GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF DIGITAL SERVICES TO CUSTOMERS

1. PURPOSE

ULMA C y E, S. Coop., is a workers’ cooperative incorporated under Spanish law, with its registered office at Paseo Otadui 3, 20560 Oñati (Spain), and Spanish Tax Identification Number F20023065 (hereinafter, “ULMA”).

These general terms and conditions for the provision of digital services to customers (hereinafter, the “General Conditions”) establish the terms under which ULMA and/or any companies controlled by it (hereinafter, the “ULMA Companies”) will provide digital services to any of their customers (hereinafter, “Customer”).

For the purposes of the General Conditions, “digital services” shall be understood to mean any information society service provided by ULMA to the Customer, i.e., any service provided remotely via electronic means, including, but not limited to, access to online platforms, applications, or software of any kind owned by ULMA and/or licensed to ULMA by third parties, regardless of whether it is contracted directly with ULMA or through the ULMA Companies (hereinafter, the “Digital Services”). Digital Services include, but are not limited to, the myULMA customer portal, the myULMA customer ID, the UConcrete concrete curing monitoring service, and the collection of technical tools within ULMA Studio Suite.

For clarity, the General Conditions shall apply:

a) if the Customer has contracted Digital Services from ULMA and/or ULMA Companies within the scope established in the corresponding commercial offers or, where applicable, contracts;

b) if the Customer has purchased and/or leased any products marketed by ULMA and/or ULMA Companies that, in the corresponding economic and technical offers, include Digital Services, whether or not they are subject to remuneration by the Customer; or

c) if the Customer or any other person uses the Digital Services for any reason other than those listed above.

For the purpose of determining the companies controlled by ULMA, the provisions of Article 42 of the Spanish Commercial Code shall apply.

The commercial offers of ULMA and/or ULMA Companies may include specific conditions, without prejudice to the provisions of the General Conditions and the Additional Conditions (as defined in the following article).

2. ADDITIONAL CONDITIONS FOR CERTAIN DIGITAL SERVICES

Some Digital Services may be subject to additional conditions (hereinafter, the “Additional Conditions”) beyond those set forth in these General Conditions.

These Additional Conditions are attached as annexes to the General Conditions, and their content prevails over the provisions of the body of the General Conditions.

For all purposes, all references to the General Conditions throughout the body of these General Conditions shall be understood to include the Additional Conditions, where applicable.

3. ACCEPTANCE OF THE GENERAL CONDITIONS AND MODIFICATION

The mere access to any Digital Service by the Customer or by any users, employees, administrators, and/or service providers working for the Customer who log in with a username and password to the Digital Services (hereinafter, the “Users”) implies that the Customer and, where applicable, the Users, enter into a contract and accept all the terms of these General Conditions and, as applicable, the corresponding service offers.
IF THE CUSTOMER AND/OR THE USERS DO NOT ACCEPT THE GENERAL CONDITIONS, NEITHER THE CUSTOMER NOR THE USERS MAY ACCESS THE DIGITAL SERVICES.

ULMA may modify the General Conditions to reflect changes in ULMA’s business, applicable law, or for any other reasons ULMA deems necessary. If the terms of the General Conditions are modified, ULMA or, where applicable, the ULMA Companies, will notify through their Digital Services and/or by any other legally permissible means. Unless applicable law provides otherwise, modifications to the General Conditions will apply once the changes have been published or when notification has been made by any other means. However, modifications to the General Conditions will not apply retroactively. If the Customer and/or, where applicable, the Users do not agree with the modifications made to the General Conditions, the Customer and the Users must immediately stop using the Digital Services.

4. CONTENT AND DATA GENERATED BY THE DIGITAL SERVICES

The Digital Services may allow users to access and/or download data, upload information, receive notifications of new content and commercial information from ULMA, from ULMA Companies, and to access and/or download specific solutions based on software or software executables. Consequently, the Digital Services may include information created and published by ULMA and/or ULMA Companies (hereinafter, “ULMA Content”), by the Users and/or Customers (hereinafter, “User Content”) or third parties, such as text, images, photographs, graphics, audio, video, data, code, and software (hereinafter, ULMA Content, User Content, and third-party content will be collectively referred to as “Content”).

ULMA does not claim ownership of User Content that any User and/or Customer publishes, uploads, enters, or submits to any Digital Service. By the mere act of publishing, transmitting, or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or post on the Digital Services, the Customer and, where applicable, the Users, grant ULMA and/or, where applicable, the corresponding ULMA Companies a perpetual, irrevocable (subject to applicable personal data protection laws), non-exclusive, worldwide, and royalty-free license to use the User Content, limited to what is necessary to improve, expand, operate, and maintain the Digital Services, and explicitly represent that they have the right to do so and are not restricted by any rights or agreements with third parties.

