Conditions of contract

Section I – General Information

Art. 1. Entity responsible for the handling:

Contact details of the entity responsible: Anteco Systems S.L. (ANYTECH365),

CIF (Tax ID number): B93311710

Registered Office: Ctra. Nacional 340, km 189, Edif. Los Pinos 3, 29604, Marbella, Málaga, Spain

Telephone: +34 951 39 09 13

Data Protection Officer: dpo@anytech365.com

Registered in the mercantile registry of Málaga, (volume 5248, Folio 1, Sheet MA-122108)

ANTECO SYSTEMS, S.L., is the entity responsible for your data. (Hereafter “The Merchant”).

Art. 2. Supervisory Authorities:

Section II – Definitions

Art. 3. For these Terms of Service, the following terms shall have the meanings indicated below:

  • User / Visitor – Any individual or legal entity accessing, browsing, or otherwise using this Website.
  • Customer / Client – A User who has initiated contact with the Merchant for the purpose of requesting or receiving services.
  • Visitor – A natural person or a legal entity representative who has accessed the website by entering the domain in the browser or through a link on social networks.
  • Merchant – Anteco Systems S.L. the company operating this Website, in accordance with Spanish law, holds the exclusive copyright to it
  • Services – The IT support, security, consultancy, and related services presented on the Website. Detailed specifications are not included here; they can be found directly on the Website.
  • Agreement / Contract – A separate written or electronic contract concluded between the Merchant and the Customer following a request made via the Website or by other means.
  • Content – All materials available on the Website, including text, graphics, images, logos, software, and other resources.
  • Privacy Policy – The document governing the collection, use, and protection of personal data, available on the Website.
  • Request / Inquiry – An electronic or other communication sent by a User to the Merchant through the Website or by email, expressing an interest in receiving services.
  • Consumer – A natural person who acts outside their trade, business, craft, or profession when using the Website or contracting services.
  • Business Partner – Any natural or legal person cooperating with the Merchant in relation to the provision of services.
  • Malicious Acts – Any act or omission that violates applicable law, Internet ethics, or disrupts the proper functioning of the Website, including but not limited to hacking, sending spam, distributing viruses, or infringing third-party rights, dissemination of malware, viruses, or other malicious code.
  • Governing Law – Identifies the specific laws (e.g., Spanish law, EU law) applicable to interpreting and enforcing the agreement.
  • Website – a distinct global Internet network place accessible through its unified address (URL) by HTTP, HTTPS, or other standardized protocol and containing files, programs, text, sound, pictures, images, or other materials and resources.

Section III – Website Features

Art. 4. (1) The Website provides Users with:

  1. The possibility to submit inquiries, requests for information, or service proposals.
  2. Access to resources such as blog posts, news updates, and corporate materials.
  3. Means to contact the Merchant via contact form – https://anytech365.com/contact-us/
  4. Access to the Privacy Policy and information regarding data protection rights.
  5. General information about the Merchant services, business activities, and company details.

This website offers the following services to all visitors:

Service Plans – Includes recurring or one-time remote support and cybersecurity services, including but not limited to AnyTech365 TotalCare, AnyTech365 HomeOffice, AnyTech365 Gaming Optimization, and AnyTech365 SmallBusiness. The specific service plans available at any given time are published on the Website.

SECTION B – Software Products: Covers downloadable/installable software and related license terms, including but not limited to AnyTech365 IntelliGuard, AnyTech365 SafeBrowse, AnyTech365 Security, AnyTech365 SecureRouter, AnyTech365 VPN, AnyTech365 AntiScam, AnyTech365 SysCleaner, AnyTech365 DriverUpdater and other software solutions. The list of currently available software products is always maintained on the Website.

Third-Party Software

AnyTech365 products may include, rely on, or distribute software, services, or elements obtained from third parties, all of which are subject to their respective license terms (“Third-Party Software”). Users must expressly familiarize themselves with whether the products they use include such third-party software. In such cases, in addition to these Terms and Conditions, the governing end user license agreement (EULA) or terms of use of the third party shall apply and automatically become part of this agreement.

SECTION C – Hardware Sales

Applicable to any physical products sold directly to the customer:

  • AnyTech365 SecureRouter (device purchase)
  • Any future hardware devices

SECTION D – Other Non-Refundable Digital Software Products

  • The Customer has a 14-day statutory right to withdraw from distance contracts. However, for digital content supplied electronically and not provided on a tangible medium (for example: downloadable software, activation keys, licence keys, downloadable games, apps, or other files), that right of withdrawal does not apply once the supply has begun with the Customer’s prior express consent and the Customer has explicitly acknowledged that they thereby lose their right of withdrawal in accordance with Article 16(1)(m) of Directive 2011/83/EU. To rely on this exception, the Merchant must obtain and record the Customer’s express consent and acknowledgement before starting the supply; the Merchant will send confirmation of that consent and acknowledgement by e-mail (a durable medium). If consent and acknowledgement are not obtained before the supply begins, the 14-day withdrawal right remains available.
  • If the digital product proves to be defective or non-functional, you retain your statutory right to request a replacement or a refund.

