Terms of use and contract

We welcome you and invite you to learn about the contracting conditions with all the necessary information regarding the electronic transactions you make on this website.

Identification of the parties

On the one hand, Artwork Validator is a service offered by ARTWORK PROCESS S.L. (hereinafter, Artwork Validator, artwork-validator.com, PLATFORM) with CIF B42751776, address at Masnou, 28-30, postal code 08014, Barcelona, Spain., email support@artwork-validator.com, and registered in the Mercantile Registry of Barcelona on sheet B-557421 on folio 138 of volume 47623 is the owner of the website artwork-validator.com. On the other hand, the company that contracts for business purposes the services we offer (hereinafter, USER, CLIENTS, GUEST USERS). Both parties submit to these Contracting Conditions (hereinafter, «Conditions») to which our Legal Notice and Privacy Policy and Cookie Policy are added, to which we refer.

These will always be available in Spanish for consultation, archiving or printing. The parties declare that they have the necessary legal capacity to act and contract through this website in accordance with the Conditions set forth, which they declare to understand and accept. If any clause included in these Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the general conditions subsisting in everything else, considering such provision, or the part of it that is affected, as not having been included.

Artwork Validator is committed to transparency and clarity in commercial transactions carried out on this website, guaranteeing a space committed to the rights of USERS. Therefore, we recommend that before contracting any of the services we offer on this website, you read these conditions and the terms that apply to the provision of services offered by Artwork Validator, which are inherent to its main activity. These contracting conditions are available in English and Spanish and govern the relationship between Artwork Validator and the CLIENTS who acquire services at https://artwork-validator.com. You can access or download these Conditions at any time by accessing our website. Artwork Validator reserves the right to modify or change these conditions at any time. If the modifications constitute a substantial change in the terms, Artwork Validator will notify by publishing an announcement on its website.

Characteristics of the services offered

• The Services provided by Artwork Validator consist of:
  • The service is for technical support, which does not replace the user's professional judgment nor guarantee the legal/regulatory suitability of the design, and whose specific scope may vary according to the subscription and active functionalities.
  • Access to an online platform for technical auditing of packaging designs (labels, boxes, leaflets, blisters, envelopes or other artworks in PDF) before printing.
  • Account and company management: registration, authentication, user profile, subscription and collaborative work per company (main user and invited users).
  • Work organization through projects and uploading (upload) of designs in PDF format.
  • Automatic PDF audit, oriented towards printing and readability, which may include, among others:
  • Typography (fonts, sizes, embedding, legal size)
  • Images and color (RGB/CMYK, resolution, embedding, separations)
  • Detection and verification of QR codes, barcodes and DataMatrix
  • Text analysis (corrupt characters, languages, extraction, spelling/grammar/punctuation - depending on the language)
  • Contrast with own typographic dictionary of critical terms
  • Comparison of reference content (e.g. Word/DOCX) against the design's PDF.
  • Generation and download of an audit report with findings and evidence.
  • Support tools associated with the service (e.g. terms dictionary, search/contrast history), to the extent available in the contracted subscription.

Responsibility of the User / Client / GUEST USER

The User/Client/Guest User is solely responsible for:

• The lawfulness, accuracy, integrity, and updating of the data, files, and content that they enter or upload (PDF, Word, texts, dictionaries, company/user data, etc.).
• Having the necessary rights (intellectual property, confidentiality, third-party authorization) to use and upload these materials to the Platform.
• The use they make of the reports, findings, and recommendations generated by the Service.
• The decisions to approve, reject, or send a design to print; the Service is technical support and does not replace their professional judgment or a legal/regulatory review.
• Complying with the regulations applicable to their activity (including data protection if they process personal data in the files) and not uploading illicit, malicious, or rights-infringing content.
• The custody of their access credentials and the actions performed from their account or that of their guest users.

Platform Responsibility

The Platform:

• Provides the Service of access, automated technical analysis, and reporting in accordance with the described functionality and the applicable subscription.
• Does not guarantee that the analysis will detect all errors, nor the commercial, legal, health, or regulatory suitability of the artwork.
• Assumes no responsibility for the content of the data/files provided by the User, nor for damages arising from their use, erroneous interpretation of the report, or production/printing decisions.
• Acts as a processor/technical means regarding the content hosted by the User (to the extent applicable), without obligation of general prior supervision, without prejudice to removing or blocking content when there is a legal obligation or indications of illicit use.
• Its responsibility, if any, is limited —except for fraud or gross negligence— to what is provided in the conditions (e.g., re-execution of the Service or, for paid services, the amount paid in the corresponding period). In the FREE phase, it is advisable to clarify the free nature and the reinforced limitation.