The Customer and, where applicable, the Users, acknowledge and agree that the relationship between the Customer and ULMA and between ULMA and the Users is not confidential, fiduciary, or similar. Nothing in the General Conditions prohibits or restricts the right of ULMA and/or the ULMA Companies to create or obtain User Content that is similar to or competitive with the User Content provided by the Customer and/or the Users.

Data generated by the provision of the Digital Services that does not constitute personal data and/or User Content (hereinafter, the “Data Generated by the Provision of Digital Services”) will be considered the property of ULMA to the fullest extent permitted by law, and ULMA may exploit it in any manner it considers appropriate at any time, including but not limited to expanding, improving, operating, and maintaining the Digital Services.

Without prejudice to the provisions regarding personal data in clause 11, ULMA and/or the ULMA Companies will not be required to store the Data Generated by the Provision of Digital Services once those Digital Services have ended, as indicated in clause 9.

The Users and/or the Customer may only use the ULMA Content and the Data Generated by the Provision of Digital Services for the purposes set out in the corresponding commercial offers or, as applicable, contracts.

5. USE OF DIGITAL SERVICES WITHOUT PREJUDICE TO THE CUSTOMER’S AND USERS’ OBLIGATIONS IN CONSTRUCTION

THE USE OF DIGITAL SERVICES AND, IN PARTICULAR, ACCESSING, DOWNLOADING, OR UPLOADING ANY TYPE OF CONTENT, IS WITHOUT PREJUDICE TO (AND DOES NOT EXEMPT FROM) THE OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMER AND/OR THE USERS UNDER THE APPLICABLE LAW FOR THE CORRESPONDING CONSTRUCTION PROJECT AND/OR WORK, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS RELATED TO OCCUPATIONAL RISK PREVENTION.

The provision of Digital Services by ULMA does not mean that ULMA or the ULMA Companies assume any liability for the Customer’s and/or Users’ compliance with the obligations indicated in the previous paragraph.

6. PERMITTED USES OF DIGITAL SERVICES AND USER CONTENT

Neither the Customer nor the Users may use the Digital Services in a way that could damage, disable, overload, or impair any ULMA server or the network(s) connected to any ULMA server, or interfere with any third party’s use and enjoyment of the Digital Services. Neither the Customer nor the Users may attempt to gain unauthorised access to the Digital Services, computer systems, or networks connected to any ULMA server, whether through hacking, password mining, or any other means. Neither the Customer nor the Users may obtain or attempt to obtain any content or information in any way other than that intentionally made available through the Digital Services.

The Customer and the Users agree that they may not use the Digital Services to:

publish, upload, post, email, transmit, or otherwise make available any User Content that (a) the relevant person does not have the right to make available; (b) is illegal, harmful, vulgar, obscene, promotes hate or is racist, ethically objectionable, or otherwise questionable; (c) infringes the Intellectual Property Rights of others; (d) includes, unsolicited or unauthorised, advertising, promotional content, surveys, spam, chain letters, or any form of request, whether commercial or not; or (e) includes a computer virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any computer file or software designed to interrupt, destroy, damage, or limit the functionality of any computer, hardware, software, or other property;

defame, harass, abuse, threaten, or violate the rights of third parties such as the right to privacy, fair publicity, or freedom of enterprise;

impersonate any person or entity, including but not limited to, a representative of ULMA Companies, an employee of ULMA Companies, or any other third party, or falsely state or misrepresent their relationship with any person or entity;

forge email headers or manipulate identifying data in any way to disguise the origin of any User Content transmitted through the Digital Services;

download any file or User Content posted by another user that the Customer and/or the Users know, or reasonably should know, may not be reproduced, displayed, or distributed in that way according to law;

interfere with or destabilise the servers or networks supporting the Digital Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Digital Services;

violate any local, regional, national, or international law or regulation;

harvest, collect, or store personal data or information from other users.

7. SOFTWARE

Access to and any use of any software or related documentation, including developer tools, sample code, and any application, programme, interface, or information provided through the Digital Services or their updates (hereinafter collectively referred to as “Software”) is governed by the General Conditions and, where applicable, by the corresponding licence and/or end-user agreements.

The Software may not be modified or altered, decompiled, or subjected to reverse engineering by the Customer and/or the Users, and the Customer and/or the Users may not distribute the Software.