(2) The Product includes a software agent in the Customer’s IT system, which provides data to the Client Portal. The Merchant hereby grants you a revocable, non-exclusive, non-transferable license to reproduce and use any Software provided as a result of the Product as specified in the Order Confirmation and any minor updates provided under this Agreement during the time for which you have paid the applicable Subscription Fee or, as applicable, the period of the time-limited free trial subscription, solely for your own internal use during the Subscription Period. Authorized use shall be limited to the intended use as reflected in the merchant’s publicly available marketing material, which may change from time to time. You shall not use the Product to provide services to any third parties who do not hold an individual license granted by The Merchant hereunder. The license is limited to the number of AnyTech365 Products licensed to you, as specified in the Merchant communication, regardless of the specific product name or version.

Art. 5. (1) For these Terms of Services, any visitor who has entered into a valid service contract with the Merchant is referred to as a Customer and has special rights and obligations.

(2) The Parties agree that all communications between them in connection with the conclusion and performance of the Contract may be made electronically, including by email, chat, or telephone.

(3) It shall be presumed until proven otherwise that the author of the electronic statements is the person indicated in the data submitted at the stage of the request for the conclusion of a contract or in subsequent communication with a representative of the Merchant.

Art. 6. By continuing to use this Website, you acknowledge and accept both these Terms and the Privacy Policy. These provisions outline the rights you are granted and the responsibilities you assume when interacting with the Website. The Merchant strongly advises that you review them carefully to understand your entitlements and obligations fully.

Art. 7. (1) The Merchant aims to provide clear, accessible, and user-friendly content across the Website so it can be easily used by a wide range of visitors, including those with disabilities. To this end, straightforward language, well-structured information, and intuitive navigation are employed.

(2) If any visitor requires additional assistance or wishes to access content in an alternative format, they are encouraged to reach out via the contact form (https://anytech365.com/contact-us/) or the details listed on the Website. The Merchant is committed to ensuring that all publicly available content complies with EU accessibility requirements, thereby promoting an inclusive and seamless user experience.

Section IV – Conclusion of Contract

Art. 8. By accepting the present contract, it is agreed that the Merchant will provide the services and/or delivery of goods contracted by The Customer, among those described on the Website or a separate written agreement, and The Customer will meet the charges described.

  1. Users may express interest in services by browsing the Website, submitting an inquiry form, sending an email, or contacting the Merchant directly.
  2. Following a User request, the Merchant may arrange an exploratory call or meeting to discuss the User’s needs.
  3. A legally binding contract for services shall only be concluded once a separate written agreement is signed by both parties.
  4. Until such a contract is signed, the Website and its content do not constitute a binding offer.
  5. The Subscription Fee and the dates of payment for the Product shall be as set out in the communication from The Merchant. The Subscription Fee is set in accordance with the prices on the basis of several individual and relevant Criteria which are expressed in the communication from The Merchant. Information about everything included in the price is listed exhaustively on the product page of each service/product on the Website.
  6. Payment is due upon purchase. Payment terms shall be due upon receipt of payment unless otherwise agreed between The Merchant and the Customer. All payments shall be made by payment card (including, but not limited to, Mastercard and Visa Debit) in the currency expressly specified on the relevant payment page at the time of purchase. All undisputed amounts remaining unpaid after the payment due date, and all disputed payments paid after the resolution of such dispute, shall bear interest from the original payment due date until the date such amounts are paid at the lower of (a) 0.8% per month and (b) the highest interest rate permitted by law.
  7. The Initial Subscription Fee shall be paid before providing access to the Product.
  8. The Merchant reserves the right to modify the price of its subscription. Any price change will be notified to subscribers by email at least 30 days before it takes effect. The new price will apply from the beginning of the next subscription period following the expiration of the 30-day notice period. If you do not agree to the price change, you have the right to reject it by terminating your paid Subscription before the new price becomes effective.

Art. 9. (1) The Merchant makes every effort to keep the information published on the Website accurate and up to date. However, occasional errors, omissions, or inaccuracies may occur. In such instances, the Merchant may correct the content accordingly, which could involve adjusting or, in rare cases, cancelling an inquiry if the error materially affected the order.

(2) Unless specifically required by law, the Merchant is not obliged to revise or update outdated information, including pricing, where no changes have taken place. Any date marked as “updated” or “refreshed” on the Website should not be interpreted as confirmation that all content is fully current.

Art. 10. (1) The Merchant retains the discretion to reject an inquiry or amend its terms, including price, if circumstances unique to the visitor require it. In such cases, the visitor will be informed via phone or email within five business days.

(2) Should the Merchant decide to move forward with the inquiry, a representative will contact the visitor to clarify the scope of services, specific project needs, expected timelines, and any other relevant matters.

(3) Once both sides agree to continue, the Merchant may prepare and share additional documents for the visitor’s review and signature. These may be delivered electronically, including by email, for convenience.

