SOFTWARE AS A SERVICE (SaaS) AGREEMENT

This agreement for METACLEANER® software as a service is performed between the following parties:

ON THE FIRST PART, ITSON GROUP LTD (hereinafter, ITSON), with Company Number NI718987, registered office address at Office 517 Unit 6, 100 Lisburn Road, Belfast, United Kingdom, BT9 6AG.

ON THE SECOND PART, THE SUBSCRIBER that contracts the METACLEANER® software as a service offered through the website owned by ITSON.

The acceptance of the Present Agreement presupposes:

• That the Subscriber has understood and comprehended its content.
• That the undersigned has sufficient legal capacity to subscribe on behalf of THE ENTITY they represent.
• That they assume all the terms and conditions set forth herein.
• That they accept and acknowledge our Privacy Policy, Legal Notice, and Cookies Policy.
• That these terms have binding force between the parties, ITSON as provider of METACLEANER and THE ENTITY as subscriber.

The license for use of the METACLEANER® software as a service is addressed to Companies, Associations, Public Administrations, and end consumers.

This Agreement is based on the following TERMS AND CONDITIONS:

1. DESCRIPTION OF THE SERVICE

   The service provided by ITSON to the SUBSCRIBER under this agreement is the use of the METACLEANER® software as a service, consisting of an online metadata cleanup tool.

   Main characteristics:

   • Compatibility with multiple types of files (Multimedia, PDF, Office, etc).
   • Simple and intuitive interface.
   • Speed of metadata cleanup.
   • 100% online.
   • Encrypted communications to guarantee confidentiality.

2. GRANT OF LICENSE OF ACCESS AND USE OF THE SERVICE

   • ITSON grants the SUBSCRIBER, including all its authorized Users, a license to use the METACLEANER® software as a service.
   • The subscription to METACLEANER® does not entitle the SUBSCRIBER or its users to market, license, sublicense, lease, rent, sell, resell, transfer, assign, distribute, or otherwise exploit the service without authorization.
   • The SUBSCRIBER shall not modify, reverse engineer, audit, or breach any security features of METACLEANER®.
   • The SUBSCRIBER is responsible for ensuring compliance with these terms by all authorized users.
   • Notification to ITSON of any irregularity or unauthorized access is mandatory. ITSON reserves the right to unilaterally terminate service in case of breach.

3. PLANS FOR THE USE OF METACLEANER®

   All personal data collected shall be handled in accordance with our Privacy Policy.

   Ownership of METACLEANER® remains with ITSON.

   3.1. Free Plans:

   UNREGISTERED USERS

   • File size limit: 5 MB.
   • Traffic limit: 5 files/day.
   • Access via web only.

   REGISTERED USERS

   • File size limit: 5 MB.
   • Traffic limit: 20 files/day.
   • Access via web only.

   3.2. Payment Plans:

   BASIC PLAN

   • File size limit: 30 MB.
   • Traffic limit: 1 GB/month.
   • Web access only.

   ADVANCED PLAN

   • File size limit: 50 MB.
   • Traffic limit: 10 GB/month.
   • Access via web/3 API apps.

   ENTERPRISE PLAN

   • File size limit: 50 MB.
   • Traffic limit: 100 GB/month.
   • Access via web/unlimited API apps.

   3.2.1. Rate:

   Type of Plan	Rate per month
   Basic Plan	5 €/month
   Advanced Plan	30 €/month
   Enterprise Plan	50 €/month

   3.2.2. Payment:

   Payment via credit card or direct debit.

   3.2.3. Expiration:

   Monthly expiration.

   3.2.4. Taxes:

   Prices include all applicable taxes.

   3.2.5. Suspension of Service:

   ITSON may suspend services for breach, security needs, scheduled maintenance, force majeure, or technical problems. Prior notice will be provided unless impossible.

4. TECHNICAL SUPPORT

   • Subscribers of payment plans will have telephone or electronic assistance during business hours.
   • Subscribers of free plans will have access through the online form.

5. LEVEL OF SERVICE

   5.1. Applicable Levels:

   5.1.1. Availability:

   • 99.9% availability.
   • 20,000 requests per second.
   • 45 Gb/s guaranteed bandwidth.

   5.1.2. Continuity:

   Restoration within 8 hours of serious incident.

   5.1.3. Capacity:

   ITSON will manage capacity increases with SUBSCRIBER's express authorization.

   5.1.4. Incident Management:

   Task	Response time	Resolution time
   Requests	24 hours	1 week
   Normal Incident	16 hours	48 hours
   Critical Incident	8 hours	24 hours

   Support available Monday to Friday (non-holidays), 8:00 a.m. to 6:00 p.m. (GMT+1).

   5.2. Maintenance:

   Scheduled maintenance will be notified via email.

   5.3. Monitoring:

   Real-time monitoring available through the control panel.

   5.4. System Availability:

   Excludes scheduled maintenance, force majeure, malicious attacks, user issues, or SUBSCRIBER acts.