All ULMA Software constitutes works protected by ULMA’s copyright. Copying, distributing, modifying, displaying, or publicly performing works protected by copyright, including ULMA Software, constitutes an infringement of the copyright of the respective owner

Under no circumstances will ULMA grant access, nor will the Customer and/or the Users have access, to the source code of the Software.

8. PRICE OF DIGITAL SERVICES

The price of the Digital Services (hereinafter, the “Price”) will be established, where applicable, by ULMA and/or the corresponding ULMA Companies through the relevant service offer.

The payment terms of the Price by the Customer will be established in the corresponding service offer entered into with ULMA and/or the corresponding ULMA Companies.

9. CESSATION, SUSPENSION, LIMITATION AND/OR TERMINATION OF DIGITAL SERVICES

The Digital Services will have the duration established in the corresponding service offer.

ULMA may cease, suspend, limit access to the Digital Services by the Customer and/or the Users and/or terminate the contract in case of breach of the General Conditions by any of them, in particular for non-payment of the Price.

Furthermore, and without prejudice to the foregoing, ULMA may, unilaterally and without any justification, decide to cease, suspend, or limit access to all or part of the Digital Services, or to any Content. In the event of unilateral termination by ULMA, the Customer will be entitled to a proportional refund of the Price corresponding to the remaining contractual period at the time of termination.

ULMA will not be liable to the Customer, the Users, or third parties for such cessation, suspension, or limitation, whether unilateral or caused by breaches of the Customer and/or the Users.

10. CONFIDENTIAL INFORMATION

The Customer and, where applicable, the Users, agree not to reproduce any Confidential Information they access through the Digital Services in any form except as authorised at the time it is disclosed. Any reproduction of the Confidential Information will be the property of ULMA, the ULMA Companies, or the third party that prepared such information and must include all confidentiality or ownership notices appearing in the original. The Customer and the Users agree to: (a) take all reasonable measures (as defined below) to keep the Confidential Information strictly confidential; (b) use the Confidential Information exclusively in the manner authorised at the time it is disclosed; and (c) not disclose any Confidential Information to any party without the prior written authorisation of ULMA, the ULMA Companies, or the third party that prepared such information. Neither the Customer nor the Users will acquire any rights in respect of the Confidential Information except for the limited rights described in this clause. Under no circumstances will the Customer or the Users use the Confidential Information to create, enhance, modify, rent, lend, sell, distribute, or create derivative works based on the Digital Services and/or other products and services of ULMA and/or the ULMA Companies, or compete with the Digital Services or any other products and services of ULMA and/or the ULMA Companies in whole or in part.

For these purposes, “Confidential Information” means all trade secrets, intellectual or industrial property, and other information of ULMA, the ULMA Companies, and/or third parties protected against indiscriminate disclosure to third parties that is (i) marked as confidential or (ii) reasonably identifiable as confidential based on the type of information and the manner in which it is disclosed. ULMA's Confidential Information includes, but is not limited to, product catalogues, user guides, support guides and plans belonging to ULMA and/or ULMA Companies.

“reasonable measures” means those measures that the Customer takes to protect its own Confidential Information, which will not be less than those that a prudent businessperson would take.

ALL USER CONTENT THAT THE CUSTOMER AND/OR THE USERS PUBLISH ON THE DIGITAL SERVICES IS PUBLISHED AT THEIR OWN RISK, AND NEITHER ULMA NOR THE ULMA COMPANIES WILL BE LIABLE FOR THE PROPER OR IMPROPER USE OF SUCH CONTENT BY ANY OTHER USER OF THE DIGITAL SERVICES.

Their confidentiality obligations under the General Conditions will continue indefinitely after the cessation, suspension, and/or limitation of the Digital Services. If the provision of the Digital Services is ceased, suspended, or limited by ULMA for any reason, or if ULMA so requires, the Customer and the Users must stop using the Confidential Information and destroy or return all Confidential Information disclosed through the Digital Services that they possess or that is under their control.

11. PRIVACY AND PERSONAL DATA PROTECTION

ULMA and the ULMA Companies will comply with the legislation relating to personal data protection applicable in the relevant jurisdictions in each case, each fulfilling its obligations in accordance with the applicable law.

The conditions relating to personal data in the Digital Services and the exercise of your rights in relation thereto in accordance with applicable law are set out in the Privacy Policy corresponding to each Digital Service.