Art. 11. (1) Once a Visitor enters into a service contract with the Merchant, they shall be regarded as a “Customer” and shall enjoy the rights and assume the obligations defined herein.

(2) The parties agree that communication regarding the negotiation, execution, or performance of the contract may take place electronically via email or telephone. Unless there is clear proof to the contrary, any email correspondence will be deemed to have been sent by the individual whose contact information was provided.

Art. 12. These Terms of Services govern all relationships between the Merchant and visitors of the Website. In cases where the parties enter into a separate written agreement, that agreement may override or amend specific sections of these Terms to reflect the arrangements made.

Art. 13. (1) In accordance with applicable EU consumer protection laws, you have the right to withdraw from your purchase within 14 days from the date of conclusion of the contract. However, this right of withdrawal does not apply to the supply of digital content (including downloadable software, activation keys, and digital licenses) which is not supplied on a tangible medium, if the performance has begun with your prior express consent and with your acknowledgment that you thereby lose your right of withdrawal. By confirming your purchase and activating or downloading the digital content, you expressly agree and acknowledge that your right of withdrawal is waived once the delivery of the digital content has started.

(2) Without prejudice to the waiver of the statutory right of withdrawal described above, the Merchant provides a voluntary 30-day money-back guarantee for software products. The consumer may request a full refund within 30 days from the date of purchase, provided the software has not been misused, transferred, or used in violation of these Terms. This commercial guarantee does not affect any statutory rights of the consumer under applicable law.

Art. 14. (1) Your subscription will be automatically renewed at the end of each subscription period (monthly, yearly, as applicable) at the prevailing Subscription Fee and on the same terms, unless you explicitly cancel the subscription before the renewal date.

(2) If you do not agree to the renewal, you may cancel the subscription at any time before the renewal takes effect, free of charge and without any penalties.

(3) You can terminate the subscription via:

1) sending an email to dpo@anytech365.com at least 30 days before the renewal date, or

2) by contacting us on the designated contact point on the website, or

3) account dashboard, where such functionality is available (using a prominently labelled “Cancel Subscription” button), without prejudice to the availability of the other termination methods listed in this clause.

A confirmation of termination will be sent to you immediately by email, specifying the termination date.

(4) If your subscription has a fixed initial term (e.g., 6 or 12 months), it may automatically renew for the same period thereafter. Any renewal term will also follow the advance notice and cancellation rights described above.

(5) Any changes to the Subscription Fee for renewals will be included in an advance renewal notification so you can make an informed decision.

Section V – Rights and Obligations

Art. 15. The Merchant shall have the following rights:

  1. To manage, administer, and modify the website’s content, structure, and functionality, including, but not limited to, adding, updating, or removing information and services.
  2. To refuse service provision if incorrect or misleading data has been provided.
  3. To keep records of the behaviour and contract request history of all visitors.
  4. То send commercial communications (including information, promotions, advertisements, or surveys) to Visitors and Customers only if they have provided their prior explicit consent (opt-in) in accordance with applicable data protection and electronic communications laws. Consent may be withdrawn at any time, free of charge, by using the unsubscribe link included in each message or by contacting the Merchant directly.
  5. To change the content of individual services, including the essential conditions under which it provides them.
  6. To suspend the performance of the contract if it finds that materially false information has been provided at its conclusion. Before suspending performance, the Merchant shall notify the Customer in writing (including by email) specifying the alleged misrepresentation and requested remedial action. The Customer shall have a reasonable period of not less than 7 and up to 14 days from receipt of the notice to respond, explain, or correct the issue. The Merchant will consider any response in good faith. The Merchant may impose a temporary and proportionate suspension during the cure period only where continued performance would (a) violate law or third-party rights, (b) create a credible risk of fraud/abuse, or (c) pose security/operational risk. Any suspension shall be limited to the minimum necessary scope and duration. Before any final termination, the Customer has the right to appeal in writing the suspension or the intended termination within the cure period. Termination shall not take effect until the appeal is reviewed, and a reasoned written decision is provided, except where immediate termination is required by law. If (i) the Customer fails to remedy within the cure period and (ii) any appeal is denied, the Merchant may terminate the contract in accordance with the termination provisions. Where intentional fraud makes continuation impossible or unlawful, the Merchant may terminate with immediate effect, subject to providing written reasons and the appeal process above to the extent permitted by law. Nothing in this clause limits the Customer’s statutory rights, including access to regulators, ADR mechanisms, or courts.
    6.1 “Materially false information” means information that is untrue or misleading, concerns essential facts (e.g. identity, eligibility, billing and payment details, tax/VAT status, legal authorizations, intended use), and was provided intentionally (or with gross negligence) in a way that induced the Merchant to enter into the contract or to provide the Product on terms it otherwise would not have accepted. Purely technical/clerical errors or omissions that do not materially affect the contract do not qualify.
  7. To promote its work and its results on social networks and its website, unless the Customer expressly states otherwise.

