1 Object

The Company Eurosequitur SL., with address at c/ Montserrat Roig i Fransitorra 18, 08310 Argentona, Spain and CIF no. B66987330, tel. num. 644 209 531, operates as a provider of localization services in matters of animal asset.

These General Conditions of contract (hereinafter, the “Conditions”) regulate the relationship between the Company and the Client in relation to location services, through the use of devices for the exclusive use in the practice of colombicultura (hereinafter, the “Services”). The relationship between the Company and the Client is regulated, in addition to these Conditions, by the Privacy Policy (hereinafter collectively, the “Contractual Terms”), not falling within the scope of application of the electronic communications regulations due to the technical and legal restriction of the use of the Services. The Company reserves the right to modify these Conditions at any time, communicating the contractual modifications at least 30 (thirty) days before their entry into force, without affecting the possibility of the Client to renounce them as indicated in article 13 below. These Conditions and the Contractual Terms are published at the address www.ayama.com and are valid for 365 days from acceptance and payment.

It is expressly prohibited to use the devices to resell, in whole or in part, the telecommunications services provided or to exploit the services for purposes other than those provided for in this Agreement.

This Agreement is made up of these stipulations that constitute the body of the contract and the annexes that form an integral part thereof. In case of conflict, contradiction or divergence between the clauses of the Contract and the Annexes to it, the general terms and conditions that constitute the clauses of the Contract will prevail. In everything not expressly provided for in this document, the General and Particular Conditions for the provision of the corresponding services will apply.

2 Client Proposal and Activation

The Client will send the Company the subscription plan activation proposal, with the submission and signature (which may also be electronic) of the corresponding subscription form. The proposal will be accepted with the activation by the Company of the subscription to location services. The Company will activate the subscription within 72 (seventy-two) hours from the activation request with payment by bank transfer or within 10 minutes with payment by credit card or Paypal. The request and payment must be made within 4 (four) months from the delivery of the device(s) to the Customer, after which they will be permanently deactivated. The Client may request the return of any credit associated with the proportional part of the unused subscription plan, prior notice to the Ayama Customer Service – C/Montserrat Roig nº18 08310 Argentona (Barcelona), sent by certified letter. For identification purposes, the Client must communicate, under his responsibility, his complete personal data, accompanied by copies of identity documents, in accordance with the provisions of current regulations. The devices without identification documents of the holders will be deactivated, with the consequent loss of the number that could have been assigned.

3 Provision of services

Eurosequitur S.L. guarantees the provision of Services, understanding that it may resort to the collaboration of third parties to comply with its contractual obligations, including server accommodations and wholesale operators of connectivity services domiciled in the country or abroad. The Company, despite adopting all the precautions and applying all the security measures indicated by current legislation, cannot guarantee absolute protection of its network and Services against unauthorized access, intrusion or interception and other attacks (including those by hackers, regardless of their location) and declines any responsibility in the event of such extremes materializing.

4 Customer obligations

The Client will have the obligation to use the device(s) in accordance with the applicable laws and regulations and the Contractual Terms. The Client will be responsible for the use of the device(s), as well as for the use thereof made by third parties with their consent. The Client must immediately inform the Company of any irregular or unauthorized use of the device(s). The Company reserves the right to suspend the device(s) if it detects illegal or fraudulent activities carried out by the Client or by third parties, or if indicated by the competent authorities. The Company may suspend, totally or partially, the device(s) if abnormal or unreasonable increases in the volume of traffic are detected compared to previous traffic. An inappropriate use of the device(s) will be considered to be that which exceeds the reasonable limits derived from the use of the device(s) for the practice of columbiculture. Under current regulations, the Company reserves the right to slow down, suspend or deactivate the device(s) in case of inappropriate use. If the Client does not respect the indications provided in this article, the Company may terminate the contract as indicated by art. 1124 of the Civil Code.

THE CLIENT may not manipulate the equipment and facilities on which the services are provided, nor proceed to their disassembly or substitution or release without the prior express written authorization of the Company, being the latter responsible for the damages that such manipulations, connections or substitutions may suffer.

5 Rate Plan

The Services are offered exclusively in prepaid mode and are available both for private users and for business users. The rates are available and always up to date in the subscriptions section, in the application.

6 Devices

When each device is delivered, the customer will be informed of the security code for device activation. The Customer must immediately notify the Company of any theft, loss, theft or modification of their device. In these cases, the Company will deactivate the device or devices. The Company will have the power to deactivate the device(s) without compensation obligation, if so requested by the competent authorities or for technical reasons that prevent it from continuing to provide the Services. The Company shall have the right to deactivate the device(s) in the event that they are not up to date with payment for more than three consecutive months. The Company, as of the expiration of the second month from the last commercial relationship, will inform the Clients of the deactivation of the device or devices, allowing the reactivation of the service with the same security code at no additional cost to the Client. In any case, the Company will inform the Client, at least thirty days in advance, of both the eventual suspension of the service and the cancellation of the device(s).