The Customer and the Users consent to ULMA and/or the ULMA Companies contacting them in order to carry out any maintenance, monitoring, improvement, or sale functions relating to the Digital Services, although neither ULMA nor the ULMA Companies will be obliged to do so.

12. INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means patents of any kind, designs, utility models, or any other type of rights related to inventive activity, copyrights, trademarks, trade secrets, or confidentiality rights, as well as any other rights over any of the foregoing, in any country, whether established by operation of law or contractually, whether or not perfected, that exist, have been applied for, issued, or acquired.

All Intellectual Property Rights in any Digital Service, including but not limited to applications, developments, ULMA Software, websites, any ULMA Content, or any User Content, belong to ULMA and/or the person who has published them. Nothing in these General Conditions may be interpreted as granting the Customer and/or the Users the right to modify, copy, transmit, display, reproduce, publish, create derivative works, transfer, or sell any ULMA Software, any ULMA website, any ULMA Content, or any User Content for any reason, except where expressly permitted by the General Conditions or by law.

By means of these General Conditions, the Customer and, where applicable, the Users irrevocably assign, without any geographical or time limitation and free of charge, and ULMA accepts such free assignment, of any modification or work based on ULMA Software, any website, or any ULMA Content that they may carry out in breach of the provisions of this clause, to the fullest extent permitted by law.

13. LIABILITY FOR CONTENT AND LINKS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE USE OF CONTENT WILL BE AT YOUR OWN RISK. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity that provides such Content. ULMA and/or the ULMA Companies do not provide any guarantee or endorsement that Content provided by third parties through the Digital Services is accurate, reliable, complete, usable, does not infringe third-party intellectual or industrial property rights, or as to its quality or any other warranty. ULMA may remove any Content published on the Digital Services at ULMA’s discretion. If YOU hold copyright in any Content and consider that your rights are being infringed on any Digital Service, please notify ULMA.

The Digital Services may contain links to external websites. Neither ULMA nor the ULMA Companies will be responsible for the content of any linked website or for any changes or updates to such websites. In addition, neither ULMA nor the ULMA Companies will be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any software, content, goods, or services available through such linked websites. Neither ULMA nor the ULMA Companies control and/or review links to websites or the information provided by third parties.

14. INDEMNITY

The Customer and, where applicable, the Users agree to indemnify ULMA and to hold ULMA, the ULMA Companies, their directors, agents, partners, employees, and licensors harmless from and against any claim or demand, including reasonable legal fees, made by any third party arising out of or in connection with: (a) their User Content or their use of the Digital Services; (b) their breach of the General Conditions; (c) their unauthorised use of ULMA Intellectual Property Rights; or (d) the alleged infringement of any other third-party rights by the Customer and, where applicable, the Users.

15. DISCLAIMER OF WARRANTIES

The Digital Services are provided to the Customer and, where applicable, to the Users as they are (“AS IS”). To the fullest extent permitted by law, neither ULMA nor the ULMA Companies guarantee any functionality, integrity, availability, or quality of the Digital Services or of any Content, nor do they make any commitment regarding any other characteristics thereof. The statements and explanations on the websites of ULMA and/or the ULMA Companies and in the Content, in promotional materials or in documentation are provided for information purposes only and do not constitute a warranty of any functionality. The Customer and, where applicable, the Users should not understand that any warranty or commitment is given in respect of any description or advertisement by ULMA unless ULMA confirms such warranty in writing.

16. LIMITATION OF ULMA’S LIABILITY

Neither ULMA nor the ULMA Companies will be liable in any way for any Content published on or linked from the Digital Services, including, but not limited to, errors or omissions in the Content, or for any loss or damage of any kind incurred as a result of using or relying on any Content or other content accessed through the Digital Services and provided by a third party.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ULMA AND/OR THE ULMA COMPANIES FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, PENALTIES OR COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL FEES AND COURT COSTS) ARISING (I) IN RELATION TO OR IN CONNECTION WITH THESE GENERAL CONDITIONS OR IN RELATION TO THE PERFORMANCE OF ANY OBLIGATIONS UNDER THESE GENERAL CONDITIONS, OR (II) IN RELATION TO OR IN CONNECTION WITH THE BREACH OF ANY WARRANTIES, REPRESENTATIONS OR COMMITMENTS MADE BY ULMA AND/OR THE ULMA COMPANIES TO THE CUSTOMER AND/OR THE USERS UNDER THIS AGREEMENT, WILL BE LIMITED TO, AT MOST, THE ANNUAL PRICE OR ROYALTY PAID BY THE CUSTOMER FOR THE DIGITAL SERVICES. IF NO PRICE HAS BEEN PAID, THE MAXIMUM LIABILITY INDICATED ABOVE WILL BE DEEMED TO BE FIVE THOUSAND EUROS (€5,000.00).