Art. 16. The Merchant has the following obligations

  1. To maintain the website and ensure its availability to users, except in technical maintenance, force majeure, or other objective circumstances.
  2. Upon entering into a contract with a Customer to perform the requested services, following the agreed quantity and quality.
  3. In the event of inability to perform the Contract, to notify the Customer within a reasonable time, but at most five working days from discovering that fact.
  4. To provide accurate and up-to-date information about its services.
  5. To reply to User inquiries within a reasonable timeframe.
  6. To process personal data lawfully and protect it in accordance with the Privacy Policy.
  7. To suspend or limit access to the Website in cases of misuse or malicious acts.
  8. To modify the content or functionalities of the Website. The Merchant may make reasonable modifications to the content or functionalities of the Website where such changes are necessary for technical, security, legal, or regulatory reasons, or to improve the quality and usability of the service. Customers shall be notified in advance of any material changes that significantly affect the use of the Website or their contractual rights. In such cases, Customers who do not accept the changes shall have the right to terminate the contract without penalty before the changes take effect.

Art. 17. Following the contract concluded between the parties, the Visitor, respectively, the Customer has the right:

  1. To request additional information about services offered.
  2. To make requests to enter into a contract by contacting an employee of the Merchant or requesting services through the Website.
  3. To request rectification, erasure, or restriction of the processing of personal data following applicable law.
  4. To request that the Merchant correct, at its own cost, any deficiencies or faults that arise due to poor or inadequate performance of its services.
  5. To make use of the Website and its available features for personal, non-commercial purposes, provided such use complies with these Terms of Service.

Art. 18. (1) Users shall:

  1. Provide accurate and complete data when submitting inquiries.
  2. Refrain from disrupting the Website’s functioning or infringing third-party rights.
  3. Respect the intellectual property rights of the Merchant and third parties.
  4. Use the Website lawfully and in good faith.
  5. Pay the price of the requested services/ products as instructed by the Merchant.
  6. Not publish or distribute misleading, obscene, or deceptive information that may damage The Merchant’s or third parties’ reputation.
  7. Not duplicate, modify, reproduce, or disseminate the information on this website for purposes other than personal and non-commercial, as well as distribution on social networks or platforms, without the Merchant’s express prior written approval.
  8. Not infringe the Merchant’s and other visitors’ lawful interests by malevolent acts or omissions.
  9. Do not attempt to gain unauthorized access to the servers, databases, or other technical resources maintained by The Merchant.

(2) Including, but not limited to, you agree not to assign, sell, rent, lease, sublicense, loan, transfer, resell or distribute the Product to any third party or use the Product on behalf of any third party unless otherwise agreed in writing by The Merchant in its sole discretion. Including, but not limited to, you agree not to copy the Product, in whole or in part. Including, but not limited to, you agree not to modify, obscure, or remove any proprietary rights notices contained in the Product or documentation and agree to include such notices on all copies. You may not modify the Product, make derivative works based on the Product, or merge the Product with any other computer program. Including, but not limited to, you agree not to reverse engineer, disassemble or decompile the Product, in whole or in part, or attempt to derive its source code, except solely to the extent that applicable law specifically prohibits such restrictions (such as under sec. 100.5.e of the Spanish Copyright Act, provided that you shall first ask us to provide the necessary information, shall set a reasonable deadline for us to do so, and such deadline has passed without us having provided such information). You agree to use the Product in accordance with all applicable laws and regulations, including but not limited to applicable export control laws and regulations of the United States and other jurisdictions.

Section VI – Intellectual and Industrial Property

Art. 19. (1) All Website content, including but not limited to patents, copyrights, trademarks, trade secrets, documents, copyrights, data bases, texts, designs, logos, images, graphics, and software, is the intellectual or and industrial property of The Merchant or its partners and/or its licensors, as the case may be, automatically and immediately upon creation. Unauthorized reproduction, distribution, or use for commercial purposes without prior written consent is strictly prohibited.

(2) Information acquired from a third party may be subject to proprietary rights of that third party.

Section VII – Data Protection

Art. 20. (1) The Merchant shall take appropriate measures to protect the personal data of the Visitor in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR), as well as any other applicable data protection and privacy laws in the jurisdiction where the Visitor is located. The Merchant processes personal data of Visitors on the legal grounds provided in Art. 6, para. 1, letter (b) GDPR – where processing is necessary for the performance of a contract to which the Visitor is a party, or based on Art. 6, para. 1, letter (a) GDPR – where the Visitor has given explicit consent.

(2) The Merchant has made public the information concerning the personal data it processes and the purposes for which they are processed, and all information required under GDPR and any other applicable data protection and privacy legislation. This information is accessible on the relevant page of the website.

(3) The Merchant shall process third parties’ personal data for dealership purposes only with their explicit consent, which they may withdraw at any time.

(4) Any interested person may familiarize themselves in detail with the personal data processed by the Merchant, the purposes for which they are processed, and all the information required under applicable law in the Privacy Policy.

(5) To ensure the security of personal data, the Merchant may require additional information to confirm the identity of persons who wish to exercise their rights as data subjects.