Subscriptions and payments

• 1. Service Modality
  Access to Artwork Validator is provided through a subscription associated with the User's company. The specific conditions of each plan (maximum number of designs per period, included users, report retention, or other limitations) will be those published on the Platform or on the current pricing page at any given time.
• 2. Free Plan (FREE)
  Unless otherwise indicated, registration can be done under a FREE plan, without economic consideration. This plan includes the functionalities and limits published for this modality. The Provider may modify, limit, or interrupt the FREE plan, with reasonable notice when appropriate, without generating any right to compensation.
• 3. Paid Plans
  When paid plans exist, the User (through the company's main user) may contract them according to the procedure enabled on the Platform. The price, applicable taxes, billing period, and plan limits will be displayed before confirming the contract.
• 4. Periodicity and Renewal
  Unless otherwise agreed, subscriptions will have a monthly periodicity. At the end of the period, they will automatically renew for an equivalent period, resetting the usage counters for the period (e.g., available designs), in accordance with the plan specifications.
• 5. Subscription Management
  Subscription inquiry may be available to the company's users. Modification of the plan, billing data, and payment methods will correspond, where applicable, to the main user (or whoever has equivalent privileges).
• 6. Payments and Non-Payment
  For paid plans, the User authorizes the collection of the corresponding amounts by the accepted payment methods (e.g., payment gateway). Non-payment, expiration of the payment method, or rejection of the operation may lead to the suspension or limitation of the Service until regularization, without prejudice to claiming the amounts owed.

Validity of prices and offers

The services offered on the website, and their prices, will be available for contracting as long as they are in the catalog of services displayed on said site. Users are requested to access updated versions of the website to avoid pricing errors.

Tools and programs to establish communication

Communication with the client for support services may be carried out by email.

Customer Service

Customer service at Artwork Validator is managed exclusively through electronic tickets, ensuring efficient and documented tracking of all inquiries, incidents, or requests.

Contact procedure:

• Ticket creation:
  • Users must send their inquiries through the electronic form available in the «Technical Support / Tickets» section.
  • Each request will generate a ticket with a unique reference code.
• Management and response:
  • The customer service team will handle requests in order of receipt and within the maximum applicable legal term.
  • Responses will be sent to the email associated with the User's account and will be registered in the ticket system.
• Tracking:
  • Users can check the status of their ticket at any time through their personal area on the Platform or via the link included in the confirmation email.
• Exclusions:
  • Requests made through unauthorized channels (such as social networks, telephone, or public comments on the Platform) will not be processed.
  • To ensure security and privacy, queries that include sensitive data outside the ticket system will not be processed.

Intellectual Property

Access to the service contracted by the user does not imply on the part of Artwork Process SL (Eduard Nebot i Sicart) a waiver, transmission or total or partial assignment of the rights derived from intellectual and industrial property, nor does it grant rights of use, alteration, exploitation, reproduction, distribution or public communication over these contents without prior and express written authorization, without prejudice to the right to view and obtain a private security copy of such contents, provided that said right is exercised according to the principles of good faith and provided that the intellectual and industrial property of the owner of such rights remains unaltered, is used for non-commercial purposes and exclusively for the client's personal information. The responsibility derived from the use of materials protected by intellectual and industrial property rights contained on this website will correspond exclusively to the user or client.

Personal Data Protection

The data collected through the contracting process will be processed by Artwork Process SL., Data Controller with headquarters at Masnou, 28-30, postal code 08014, Barcelona, Spain. E-Mail: support@artwork-validator.com ,for the purpose of managing and sending your order. The legal basis for this processing of your data is the execution of the sales contract for our services. Your data will be kept for the period necessary to comply with these conditions and during the limitation periods for legal liabilities. Likewise, we will use your contact data to send you communications about offers and news related to Artwork process products and services. The legal basis for this data processing is the satisfaction of the legitimate interest of the Controller in retaining and keeping its customers informed. In the event that you do not wish to receive informative communications for the aforementioned purposes, please send us an email to support@artwork-validator.com indicating that you do not wish to receive commercial communications or, you may unsubscribe through the simple and free procedure that we will indicate to you in each communication. In no case will your data be transferred to third parties except by legal imperative. In Artwork process, the following personal information capture systems exist for the development of contracting and we process the information provided by interested parties for the following purpose: Contracting form: The user has different contracting forms subject to the conditions specified in our contracting conditions for each service where contact and payment data will be required. We request the following personal data: Company name, email, CIF. We inform you that the data you provide will be located on the servers of OVH HISPANO SL (Artwork process provider) within the EU. You may exercise the rights set out below, by sending your request in writing to the email or postal address indicated above:

• Right of access to personal data: you may request information from the company about whether it is processing your data and what processing it is carrying out.
• Right to request the rectification of your data if they are incorrect or their deletion if they are no longer necessary for the purpose for which they were collected.
• Right to request the limitation of the processing of your data.
• Right to object to the processing of your data.
• Right to data portability to a new Controller.
• Right not to be subject to decisions based solely on the automated processing of your data.

In the event that you consider that there is any violation of your right to data protection on our part, you can file a complaint with the supervisory authority, which in Spain is the Spanish Data Protection Agency (www.agpd.es). Artwork Process has access to personal data of employees and/or collaborators of the companies that use the platform and that are the responsibility of the (DATA CONTROLLER), so Artwork Process will assume the obligations of the DATA PROCESSOR, in accordance with article 28 of the GDPR and which are contemplated below: THE DATA PROCESSOR and all its personnel undertake to:

• Use the personal data subject to processing only for the purpose of this engagement. Under no circumstances may you use the data for your own purposes.
• Process the data in accordance with the instructions of the DATA CONTROLLER. If the DATA PROCESSOR considers that any of the instructions infringe the GDPR or any other data protection provision of the Union or Member States, the processor shall immediately inform the controller.
• Keep, in writing, a record of all categories of processing activities carried out on behalf of the controller, which shall contain:
  • The name and contact details of the processor or processors and of each controller on behalf of whom the processor acts and, where applicable, of the representative of the controller or the processor and of the data protection officer.
  • The categories of processing carried out on behalf of each controller.
  • Where applicable, transfers of personal data to a third country or international organization, including the identification of that third country or international organization and, in the case of transfers indicated in Article 49(1), second paragraph of the GDPR, the documentation of appropriate safeguards.
  • A general description of the appropriate technical and organizational security measures being applied.

• Do not communicate the data to third parties, unless you have the express authorization of the DATA CONTROLLER, in legally admissible cases. The DATA PROCESSOR may communicate the data to other data processors of the same CONTROLLER, in accordance with the latter's instructions. In this case, the CONTROLLER will identify, in advance and in writing, the entity to which the data must be communicated, the data to be communicated and the security measures to be applied to proceed with the communication. If the PROCESSOR must transfer personal data to a third country or to an international organization, by virtue of the Union or Member State law applicable to it, it will inform the controller of this legal requirement in advance, unless such law prohibits it for important reasons of public interest.
• The DATA PROCESSOR is prohibited from subcontracting all or part of the services developed under this Contract, except for those listed below:
  • Service 1: Hosting (OVH Hispano S.L.)
  • Service 2: CRM/EMAIL (Sendinblue, Mailchimp, SMTP2GO)
  • Service 3: Storage (AWS,Wasabi).

• These services are subcontracted to third parties, adopting all mandatory security and contractual measures. In the event that THE DATA PROCESSOR requires the subcontracting of additional services to those indicated, they must request express authorization from THE CLIENT, indicating the services to be subcontracted and the identity of the company or professional with whom the subcontracting is intended to be carried out.
• Maintain the duty of secrecy regarding personal data to which they have had access by virtue of this engagement, even after its purpose has ended.
• Guarantee that persons authorized to process personal data expressly and in writing undertake to respect confidentiality and to comply with the corresponding security measures, of which they must be duly informed.
• Keep at the disposal of THE CONTROLLER the documentary evidence of compliance with the obligation established in the previous paragraph.
• Guarantee the necessary training in personal data protection for persons authorized to process personal data.
• Assist THE DATA CONTROLLER in responding to the exercise of the rights of:
  • Access, rectification, erasure, and objection
  • Restriction of processing
  • Data portability
  • Not to be subject to automated individual decision-making (including profiling)