TO THE FULLEST EXTENT PERMITTED BY LAW, ULMA, THE ULMA COMPANIES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO ANY CUSTOMER, DEPENDANT PERSON AND/OR USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, TURNOVER, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ULMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), REGARDLESS OF WHO CAUSED THEM, AND REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE CLAIMED, ARISING FROM OR RESULTING FROM: (I) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL SERVICES, ULMA WEBSITES, ULMA SOFTWARE, ULMA CONTENT, OR ANY MALFUNCTION, DEFECT OR BUG IN ANY OF THE FOREGOING; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, ANY ULMA SOFTWARE, ULMA CONTENT OR ULMA WEBSITE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, MESSAGES OR CONDUCT OF THIRD PARTIES ON A ULMA WEBSITE; OR (V) ANY OTHER MATTER RELATING TO A ULMA WEBSITE OR ULMA CONTENT. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS WILL NOT APPLY IN CASES OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE BY ULMA AND/OR THE ULMA COMPANIES.

The liabilities and, consequently, the obligations to compensate arising from the General Conditions for ULMA and the ULMA Companies will expire one (1) year from the date on which the event giving rise to the claim occurred.

17. FORCE MAJEURE

“Force Majeure Events” will mean any event or circumstance beyond the control of the parties or any other contingency that cannot be foreseen or that, if foreseeable, is unavoidable, including, but not limited to, the following: (i) health crises, such as pandemics, epidemics and serious contamination situations; (ii) natural disasters; (iii) prolonged interruption of electricity, telecommunications or transport; (iv) war; (v) embargo; (vi) strikes; (vii) shortages of raw materials; (viii) lockouts or labour unrest; (ix) delays caused by carriers or delays or cessation of services by the Parties' suppliers. In no case will financial or payment difficulties be considered Force Majeure.

If a party is prevented from fulfilling its obligations under the contract due to a Force Majeure Event, the affected party will notify the other party immediately or as soon as reasonably possible of the start date and the estimated duration of the Force Majeure Event, stating the reasons. In all cases, the deadlines set out in the contract will be automatically extended for the duration of the Force Majeure Event.

Once the above notification has been made, the obligations of the parties will be suspended for the duration of the Force Majeure Event, and the affected party will not incur any liability towards any other party in relation thereto. The parties will not be entitled to recover any costs incurred as a result of a Force Majeure Event. For the avoidance of doubt, such suspension will not affect payment obligations accrued prior to the Force Majeure Event.

If, due to a Force Majeure Event, the contract is suspended for at least six (6) consecutive months or one (1) non-consecutive year, either party will be entitled to terminate the contract, and the parties will have no liability to each other as a result of such termination, nor will the other party be entitled to any further compensation, indemnity or penalty.

18. REGULATORY COMPLIANCE AND TRADE SANCTIONS

ULMA is committed to regulatory compliance and has implemented a Compliance System, which includes a Code of Ethics and procedures for compliance with international commercial penalties. You can find more information at https://www.ulmaconstruction.com/es/ulma/sostenibilidad or contact the relevant ULMA Company.

In this regard, the Digital Services may not be accessed or used by nationals, countries or groups against which the European Union and/or the United States of America have instituted sanctions.

Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Digital Services, access to a ULMA website, including the use of any username or password, constitutes the express declaration by the Customer and the Users that the person attempting to access it and/or their employer and/or their beneficial owner: (1) are not subject to the aforementioned sanctions; and (2) are not prohibited by the European Union or the United States of America from participating in commercial transactions. The Customer and any Users will be fully liable for any breach of the provisions of this clause.

19. NON-WAIVER AND SEVERABILITY

Failure by ULMA and/or the ULMA Companies to exercise or enforce any right or provision of the General Conditions will not constitute a waiver of such right or provision. If any provision of this Agreement is declared null and void, ULMA will update the General Conditions in accordance with the provisions of clause 3.

20. ENTIRE AGREEMENT

The General Conditions represent the entire understanding between the Customer, the Users and ULMA and/or the ULMA Companies in relation to their subject matter and supersede and replace any prior agreement, commitment or understanding (whether oral or written) in relation to such subject matter, without prejudice to any specific conditions agreed between the Customer and ULMA and/or the ULMA Companies.