(6) The Merchant shall process personal data for direct marketing purposes only with explicit consent, which may be withdrawn at any time.

(7) In the event of a suspected breach of personal data security, the Merchant shall undertake the necessary actions to limit the negative consequences and notify the competent authorities and the persons concerned if the relevant prerequisites for this exist.

(8) If personal data needs to be provided to third-party processors, the Merchant shall ensure that the relevant data processing agreements are concluded, and adequate protection measures are applied.

Section VIII – Limitation of Liability

Art. 21. (1) The Merchant shall not be liable for any damage, injury, or loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, temporary interruptions of access to the Website or technical errors not directly attributable to it, except for intentional acts or gross negligence, however arising, that result from:

  1. The use, disclosure, or display of the User’s Customer Data
  2. The User’s use or inability to use the Service
  3. Any modification, price change, suspension, interruption, cessation of transmission, or discontinuance of the Service
  4. The Service generally, or the software or systems that make the Service available
  5. Unauthorized access to or alterations of the User’s transmissions or data
  6. Statements or conduct of any third party on the Service
  7. Any other user interactions that you input or receive through your use of the Service
  8. Hacking, tampering, or other unauthorized access or use of the Service or the User’s account(s) or the information contained therein
  9. Errors, mistakes, or inaccuracies of data
  10. Personal injury or property damage, of any nature whatsoever, resulting from The User’s and other authorized users’ access to and use of the Service or support
  11. Any other matter relating to the Service.
  12. The content of advertising materials, banners, or links published on social media or for any inaccuracies, errors, or omissions in these advertising messages. Any such material is provided for information and does not constitute an obligation or promise by the Merchant.
  13. The loss and futile expenses (jointly the “Damages”) caused without any negligence or intent on The Merchant
  14. Damages caused by the breach of a non-material contractual obligation caused with only slight negligence.
  15. Where the Product is provided free of charge, the Merchant shall not be liable for damages resulting from slight negligence.

Art. 22. (1) The Merchant shall not be liable for material and/or non-material damages suffered by the User or others due to the inability to use the website unless it is proven that this is due to gross negligence or intentional act on the part of the Merchant.

(2) The liability under par. 1 also covers cases related to the failure of electronic devices, including, but not limited to, computer equipment, software, data, or other resources of the User, resulting from viruses, malware, or other similar technical problems related to viewing the website or downloading materials from it

(3) The Merchant shall not be liable for third-party content accessible via external links.

Art. 23. The Merchant’s liability is limited, regardless of whether prior notice of the possibility of such damages has been given, and even if any remedy described in these Terms is deemed to have failed its essential purpose. No responsibility shall arise for failures or delays caused by circumstances beyond reasonable control. In all cases, liability is restricted solely to situations involving intentional misconduct or gross negligence on the part of the Merchant.

Art. 24. The Merchant shall be liable for:

  1. Failing to comply with its obligations to process data under the data protection principles and for failing to ensure data protection.
  2. Ensuring that all third-party materials, content, or developments used are lawfully licensed or authorized, and that no intellectual property is incorporated without the necessary permissions.
  3. Delivering services in line with the agreed standards of quality and quantity, and assuming full responsibility to remedy any shortcomings where the services do not correspond to the description, expected quality, or contractual commitments.
  4. Refraining from the use of content, designs, or other works that infringe upon the intellectual or industrial property rights of others, including but not limited to trademarks, patents, copyrights, and related rights.
  5. Avoiding intentional or negligent actions that could violate the lawful rights of Users or Customers, such as breaches of privacy, unauthorized disclosure of personal data, or conduct that undermines security and trust.
  6. Guaranteeing that all services and products comply with applicable legal and regulatory requirements, and accepting liability for taking corrective actions and bearing any consequences of non-compliance.
  7. Quality of services offered by The Merchant.
  8. Fulfilling its obligations under these Terms.

Section IX – License and Subscription Transfer

Art. 25. (1) Unless expressly agreed otherwise in writing, all software licenses provided by The Merchant (e.g. AnyTech365 IntelliGuard) are non-transferable. You may not assign, sell, sublicense, loan, transfer, or otherwise make the software available to third parties. This applies to software provided under these Terms or any End User License Agreement (EULA).

(2) Notwithstanding the above, certain subscription-based services (e.g., AnyTech365 TotalCare) may be transferred from one device to another, provided that:

a) The transfer is for your own use and not for resale or assignment to third parties.

b) You notify The Merchant in writing (e.g., via the customer portal or support email) that you wish to transfer the subscription, indicating the device from which the subscription is being removed and the new device onto which it will be activated.

c) The Merchant reserves the right to verify the validity of such a request and may impose reasonable conditions or limits (e.g., maximum number of transfers per subscription period).

(3) The Merchant reserves the right to reject or delay any transfer request if it suspects misuse, duplication, or non-compliance with these conditions. In such cases, the Merchant will notify you in writing and may offer alternative solutions.

(4) Neither the license nor the subscription may be transferred or assigned to another person or entity, except as explicitly permitted by The Merchant in writing.