• When affected individuals exercise their rights of access, rectification, erasure and opposition, restriction of processing, data portability and not to be subject to automated individual decisions before the DATA PROCESSOR, the latter must communicate this by email to support@artwork-validator.com . The communication must be made immediately and in no case later than the next business day following receipt of the request, together, where appropriate, with other information that may be relevant to resolve the request.
• It is the responsibility of the controller to facilitate the right to information at the time of data collection.
• Notification of data security breaches. The DATA PROCESSOR shall notify the DATA CONTROLLER, without undue delay, and in any case before the maximum period of 72 hours, and by reliable written communication, of any personal data security breaches under its responsibility of which it becomes aware, together with all relevant information for the documentation and communication of the incident. Notification will not be necessary when it is unlikely that such a security breach poses a risk to the rights and freedoms of natural persons. If available, at least the following information will be provided:
  • Description of the nature of the personal data security breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected.
  • The name and contact details of the data protection officer or other contact point where more information can be obtained.
  • Description of the possible consequences of the personal data security breach.
  • Description of the measures taken or proposed to remedy the personal data security breach, including, where appropriate, the measures taken to mitigate the possible negative effects. If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.

• It is the responsibility of the DATA PROCESSOR to communicate data security breaches to data subjects as soon as possible, when the breach is likely to result in a high risk to the rights and freedoms of natural persons. The communication must be made in clear and plain language and shall, at a minimum:
  • Explain the nature of the data breach.
  • Indicate the name and contact details of the data protection officer or other contact point where more information can be obtained.
  • Describe the possible consequences of the personal data security breach.
  • Describe the measures taken or proposed by the DATA CONTROLLER to remedy the personal data security breach, including, where appropriate, measures taken to mitigate the possible adverse effects.

• Provide the CONTROLLER with all necessary information to demonstrate compliance with its obligations, as well as for the performance of audits or inspections carried out by the CONTROLLER or another auditor authorized by them.
• Implement the necessary technical and organizational security measures to:
  • Ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.
  • Restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
  • Regularly test, assess, and evaluate the effectiveness of technical and organizational measures for ensuring the security of the processing.
  • Pseudonymize and encrypt personal data, where appropriate.
• If a data protection officer is designated, their identity and contact details will be communicated to the CONTROLLER.
• Destroy or return to the DATA CONTROLLER the personal data and, if applicable, the media on which they are recorded, once the service has been completed. The return must involve the total deletion of the data existing on the computer equipment used by the processor. However, the PROCESSOR may retain a copy, with the data duly blocked, as long as responsibilities may arise from the execution of the service.

Confidentiality

All information and documentation used during the contracting, development, and execution of the services that regulate the relationship between the PLATFORM and the USER is confidential. All information received from the client, whether images, emails, texts, access data such as usernames and passwords, will be treated confidentially, and its transfer to third parties is strictly prohibited. Information that is disclosed by agreement between the Parties, that becomes public for the same reason, or that must be disclosed in accordance with laws or a judicial resolution from a competent authority, and that obtained by a third party not under any confidentiality obligation, will not be considered confidential. Both parties undertake to comply with the duty of confidentiality indefinitely.

Limitation of liability

Artwork Validator reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on the website, its configuration and presentation, access conditions, contracting conditions, etc. Therefore, the user must access updated versions of the website. Each user of the platform is solely responsible for maintaining the confidentiality and security of their password and the website and for all activities that occur on the Platform once they have access. The user undertakes to immediately notify Artwork Validator of any security breach of the portal. Artwork Validator will not be responsible for any loss derived from the improper or unauthorized use of the Platform. The user undertakes to hold Artwork Validator harmless from claims, losses, expenses, damages and costs (including direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorney's fees as a result of any breach by the user/buyer of these conditions, whether or not considered material or immaterial; the improper use of the Services by you or any person acting on your behalf or using your account on the Platform or for any material or immaterial violation of any right, title or interests of third parties. In no case will Artwork Validator be liable for any breach of contract that occurs on your part, negligence regarding the site, the service or any content, for any loss of profits, loss of use, or actual, special, indirect, incidental, punitive or consequential damages of any kind derived from your misuse of the tools provided. The User admits that it is technically not possible to achieve 100% availability of the Platform. However, Artwork Validator will put all necessary means to keep the Platform available for the maximum time. Artwork Validator will not be responsible for damages caused by cuts in its services that are not due to a culpable or malicious action. Our sole responsibility will be to provide the services under the terms and conditions expressed in this contracting policy. Artwork Validator will not be responsible for any consequence, damage or harm that may arise from the improper use of the services provided.

Jurisdiction and applicable laws

Artwork Validator and the USER, shall be governed by Spanish legislation to resolve any controversy that may arise from the access or use of this website, and submit to the Courts and Tribunals of the city of Barcelona.