7. Traffic management

In order to guarantee fair and non-discriminatory access for all Clients to the Services and to preserve the integrity and full functionality of the network (avoiding, above all, its congestion), the Company, under the principle of treatment parity, reserves the right to introduce temporary and non-discriminatory mechanisms to limit the use of available network resources.

8. Protection of personal data

The Company undertakes to treat the personal data of Clients in accordance with the provisions on the protection of personal data and the terms of the Privacy Policy, which can be consulted on the website www.ayama.com. The Company Eurosequitur S.L. collects, stores and processes the data necessary to provide the Services, establish and protect relationships with Clients and the security of technological platforms and infrastructures and carry out the processing of accounting data.

The Client’s data will be processed by the Company in order to allow the development, compliance and control of the agreed service provision relationship, the basis of the treatment being compliance with the contractual relationship, keeping the Client’s data for as long as it exists and even after, until any responsibilities derived from it prescribe. The data of the signatory of the Contract may be communicated to banks and financial institutions, for the management of collections and payments and to Public Administrations in the cases provided for in the Law, for the purposes defined therein. The signatory of the Contract may request access to their personal data, their rectification, deletion or portability, as well as request the limitation of the processing of their data or oppose it, by sending a letter with the Reference. – Data Protection, attaching a photocopy of your ID or valid identity document, to the Company.

9 Customer Service – Claims

To receive assistance and submit claims (according to current regulations), the Client will have the right to contact the Customer Service of Eurosequitur S.L. with whom you can contact at the email address comercial@ayama.com and at the number +34 937 974 759.

10 Misuse of the Services

The Client will be responsible for the use of the location device. Therefore, the Company cannot be held responsible for the use of the location device. The Client will be obliged to use the device(s) in good faith and in a correct manner, in accordance with the Contractual Terms and avoiding obtaining benefits other than those related to the normal use of the Services.

The Client will not use the Services for illicit or abusive purposes such as, by way of example but not limitation, the following:

– Any violation of the rights of third parties, including among other intellectual and/or industrial property rights, the right to personal and family privacy and/or the right to one’s own image.

– Actions (including the introduction of viruses or similar) that cause or may cause damage, alterations and/or unauthorized downloads of the contents,

the Services provided by the Company or by third parties, the equipment and/or computer programs including the files and documents they contain;

– Alter or intervene by fraudulent means, web pages, emails or systems of other users or third parties without their authorization.

– Send messages using a false identity and/or disguise the origin of the message in any way.

– Send electronic communications not expressly requested by their recipients or not previously and expressly authorized by them.

– Send massive and/or repetitive electronic communications (spam).

In addition, THE CLIENT will refrain from carrying out the following practices: recharges of mobile Services made with third-party credit cards without their consent; use of bank details or identity of third parties to hire or make payments for Services; hacking or unauthorized manipulation of switchboards or Devices, downloading of accumulated balances through calls to international, premium or Internet numbering; calls between routers or modems for data transmission, traffic conversion, including traffic redirection to destinations other than the called number, massive downloads of telephone or data traffic, fraudulent or massive use of premium services, including downloads to premium numbering via SMS, connection of systems or equipment to the communications equipment that make up and facilitate access to third-party Services.

The violation of the obligations established in this clause or the performance of conducts that respond to a pattern of fraud by THE CLIENT will entitle the Company to adopt the following measures, without this giving rise to compensation of any kind to the Client and without prejudice to the exercise by The Company of the rest of the actions that correspond to it in defense of its interests:

– immediately suspend or interrupt the provision of the Service,

– withdraw or block content or services that may be illegal or contrary to the provisions herein,

– and/or rate the traffic according to the current basic rates without applying any discount or advantage.

The Company is exempt from all liability for damages and/or actions that may arise from the configuration, manipulation, or incorrect use of said products by THE CLIENT or third parties linked to THE CLIENT. The Company will not be responsible for the infractions of THE CLIENT, its collaborators, employees or third parties that depend on it, that affect the rights of the manufacturer of the product, including copyright, trademarks, patents, licenses, confidential information and any other intellectual or industrial property right.

In particular, the Services must not be used to commit criminal acts or, in general, directly or indirectly violate the rights of other users or third parties. Likewise, the Client is prohibited from reselling the Services to third parties. The Company may definitively terminate or suspend the use of the devices without prior notice or compensation if there is evidence of incorrect use of the Services by the Client. In these cases, the Client will not be able to request the return of the remaining credit related to his subscription, without this affecting the right to compensation for the greater damages suffered by the Company due to the incorrect use of the Services.

11 Limitation of liability

The Company will not be liable in any case for damages caused by the device owned by the Client. Without limitation, but by way of example, The Company will not be liable for the loss of Customer data or for damages caused by their slight fault or involuntary action or omission. The Company will not be liable in any case for indirect or consequential damages or for the loss of profits of the Client, nor of the people with whom it contracts or is related. Nor will The Company be liable to the Client for any inefficiency, malfunction or interruption of the Services caused by causes not attributable to it (including those referring to dysfunctions of the wholesale connectivity services provided by external operators) or due to force majeure.