Section X – Amendments

Art. 26. (1) The Merchant reserves the right to amend or supplement these Terms of Services at any time.

(2) Amendments become effective when published on the Website unless otherwise provided. Users will be deemed to have accepted the updated Terms if they continue to use the Website after publication.

(3) The Merchant will communicate updates or modifications using all appropriate channels, including official social media profiles and e-mail.

(4) Users who do not accept the amended Terms may stop using the Website at any time.

Art. 27. Any amendments shall become binding on Users once any of the following occurs:

  1. The User receives notice of the change from the Merchant and does not object within 14 days.
  2. Fourteen (14) days have passed since the updated Terms were posted on the Website, and no objection has been submitted.
  3. The User carries out a clear, affirmative action on the Website that indicates acceptance of the revised Terms.

Art. 28. (1) These Terms of Services and the Visitor’s contract with the Merchant are terminated in the following cases:

  1. Upon termination, liquidation or bankruptcy of the Merchant.
  2. By mutual agreement of the parties in writing.
  3. A material breach of these terms of service.
  4. In the event of the objective impossibility of either party to the contract to perform its obligations.
  5. In case of seizure or sealing of the equipment by government authorities.
  6. If new regulations or legislation by public authorities or other entities require The Merchant to make changes to the Product or its services, or in case of changes due to an imminent danger, The Merchant may terminate this Agreement without prior notice.

(2) If the Customer is in breach of this Agreement (including failure to pay fees), the Merchant has the right to temporarily disable the Customer’s access to the Product until such breach is resolved, provided that the Merchant notifies the Customer in writing of the details of such breach. The Customer shall be given a reasonable period of no less than 14 days to remedy the breach. Subscription fees may continue to accrue during the suspension period, but only up to the end of the then-current billing cycle, unless the breach is remedied within that period and access is restored. If the breach is not remedied within the specified period, the Merchant may terminate the Agreement in accordance with the applicable termination provisions.

Section XI – Governing Law and Dispute Resolution

Art. 29 (1) All disputes between the parties shall be settled in a spirit of understanding and goodwill. If no agreement is reached, the court of competent jurisdiction shall settle all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance, or termination.

(2) This Agreement and any disputes or claims arising from or related to your use of the Website and Services shall be governed by the laws of Spain, without regard to its conflict of law provisions. Any legal proceedings arising out of this Agreement shall be exclusively brought in the exclusive jurisdiction and venue of the courts located in the city of Málaga, Spain, and you, as a result, you submit to the jurisdiction of such courts.

Section XII – Miscellaneous

Art. 30. If any provision of these Terms is held invalid, the remaining provisions shall remain in effect.

Art. 31. (1) The Merchant guarantees that all software and digital products provided are original, lawful, and duly licensed. No pirated, unauthorized, or unlicensed software will be offered. Customers are granted a limited, non-transferable license to use the software in accordance with the applicable end-user license terms.

(2) Services shall be provided in accordance with the descriptions, features, and timelines indicated on the corresponding product page at the time of purchase. Customers are required to carefully review the scope and limitations of each service package before completing their purchase.

(3) If the Customer has any doubts or requires clarification about whether a particular feature or service is included in the selected package, the Customer must contact the Merchant before purchasing. The Merchant shall not be responsible for misunderstandings arising from failure to request such clarifications.

(4) The Merchant provides technical support for the purchased services and software during the subscription or warranty period as described on the product page or support documentation. Support may include remote assistance, updates, troubleshooting, or guidance, as applicable.

(5) Technical support does not include hardware repair, third-party software, or services not expressly stated as included in the purchased package. Any additional support may be offered separately under specific terms and pricing.

Art. 32. The customer reviews published on AnyTech365 Website are primarily sourced from Google Reviews. These reviews are collected and displayed through Google’s own platform and systems, and The Merchant does not alter their content.

(2) Тhe Merchant do not publish paid or fake reviews. Negative reviews are displayed under the same conditions as positive reviews.

(3) If the Merchant displays any testimonials collected directly by The Merchant, they are published only from verified customers who have purchased or used our services.

Art. 33. (1) The Services offered by The Merchant are intended for individuals who are at least 18 years old. By creating an account, purchasing a subscription, or using the Services, you confirm that you meet this age requirement. Minors are not eligible to use the Site, and they are requested not to submit any personal information. If The Merchant discovers that a minor is using the Services without proper consent, The Merchant may suspend or terminate access to the Services immediately.

Art. 34. The Merchant makes its Services available worldwide, unless applicable law, international sanctions, or technical limitations beyond our control restrict access or use. While The Merchant does not apply unjustified geo-blocking and ensures equal access to Customers across all EU Member States in accordance with Regulation (EU) 2018/302, the availability of certain features or payment methods may vary depending on the Customer’s country of residence. Customers are responsible for ensuring that the use of our Services complies with the laws and regulations of their jurisdiction.

Art. 35. For corporate Customers or those requiring multiple licenses, special conditions and pricing may apply. Such arrangements are available only upon direct contact with The Merchant.

