in electronic form. Access to these archived Contracts is strictly reserved for NovoExpat.

18.3. The User acknowledges that NovoExpat has the right to assign rights arising from these Terms and Conditions to third parties, in whole or in part. The User may not transfer, assign, pledge, or otherwise encumber their claims against NovoExpat without prior written consent from NovoExpat.

18.4. If any provision of these Terms and Conditions is found to be invalid or ineffective, or becomes invalid or ineffective, a provision closest in intent to the invalid provision will be substituted. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any amendments or additions to these Terms and Conditions must be made in writing.

18.5. The User is responsible for all costs associated with the means of distance communication (telephone or internet) incurred in fulfilling these Terms and Conditions.

18.6. NovoExpat reserves the right to update these Terms and Conditions at any time. Updates will be published on the Website, and the User will be notified of such updates via their registered email address associated with their Account.

18.7. As of the effective date of the new version of the Terms and Conditions, the prior version will no longer be in effect. The User has the right to reject any proposed additions or changes to the Terms and Conditions; in such cases, NovoExpat may terminate the Contract.

18.8. These Terms and Conditions will become valid and effective on November 16, 2022.