Terms and conditions – Eng


IDENTITY OF THE RESPONSIBLE: Developed by ILACAD World Retail www.ilacad.com

CONSENT OF THE USER: When an account is created, the user has access to a support platform to represent analyze sales spaces. These data are for own use and under the responsibility of the user. OPENCatman does not make use of these data nor is it responsible for them, nor for the custodian of them.

PERSONAL DATA WE COLLECT: Mail and identity data may be used for the purpose of sending information about the use of the tool and its new features. All other data are for the user’s own use.

Terms and Conditions of Use (TCU)

This document sets forth the Terms and Conditions of Use of the website www.opencatman.com and its mobile application, owned by ILACAD World Retail LLC. The online platform offers the design, analysis, and sharing of planograms for in-store space management, along with courses, tutorials, and other resources. Access to the website implies full acceptance of the associated conditions and policies. In case of disagreement, the user is invited to refrain from using the website.

Terms of Use.
The user commits to using the website diligently and in compliance with the current legislation. This implies respecting moral standards, good manners, and public order, as well as avoiding any activity that may harm the image or rights of OPENCatman.com and third parties. It is prohibited to introduce elements that may damage the website, and the responsibility for the content introduced lies with the user. The use of the website for illicit purposes or that may harm the rights of OPENCatman.com or third parties is prohibited. OPENCatman.com may refuse or withdraw access to any user who does not comply with these conditions.

OPENCatman.com may modify the Terms and Conditions of Use, Sales, Privacy Policy, and Cookie Policy without prior notice. It is the user’s responsibility to regularly review these conditions. Similarly, OPENCatman.com reserves the right to change the design, presentation, and/or configuration of the website and its services without prior notice. OPENCatman.com does not guarantee the continuous availability of the website and disclaims any liability for any damages resulting from its unavailability.

User’s Obligations.
The user must comply with the following obligations when using the website:

Register with true, accurate, complete, and up-to-date data.
Protect their username and password, preserving them from any disclosure or misuse.
Inform OPENCatman.com in case of loss, theft, or suspicion of unauthorized use.
Respect the intellectual and industrial property rights of OPENCatman.com and third parties.
Refrain from using the website for commercial or advertising purposes without written authorization.
Avoid sending illegal, offensive, defamatory, abusive, discriminatory content, or content that infringes upon the rights of OPENCatman.com or third parties.
Website Responsibility.
OPENCatman.com disclaims any responsibility for damages resulting from the user’s use of the website, as the user fully assumes the consequences of their access. OPENCatman.com does not guarantee the quality, truthfulness, or accuracy of the content and services, nor the calculations or recommendations that are provided solely for the purpose of facilitating access without control. OPENCatman.com assumes no responsibility for damages caused by viruses on the website, and interruptions beyond its control are not attributable to it. OPENCatman.com does not guarantee or endorse any misuse by the user or third parties, and the user is solely responsible for any claims made by third parties. OPENCatman.com does not assume responsibility for the preservation of user data, as users can make copies using the PRO version of the application.

Intellectual and Industrial Property.
All content on the website belongs to OPENCatman.com unless otherwise indicated. The user may use this content within the OPENCatman.com system while always respecting the rights of the owners. Access to the website does not imply any transfer of rights, and the user must avoid any violation of these rights. Prior written authorization is required for any commercial use of the content. Reproduction, distribution, transformation, or modification of the content is prohibited without such authorization. The removal or alteration of distinctive signs belonging to third parties on the site is strictly prohibited. The user may view, generate, and share documents for informational and personal use, citing the source and authors, without profit-making purposes.

Third-Party Industrial Property.
OPENCatman.com places special importance on respecting the copyright and industrial property rights of third parties related to the content and services of the website. OPENCatman.com disclaims any responsibility for potential abuses of these rights by users or third parties. A common database, fueled by users, includes information such as barcodes, dimensions, descriptions, brands, images, etc. OPENCatman.com disclaims any responsibility for errors or damages resulting from the use of this database by users or third parties. Users are committed to providing images for which they hold the copyright, excluding third-party photos. By uploading their images, the user grants rights to the application and allows access to other users, limited for internal use. OPENCatman.com undertakes to remove any content that violates the rights of third parties as soon as it becomes aware of it, and users can report such violations by providing detailed information.