Art. 36. The Merchant Services may include integrations with, or access to, software, APIs, or services provided by third parties. The Merchant does not control and is not responsible for the availability, functionality, quality, or security of such third-party services. The use of third-party integrations is subject to the terms and conditions and privacy policies of the respective providers. The Merchant shall not be held liable for interruptions, errors, data loss, or damages arising from or related to third-party integrations or services.

Art. 37. (1) The Merchant is a member of Confianza Online (Non-profit association), registered in the Spanish National Registry of Associations Group 1, Section 1, national number 594400, CIF (Tax ID) G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (http://www.confianzaonline.es).

(2) In compliance with the provisions of the Alternative Dispute Resolution Law, Тhe Merchant inform consumers that, as a member entity and under the terms of the Code of Ethics, users may call on Confianza Online for the alternative resolution to potential disputes (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these refer to electronic transactions with consumers or are regarding data protection when they are related to this area, complaints will be resolved by Confianza Online’s Mediation Committee, accredited for the alternative resolution of consumer disputes. If the complaints revolve around digital advertising or data protection related to this area, they will be subjected to the Advertising Self-regulation Association.

(3) In addition to Confianza Online, users may call on Confianza Online for an alternative resolution to potential disputes. The Advertising Jury of AUTOCONTROL (Jurado de la Publicidad) is an independent, impartial, and accredited ADR body based in Spain. It resolves consumer complaints related to advertising matters free of charge. The Jury applies principles of independence, transparency, efficiency, and fairness, and its decisions carry moral authority even when not legally binding. (https://www.autocontrol.es/autocontrol-eng/services/post-control/advertising-complaints/advertising-jury-adr/)

(4) If you have any complaints or wish to resolve a dispute arising from your purchase, you may contact us directly at https://anytech365.com/contact-us/ and the Merchant will do their best to resolve the matter amicably. For consumers located in other EU Member States, information on alternative dispute resolution (ADR) bodies is available through your local consumer protection authority.

Art. 38. (1) The parties undertake to protect each other’s legitimate rights and interests and to preserve the confidentiality of any information to which they have gained access in the framework of their contractual relationship.

(2) During the contract term and up to two years after its termination, the parties shall not be entitled to publicly disseminate the content of their communication, whether in written or oral form. Publication of correspondence in electronic or print media, internet forums, social networks, or other public platforms shall be deemed a breach of this clause.

Art. 39. In the event of a conflict between these Terms of Services and the provisions of a particular contract between the Merchant and the other party, the provisions of the particular contract shall prevail.

Art. 40. (1) Neither party shall be liable for non-performance of its contractual obligations if this is due to force majeure. For an event to qualify as force majeure, the following conditions must be met:

  1. be unpredictable
  2. be extraordinary
  3. There must be a direct causal link between the event and the impossibility of performing the obligations.

Art. 41. These Terms are applicable to all Users of the Website as of the date of their publication.

Section XIII – CyberWarranty

Art. 42. Scope of the Warranty

(1) The CyberWarranty constitutes a procedural commitment by the Merchant to adhere to documented processes aimed at maintaining a high level of security, including:

performing software updates and upgrades;

maintaining and storing system logs;

notifying Customers when a product or service reaches end-of-life;

conducting AnyTech365 technical support team expert verification upon submission of a claim.

(2) The CyberWarranty does not constitute a guarantee of absolute or uninterrupted protection against cyber threats and shall not be construed as a promise to prevent all possible incidents.

Art. 43. Definition of Covered Cases

For the purposes of the CyberWarranty, the following elements shall be deemed sufficient and conclusive evidence of the Merchant’s due diligence:

1. system logs evidencing updates and security events;

2. automatic notifications to Customers regarding end-of-life support;

3. a AnyTech365 technical support team expert report issued in connection with a submitted claim.

Art. 44. Limitation of Liability

(1) The exclusions and limitations of liability set forth in Section VIII of these Terms shall apply in full to the CyberWarranty.

(2) The CyberWarranty does not modify, expand, or diminish such exclusions or limitations in any respect.

Art. 45. Claims Procedure

(1) AnyTech365 technical support team verification shall only be conducted upon the formal submission of a claim by a Customer.

(2) The AnyTech365 technical support team expert shall review the relevant logs, notifications, and system data and shall issue a standardized conclusion with one of the following determinations:

“claim approved”; or

“claim rejected.”

(3) The AnyTech365 technical support team conclusion shall be contractually binding for the resolution of the claim, unless overturned pursuant to mandatory statutory provisions or by decision of a competent regulatory or judicial authority.

Art. 46. Internal Documentation

(1) The Merchant shall maintain a standardized AnyTech365 technical support team report template, including the date, expert signature, references to the reviewed logs and notifications, and the final determination.

(2) AnyTech365 technical support team conclusions shall be retained for evidentiary purposes and may be disclosed in dispute resolution proceedings.