6. CLAUSE OF CONFIDENTIALITY (Art. 5 UK GDPR)

   ITSON will maintain confidentiality of personal data according to applicable regulations.

7. STATISTICAL INFORMATION

   ITSON may collect anonymous statistical information for performance improvement without identifying the SUBSCRIBER.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

   All rights over METACLEANER® remain exclusively with ITSON.

   No rights are transferred to the SUBSCRIBER.

9. SUBSCRIBER OBLIGATIONS

   9.1. Hardware Obligations:

   • Maintain necessary computer hardware and software.
   • Pay third-party access charges.

   9.2. Utilization of Services:

   • Comply with all applicable laws.
   • Use the Service solely for permitted purposes.

10. RESTRICTED USES

    The SUBSCRIBER shall not:

    • Upload viruses.
    • Reverse engineer the Service.
    • Overload the Service.
    • Access or misuse other customers' data.
    • Publish illegal or harmful material.

11. OBLIGATIONS OF CONFIDENTIALITY

    Both parties must maintain the confidentiality of sensitive information even after termination.

12. BEGINNING OF EFFECTIVENESS OF THIS AGREEMENT

    The Agreement becomes effective upon subscription.

13. TERMINATION

    13.1. Conditions for Termination:

    • SUBSCRIBER may cancel via control panel. No refunds for paid subscriptions.
    • ITSON may terminate with 30 days' notice.

    13.2. Termination for Non-Payment:

    Immediate discontinuation of service without prior notice.

    13.3. Data Recovery:

    30 days available for retrieving usage data after termination.

14. COMPENSATION

    14.1. Lack of Service:

    Compensation at 100% for full downtime days, partial compensation will not be available.

    14.2. Requirements:

    Applies only if service failure is not caused by SUBSCRIBER actions or force majeure.

15. RESPONSIBILITY

    • ITSON is not responsible for misuse by the SUBSCRIBER or users. SUBSCRIBER is responsible for intellectual property infringement.
    • ITSON is not liable for indirect damages caused by system failures.

16. GENERAL PROVISIONS

    16.1. Efficacy:

    Represents the full agreement between the parties.

    16.2. Modifications:

    ITSON may amend the agreement with 30 days' notice.

    16.3. Assignment:

    Assignment requires prior written consent.

    16.4. Notification:

    Communications via provided email and telephone.

    16.5. Applicable Law and Jurisdiction:

    This Agreement is governed by the laws of Northern Ireland.

    Jurisdiction belongs to the courts of Northern Ireland.

    16.6. Force Majeure:

    Neither party is liable for performance delays due to causes beyond reasonable control.

17. DEFINITIONS

    17.1. Subscriber:

    User who registers to use the METACLEANER® software as a service and who accepts the present terms and conditions of use of the service that constitutes the contract between the parties.

    17.2. Users:

    Number of uses with Access chosen by the SUBSCRIBER in their organization, to use the METACLEANER® software as a service.

    17.3. Entity:

    Organization, corporation, company, society, governmental authority, company, association to which the SUBSCRIBER represents.

    17.4. Privacy Policy:

    Policy on data protection that ITSON performs on personal data that may be collected through this website and/or the dashboard of the application.

    17.5. Legal Notice:

    Information about this website based on the Law of Services of the Information Society and Electronic Commerce.

    17.6. Cookies Policy:

    Information about the cookies used by this website.

    17.7. Intellectual and Industrial Property:

    Rights that correspond to its creators on their Works and inventions, including computer programs and:

    • Service brands and designs, including all requests and registrations.
    • Copyright in general.
    • Business secrets and confidential information.
    • Patents, applications and registrations.
    • Websites and domain name registrations.
    • Trademarks, interests, formats, graphic designs and images, documents and texts including applications and records.

    17.8. Commercial Secrets:

    All confidential information that the parties cannot disclose to third parties without express authorization.

    17.9. Level of Service:

    Description of availability of the METACLEANER® service.

    17.10. Free Plans:

    Licenses to use the METACLEANER® service that are not subject to payment.

    17.11. Payment Plans:

    Licenses to use the METACLEANER® service subject to payment conditions.

    17.12. TB (terabyte):

    It is a unit of computer capacity measurement, whose symbol is TB, and is equivalent to 1.000 GBs (gigabyte).

    17.13. Control Panel:

    Control panel of the SUBSCRIBER that allows you to manage the mode of use of the METACLEANER® software as a service, payment modalities and cancellation of the service.

    17.14. Business day:

    Excluding Saturdays, Sundays and nationwide holidays (Northern Ireland).

    17.15. Data:

    Means all the data that THE SUBSCRIBER creates with or uses with the Service, or that are related to the use of the Services.

    17.16. Applicable law:

    Means applicable regulations in the interpretation of this Agreement.

    17.17. Availability of the system:

    It is defined in section 5.4 of this Agreement.