terms and conditions

Website Terms and Conditions of Use

This website «https://thothalis.com» (hereinafter, the “Website”) is owned by the Dutch company Thothalis BV. (in constitution), registered office at Laan van kronenburg 14 1183AS Amstelveen, Netherlands, registered in the Mercantile Registry in the Netherlands KvK-number 83381988. You may contact us by telephone at +34 695 849 664 or by email at info@thothalis.com (hereinafter, “Thothalis” or “we”).
These Terms and Conditions of Use (hereinafter, “T&C”) apply to clients, potential clients, and users of the Website (hereinafter, the “User” or “You”), provided they are not modified by the Thothalis General Terms and Conditions of Contracting signed by clients when formalizing a service agreement or purchase order, or by “partners” with whom Thothalis develops a joint project. In the case of formal commercial engagements, the specific document constituting the aforementioned General Terms and Conditions shall govern, with these T&C remaining applicable strictly to the use of the Website.
Navigation on the Website and the request for information through its forms are subject to these T&C, as well as our Privacy and Cookies Policy.

When the User uses the Website, it is understood that they agree to review these T&C and be bound by them. If you are not satisfied with all or part of the content of the T&C, you must refrain from navigating and/or using this Website and leave it immediately. Continued use and/or navigation on the Website implies the acceptance of these T&C.

1. What do we offer on this Website?

This Website provides Users with the necessary information to understand, evaluate, and request services related to Cloud Backup, business continuity, and data resilience offered by Thothalis, primarily focusing on the independent protection of SaaS environments such as Microsoft 365, in compliance with European data sovereignty standards.

2. Use of the Website

2.1.

The User agrees to use the Website in accordance with the law, generally accepted good customs, public order, and these T&C. In particular, but without limitation, the User agrees not to use the Website for illegal purposes, purposes contrary to the provisions of these T&C, to undermine our rights and/or interests or those of third parties, or to otherwise damage, disable, overburden, or impair the Website or prevent its normal use.

2.2.

The services of the Website do not include the network connection necessary for the Website to function, and each User must contract this with the operator of their choice.

2.3.

The services of the Website also do not include the device necessary for the Website to function, and each User must acquire the device of their choice.

3. Limitation of Liability

3.1.

While we commit to making every reasonable effort to ensure the availability of the Website, we cannot guarantee its rapid, uninterrupted, and error-free use. In particular, but without limitation, Thothalis is exempt from all liability that may arise in the following cases: (i) technical failures that, due to accidental or other causes, prevent the normal operation of the Website; (ii) damages resulting from computer viruses and the like or generated as a result of improper use of the Website; and (iii) third-party interference in the service. Considering technical advancements, third parties may penetrate the Website and cause problems. Notwithstanding the above, we make every technical effort by incorporating appropriate technological measures to reduce these risks. However, the User is informed that these intrusions can occur and that we will not be liable for the damages they may cause.

3.2.

Additionally, regarding those services, software solutions, or storage infrastructure provided by third parties (e.g., Keepit A/S), Thothalis cannot, in any way, be held directly or indirectly responsible for any service provided by said third parties outside the scope of specific contractual agreements signed with the client.

3.3.

We are not responsible for links that may appear on the Website pointing to third-party content. We do not control or endorse the services, content, data, files, products, or any other material existing on third-party applications or websites. Therefore, we are not responsible, under any circumstances, for the legality of the contents of said pages, with the third party being exclusively responsible for everything related to the content of that link, especially regarding moral law, good customs, and public order. The existence of links does not presuppose any relationship of any kind between Thothalis and the owner of the linked website or mobile application.

4. Indemnification

Users are responsible for any damages that Thothalis suffers, directly or indirectly, as a result of the User’s breach of any obligations they may have under these T&C. Users shall indemnify Thothalis against any penalty, claim, or lawsuit filed by a third party, including any public bodies, against Thothalis or its employees, due to the violation of any third-party rights by said User through the use of the Website in a manner contrary to these T&C.

5. Force Majeure

Any possible delay or failure to implement these T&C by Thothalis shall not be considered a breach thereof and shall be excused to the extent that it has occurred as a result of any cause beyond the reasonable control of Thothalis, including acts of God, power outages, natural disasters, restrictions by public authorities, severe weather conditions, strikes, public disturbances, or threats of such events occurring.

6. Industrial and Intellectual Property

6.1.

The User agrees that all elements of the Website, the information and materials contained therein, trademarks (including the Thothalis brand and logo), structure, selection, management, presentation of content, and the software used, are protected by intellectual and industrial property rights owned by Thothalis or third parties, and that access to the Website does not grant them, regarding said intellectual and industrial property rights, any right other than what is specifically granted.

6.2.

Except where expressly authorized by Thothalis or, where appropriate, by the third-party owners of the corresponding rights, Users may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or facilitate public access through any means of public communication, any of the elements referred to in the previous paragraph. The User may only use the materials, elements, and information accessed through navigation and use of the Website for their personal use, agreeing not to directly or indirectly engage in any commercial exploitation of the materials, elements, and information obtained through it.

7. Website Updates

7.1.

The information appearing on the Website is that which is valid on the date of its last update. Thothalis reserves the right to improve its service for the benefit of Users, to update, modify, or delete existing data on the Website or its technical operating and use conditions, and Users must observe any instructions established by Thothalis for these purposes through its Website or through duly authorized persons.

7.2.

If there is any conflict between these T&C and any previous version thereof, and unless otherwise determined, these T&C shall prevail.

8. Protection of Personal Data and Use of Cookies

The processing of personal data that the User may provide is subject to the provisions of the Privacy and Cookies Policy, which is an integral part of these T&C.

9. Functionality and Interoperability of the Website

9.1.

The Website is subject to the following operating conditions: an updated standard web browser.

9.2.

Please note that due to operating system fragmentation and manufacturer implementation, the Website may not function correctly on certain devices and/or operating systems.

10. Severability

In the event that any of the clauses of these T&C is null or voidable, the rest of the conditions shall not be affected and shall fully retain their validity and term.

11. Applicable Law and Jurisdiction

Unless a mandatory rule indicates another applicable law and/or another exclusive competent forum, judicial disputes arising from the Website, the operation, breach, or interpretation of these T&C, and the relationship between the User and Thothalis, shall be subject to Dutch law, both regarding contractual and non-contractual matters. Thothalis and the User expressly agree to submit to the exclusive jurisdiction of the courts of the Netherlands.

12. Contact

Users may contact Thothalis through the following means:
Address: Laan van kronenburg 14 1183AS Amstelveen, Netherlands