Section XIV – AnyTech365 SmallBusiness

Art.47. (1) The AnyTech365 SmallBusiness Plan is a subscription-based IT security and support service designed for small and medium-sized enterprises (SMEs) and legal entities (hereinafter referred to as Business Clients). By accepting the present Conditions of Contract, THE CLIENT confirms that it is acting in its capacity as a business entity and not as a private consumer, and that the individual accepting these conditions has the legal authority to bind the entity on whose behalf they are acting.

(2) The AnyTech365 SmallBusiness subscription includes ongoing IT support and technical assistance provided by qualified IT professionals between 10:00 and 17:00 (local time), Monday to Friday. The service covers remote technical support without a predefined numerical limit, subject to fair use and the scope of the subscribed plan, prompt response within commercially reasonable timeframes, upon receipt of a request, continuous optimisation of the Client’s IT devices, operating system upgrades upon request, software installation and uninstallation, as well as regular device maintenance checks. The service also includes proactive threat prevention through remote monitoring, detection of suspicious network activity, and resolution of issues before they lead to service disruption.

(3) During the subscription period, the Client is granted the right to use the software and hardware solutions included in the SmallBusiness plan, as specified in the applicable Order Confirmation and/or on the relevant product pages, as may be updated from time to time, for the duration of the subscription.

(4) The subscription is transferable within the Client’s organisation or as otherwise expressly permitted by the Merchant in writing in accordance with the applicable terms, as well as GDPR-compliant protection of data traffic between the Client and its customers. For the avoidance of doubt, this plan is not available to Consumers within the meaning of applicable EU consumer protection legislation.

(5) The subscription is offered on a per-seat basis, with a startup and maintenance fee applicable at the commencement of the subscription. Pricing, subscription duration, and seat configuration will be set out in the Order Confirmation communicated to THE CLIENT prior to or at the point of purchase.

(6) The charges described above include Value Added Tax (VAT) or indirect equivalent tax, which will be applied in accordance with applicable legislation in THE CLIENT’s country of establishment. The support service will be renewed automatically once the subscription period has ended, unless otherwise agreed in writing between ANYTECH365 and THE CLIENT. Termination by THE CLIENT shall be subject to a three (3) months’ prior written notice. This shall apply notwithstanding any general termination rights set out in these Terms (including Art. 14), and shall apply specifically to the AnyTech365 SmallBusiness plan, which is offered exclusively to Business Clients.

(7) Whilst the contract is in force, any software used in the provision of the previously described services may be replaced by another that fulfils the same function and has similar features, provided that ANYTECH365 notifies THE CLIENT of any such material change in advance.

(8) ANYTECH365 technical personnel will only be able to provide assistance and support in relation to software on THE CLIENT’s devices. For issues relating to hardware or material components, ANYTECH365 may provide recommendations or assessment, but shall not be obliged to resolve such issues remotely.

Art. 48. (1) THE CLIENT acknowledges and agrees that the technical infrastructure and software underlying the AnyTech365 SmallBusiness service is provided by Panorama9, Inc., a company incorporated in the United States of America with its registered address at 795 Folsom Street, 1st Floor, San Francisco, CA 94107, USA (hereinafter “Panorama9”). Panorama9 is a subsidiary within the same corporate group as ANYTECH365.

(2) As a result of this group structure, invoicing for the AnyTech365 SmallBusiness subscription may be carried out by Panorama9 on behalf of ANYTECH365. The receipt of an invoice issued by Panorama9 shall not alter the contractual relationship between THE CLIENT and ANYTECH365 as established by these Conditions of Contract, nor shall it imply the creation of any separate or independent contractual relationship between THE CLIENT and Panorama9.

(3) ANYTECH365 remains solely responsible to THE CLIENT for the delivery of the contracted services in accordance with these Conditions of Contract, including in respect of any reimbursement, complaints, and dispute resolution as set out herein.

(4) THE CLIENT’s rights under applicable European Union consumer and business protection legislation are fully preserved under these Conditions of Contract and shall not be affected by the involvement of Panorama9 in the technical delivery or invoicing of the service.

Art. 49. (1) Where THE CLIENT subscribes to the AnyTech365 SmallBusiness Plan, THE CLIENT acknowledges that in order to deliver the contracted services, certain personal data relating to THE CLIENT’s employees, contractors, and end-users may be processed by Panorama9, Inc. acting as a data processor on behalf of ANYTECH365 within the meaning of Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”).

(2) THE CLIENT, as the data controller in respect of such personal data, confirms that it has complied with all applicable obligations under the GDPR, including providing the necessary information to, and obtaining any required consents from, its employees and other relevant individuals whose personal data may be processed in connection with the contracted service.

(3) A Data Processing Agreement (“DPA”) governing the relationship between ANYTECH365 and Panorama9 in their respective roles as data controller and data processor is available upon written request to ANYTECH365. Where applicable, THE CLIENT may also be required to enter into a separate DPA with ANYTECH365 to govern the processing of personal data of THE CLIENT’s personnel. ANYTECH365 will provide the relevant documentation upon request.