If a person believes that content on the website violates their copyright or industrial property rights, they can notify OPENCatman.com by sending an email to info@opencatman.com, providing the following information:

Full name, contact information, phone, and email address.
Identification of the distinctive sign whose rights they believe are violated and the title justifying their ownership or authorization to act on their behalf.
Precise indication of the content or service they consider a violation and its location on the website.
An express and responsible statement affirming that the provided information is true and that the use of the distinctive sign has not been authorized by its owner.
Applicable Legislation and Jurisdiction.
The parties agree that these terms will be governed by the laws of the United States, with exclusive jurisdiction of the courts in Miami, Florida. They expressly waive any other jurisdiction, except for emergency measures. The parties respect the intellectual property rights of the content on OPENCatman.com and commit to following international conventions, such as the TRIPS Agreement, the Paris Convention, the Berne Convention, the Patent Cooperation Treaty (PCT), the Trademark Law Treaty (TLT), the Patent Law Treaty (PLT), the Hague Agreement Concerning the International Registration of Industrial Designs (DCT), the WIPO Copyright Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT), the WIPO Treaty on Audiovisual Performances (WAT), and the WIPO Beijing Treaty on Audiovisual Performances (WAPT), as well as any other international treaty on intellectual and industrial property to which they are parties or may adhere to in the future.

User Data Confidentiality.
OPENCatman.com ensures the confidentiality and security of users’ personal data in accordance with data protection legislation. Data collection is limited to necessary information, and no disclosure to third parties will occur without explicit consent, except for legal obligations or defense of legitimate interests. Technical and organizational measures are implemented to ensure data security. The Website’s Privacy Policy details users’ rights, the purposes, and the duration of data retention. Users can exercise their rights by sending an email to info@opencatman.com. For more information, please refer to the Website’s Privacy Policy.

Terms and Conditions of Sale (TCS)

These TCS govern the provision of services by OPENCatman.com, defining the rights and obligations of the parties. Combined with the General Terms of Use, they constitute the agreement for subscribing to the PRO Version of the Website and application.

The Service.
Members of the PRO Version benefit from advantages described in the offer. Registration starts with a free 7-day trial period, after which fees will be charged unless canceled.

You can cancel your subscription to the PRO Version at any time. The cancellation will take effect the following month, in accordance with the offer provided.

Benefits of the PRO Version of OPENCatman.com.
Users of the PRO Version of OPENCatman.com have access to the services offered on the Website.

The current subscription fees are stated on the OPENCatman.com Website (www.opencatman.com). Subscription fees for the PRO Version are non-refundable unless expressly stated otherwise in these Terms.

The subscription fees are indicated on the Website and are non-refundable unless otherwise mentioned in these Terms.

3.1 Payment.

If your default payment method becomes invalid during your subscription or if the payment is declined for any reason other than one attributable to us, your subscription to the PRO Version will be canceled, maintaining access to your information through the free features of the application.

3.2 Acceptance of your subscription.

We reserve the right to accept or refuse your subscription within the limits permitted by applicable law.

3.3 Prohibition of transfer or assignment of your subscription or benefits.

The benefits and other advantages of the PRO license are personal and correspond only to the user who subscribed to them. They cannot be shared or transferred to third parties. Only eligible users can enjoy the benefits of the offer.

Modification of the Terms.
We may make changes to these Terms, the Service, prices, or any of its elements at any time.

Damages and Force Majeure.
We shall not be liable for any delay or failure to fulfill our obligations under these Terms if such delay or failure is caused by a force majeure event.

Exemption from the general terms of use and sale for users with a direct agreement.
Users who have entered into a direct agreement with the company and have associated it with a specific contract establishing specific conditions for the provision of the service are exempt from the application of these general terms of use and sale. In the absence of such a contract, the general conditions described in this document shall prevail.