21. APPLICABLE LAW AND DISPUTE RESOLUTION

If the Customer is resident in a European Union Member State other than the Kingdom of Spain, the Digital Services and the General Conditions will be governed by the national law of the ULMA Company from which the Digital Services were contracted, in its capacity as provider of electronic services, in accordance with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), and the competent court will be determined according to such law.

If the Customer is resident in the Kingdom of Spain or anywhere outside the European Union, Spanish law will govern the Digital Services and the General Conditions, and the courts of Bergara, Spain will have jurisdiction to resolve disputes between the Customer, and, where applicable, the Users, and ULMA and/or the Subsidiary Companies in relation to the Digital Services and the General Conditions.

ANNEX 1. ADDITIONAL CONDITIONS RELATING TO THE MYULMA CUSTOMER PORTAL AND MYULMA CUSTOMER ID

In the event that the Customer and/or the Users access the myULMA customer portal, the myULMA customer ID, or use these Digital Services from any of the following countries or territories, the specific conditions indicated below will apply.

1. UNITED MEXICAN STATES

The applicable law in the United Mexican States regarding privacy and personal data processed in the United Mexican States under the General Conditions will be the Federal Law on Protection of Personal Data Held by Private Parties.
Amounts indicated in Euros or other currencies in the General Conditions will be understood as referenced to their equivalent in Mexican Pesos.

2. REPUBLIC OF PERU

The applicable law regarding privacy and personal data processed in the Republic of Peru under the General Conditions will be the Personal Data Protection Law, Law No. 29733, and other applicable regulations.
Amounts indicated in Euros or other currencies in the General Conditions will be understood as referenced to their equivalent in Peruvian Soles.

3. BRAZIL

The General Data Protection Law (LGPD), Law No. 13.709/2018, is the Brazilian legislation that establishes the rules for the processing of personal data by public and private entities. Its main objective is to safeguard the privacy and fundamental rights of individuals.
The law defines how personal data must be collected, stored, processed, and shared, promoting security and transparency in the handling of such information. myULMA fully complies with the LGPD and strictly adheres to its legal requirements, ensuring the responsible and secure use of personal data.

4. ITALY

1. Article 3: “In accordance with Articles 1341 and 1342 of the Civil Code, acceptance is considered finalised with the specific approval of the unfair terms indicated below”;
2. Article 5: “The provision of digital services does not entail ULMA assuming any responsibility for occupational safety and risk prevention (Legislative Decree 81/2008), the obligations of which remain exclusively with the Customer”.
4. Article 11: “‘ULMA will process personal data in accordance with the GDPR and the Italian Privacy Code (Legislative Decree 196/2003), as per the attached privacy policy’”.
5. Article 21: “The contract is governed by Italian law. Any dispute concerning the validity, interpretation or execution of the contract shall be settled exclusively by the Court of Verona”.

Pursuant to and for the purposes of Articles 1341 and/or 1342 of the Italian Civil Code, the Customer declares that they have read and understood the above general terms and conditions and expressly approve the following clauses:

Art. 3 (Right to unilaterally amend the general terms and conditions)
Art. 16 (Limitation of ULMA's liability, maximum compensation and annual limitation period)
Art. 9 (Right to suspend services)
Art. 21 (Applicable law and jurisdiction)
Annex UCONCRETE (Exclusion of technical guarantees)

ANNEX 2. CONDITIONS RELATING TO UCONCRETE.

uConcrete is a real-time concrete monitoring service for estimating strength development, provided in accordance with the Special Conditions and these General Conditions.

THE DATA PROVIDED BY UCONCRETE CONSTITUTE MERE ESTIMATES AND ARE INTENDED EXCLUSIVELY FOR TECHNICAL GUIDANCE PURPOSES. ALTHOUGH UCONCRETE HAS BEEN DEVELOPED WITH ACCURACY AND RELIABILITY CRITERIA, THE DATA GENERATED MAY BE SUBJECT TO VARIATIONS DEPENDING ON THE CONDITIONS OF EACH PROJECT. UCONCRETE DOES NOT CONSTITUTE A DEFINITIVE VALUE REGARDING THE BEHAVIOUR OF CONCRETE IN ANY GIVEN SITUATION.

THE USE OF UCONCRETE DOES NOT IN ANY CASE REPLACE PROFESSIONAL TECHNICAL ASSESSMENT REQUIRED BY LAW OR APPLICABLE STANDARDS FOR THE PARTIES INVOLVED IN CONSTRUCTION, AND ULMA WILL NOT ASSUME ANY LIABILITY IN THIS REGARD.