The company will not be responsible for the delay or failure in the total or partial implementation of the Services, interruptions or malfunction of the Services caused by a fault in the network caused by natural catastrophes such as earthquakes, floods, lightning or fires, situations of force majeure, situations of extreme urgency, such as labor conflicts or serious lockouts, wars, military operations, civil disturbances or any other situation of a similar nature,

It is also exonerated from any type of liability towards THE CLIENT and towards third parties, in the event that the anomalies are due to actions and/or omissions attributable to THE CLIENT, its contractors, employees or personnel that depend on it or are at its service; lack of any permit for both the installation and the modifications of the technical characteristics of the installed equipment attributable to THE CLIENT, its contractors, employees or personnel that depend on it or are at its service; interruptions or irregularities that the service provided by the Company may suffer through no fault of its own, loss of benefits or opportunities directly or indirectly caused by incidents or interruptions in the Services or their provision.

The parties agree that the Company is exempt from any liability that may arise from obtaining by THE CLIENT any type of confidential or protected information, from its use or disclosure of said data and, in general, from any action or omission of THE CLIENT that violates the secrecy of communications.

– Publish, disclose, send, announce or distribute, directly or through links, any material, matter or information with illegal, obscene, pornographic, violent, abusive, defamatory, xenophobic, degrading, misleading, contrary to law, moral or public order content, which induces or advocates dangerous, violent, risky or harmful practices for health.

THE CLIENT undertakes to use the Services and the contents that can be accessed through the Services exclusively for personal use, and not to directly or indirectly carry out a commercial exploitation of the Services to which they have access, or of the results obtained thanks to the use of the Service, except with the express and written authorization of the Company.

12 Subsequent agreements – Assignment of the contract

The Company will have the capacity to transfer to third parties, totally or partially, the Contractual Terms, guaranteeing the fulfillment of the corresponding obligations by the assignee and without this affecting the Client’s rights. The Client will have the ability to transfer to third parties the rights and obligations derived from these Conditions and the Contractual Terms only after having obtained the written approval of the Company.

13 Withdrawal at the request of the Client

The Client may freely and gratuitously withdraw this contract at any time by sending a letter to the Customer Service of Eurosequitur SL, at c/ Montserrat Roig i Fransitorra 18, 08310 Argentona, Spain, by means of an email communication to comercial@ayama.com or through the same telematic instruments used for the activation of the Services, without this affecting the payment of the amounts that may be due at the time of termination.

The termination will be effective once 30 (thirty) days have elapsed from the date of receipt of the communication sent by the Client by Eurosequitur SL. In the event of modifications to these Conditions, the Client may withdraw from the latter according to the modalities described above and before the date of entry into force of the changes in question, it is considered that the termination will be valid from the date of entry into force of said modifications in the event that the notice of withdrawal is received by the Company before that date.

The present power of withdrawal is an improvement over those that are applicable at any time by the mandatory application regulations.

14 Resolution at the request of the Company

The Company may terminate these Conditions and the Contractual Terms by means of a written communication and with a notice of 30 (thirty) days to the date of termination. The Company may withdraw from the contract at any time and terminate it, with immediate effect, in the following cases: a) blocking of the Client’s credit card; b) persistent and repeated illegal, abusive or inappropriate use of the Services by the Client; c) in cases where it cannot be directly or indirectly established that the Client is the legal entity that has entered into this contract; other serious breaches of this contract.

15 Variation of identification and communication data

The Client will be obliged to update the information held by the Company regarding their identification data. All communications sent by the Company to the last address (physical or telematic) indicated by the Client will be considered effectively received by the latter.

16 Contract integrity

This Agreement is made up of these stipulations that constitute the body of the contract and the annexes that form an integral part thereof. In case of conflict, contradiction or divergence between the clauses of the Contract and the Annexes to it, the general terms and conditions that constitute the clauses of the Contract will prevail.

In the event that any of the stipulations of this contract become or is considered or declared invalid, null, illegal or not applicable, whatever the reason, the remaining provisions will not be affected, remaining valid and fully applicable. In the event that a single stipulation of the contract is affected by said cause, the parties will try to replace said stipulation in an amicable way, with another that includes as much as possible what is established in which it had been declared invalid.

17 Out-of-court dispute resolution

This Agreement will be governed by the applicable Spanish Law. Any dispute that arises regarding the interpretation or execution of this Agreement must try to be resolved, in the first instance, by mutual agreement between the parties. If said agreement is not obtained, the contracting parties expressly renounce any jurisdiction of their own that, in accordance with current regulations, may correspond to them to hear disputed issues that may arise from it, being subject to the jurisdiction of the Courts and Tribunals of the city of Barcelona.