Legal notice v3

HacknPlan Legal notice v3, applicable December 11th, 2023.  Previous versions: v2 v1

Leer en Español

This document covers the following topics:

  1. Website owner
  2. Freemium service
  3. Use of the Website
  4. Interruptions in the operation of the Website
  5. Disclaimer
  6. Intellectual and Industrial Property
  7. Linking Policy
  8. Breach. Right of Exclusion
  9. Protection of Personal Data
  10. Modification of the present terms
  11. Applicable law

The website https://hacknplan.com/ (hereinafter, the Website) provides information on the web application HacknPlan, intended for professionals in the video game industry and consisting of a project management solution that can be contracted online. Said tool is accessible from the browser and allows registered users to collaboratively plan their projects with other members of their team, accessing different functionalities depending on the contracted plan.

1. Website owner:

The owner of the Website is the commercial company Mad Cactus Digital, S.L., with registered address at c/ de la Alameda nº 22, 28014, Madrid (Spain), with NIF: B10709020, duly registered in the Mercantile Registry of Madrid in volume 4339, page 190, section 8, sheet M-768841. Hereinafter, Mad Cactus Digital.

Mad Cactus Digital is the owner of the registered trade name “HacknPlan” in force before the Spanish Patent and Trademark Office with file nº N0408300.

You can directly and effectively contact Mad Cactus Digital at the email address  contact@hacknplan.com.

2. Freemium service:

HacknPlan’s services are offered under the freemium model, consisting of offering basic services for free, while other more advanced or special services are subject to payment of consideration, as it is established in the Terms of Service of contracting HacknPlan.

3. Use of the Website:

3.1. Language:

The content provided on the website is in English, without prejudice to the fact that legal information may be available in Spanish and English.

3.2. Adequate Use of the Website:

The user agrees at all times to make appropriate use of the resources that Mad Cactus Digital makes available to them, in accordance with what is provided here and always respecting morality, public order, good customs, and current legality, without causing damage to the physical and logical systems of Mad Cactus Digital or third parties, refraining from using such resources to engage in illegal activities, contrary to good faith or public order, to spread computer viruses or any other physical or logical systems that may cause damage.

The user will use the Website under their sole responsibility for the intended purposes and through the functionalities made available to them. Any other use of the Website or HacknPlan will authorize Mad Cactus Digital to suspend the user’s use and even cancel their user account.

The use of screen scraping, web scraping, or any other programming technique or similar that allows the extraction of information or data hosted, stored or accessible on the Website or on HacknPlan without express written authorization from Mad Cactus Digital is expressly prohibited.

3.3. Participation on the Website:

In the event that your participation on the Website is permitted by posting comments or generating content, it is absolutely forbidden to make illegal, racist, xenophobic, terrorist apologist, human rights violating or hate-inciting publications, which violate the dignity of the person or are injurious, defamatory or against public order or security.

Mad Cactus Digital reserves the right to remove all those comments and/or content that do not comply with the above or that are not suitable for publication on the Website.

In any case, Mad Cactus Digital will not be responsible for the opinions expressed or for the content published by users through the forums, chats, blogs, or other participation tools that may be created, except as expressly provided by applicable regulations.

4. Interruptions in the operation of the Website:

Mad Cactus Digital does not guarantee that there will be no interruptions or errors in access to the Website. However, there is a firm commitment, as soon as Mad Cactus Digital becomes aware of such incidents, to carry out all actions aimed at their restoration or repair, except for the occurrence of causes beyond Mad Cactus Digital’s control that make it impossible or difficult to execute.

5. Disclaimer:

Unless expressly stated otherwise in these conditions or in the applicable legislation, and only to the extent and scope required by law, Mad Cactus Digital will only be liable for direct damages suffered by the user, and only when they have been caused by attributable to the operation of the Website.

Mad Cactus Digital assumes no responsibility:

  • For problems derived from lack of access or inherent problems with Internet connectivity or electricity networks when they originate from causes beyond their control or from causes that could not have been foreseen by the parties or that, even being foreseeable, Mad Cactus Digital has made all reasonable efforts to avoid them or that they were considered as fortuitous or force majeure causes.
  • For damages of any kind that may be caused to the user’s physical (hardware) and logical (software) systems or the files or documents stored in them, as a result of the presence of viruses on the user’s device or of a malfunction or use of an outdated version of their browser.
  • For the lack of truthfulness, accuracy and/or validity of the data provided by the user.
  • For actions or omissions directly attributable to the user or to third parties who depend directly on the user.
  • For the fact that the service does not meet the user’s expectations or does not meet their needs, for the patrimonial gains or losses in the user’s activity, since it is up to the user to evaluate whether HacknPlan is useful for their purposes before using it.
  • For non-compliance with the obligations that correspond to the user.

6. Intellectual and Industrial Property:

All elements and/or contents that compose the Website have been created by Mad Cactus Digital or it has a license or authorization for their use. Therefore, all of these elements and/or contents (such as images, audio, video, software or texts; trademarks or logos, color combinations, structure and design, applications necessary for its operation, access and use, etc.) that make up the Website and the rights of exploitation over them, are the exclusive property of Mad Cactus Digital. It is totally forbidden to reproduce, distribute, publicly communicate – including its modality of making available – and transform all or part of the contents of the Website, in any medium and by any technical means, without the prior express written authorization of Mad Cactus Digital.

In case of carrying out any of the prohibited actions indicated, these exclusive intellectual or industrial property rights that correspond to Mad Cactus Digital will be violated. Therefore, the user undertakes to respect such rights, and also refrain from deleting, altering, circumventing or manipulating any protection device or security system that may be installed on the pages owned by Mad Cactus Digital. Mad Cactus Digital offers the possibility of reporting any kind of violation of rights by any user or third party for any reason, by communicating this circumstance by sending an email to the address indicated above.

7. Linking Policy:

7.1. Links from other websites:

If you intend to establish a link from a webpage of another Internet portal to any of the webpages of Mad Cactus Digital, the following conditions must be met:

  • The total or partial reproduction of any of the services or contents of the website, the establishment of deep links, IMG or image links, or frames with the Website is not permitted without prior express written authorization.
  • No false, inaccurate, or incorrect statements will be made about the Website or its services or contents. Except for those signs that are part of the link, the webpage on which it is established will not contain any trademark, trade name, establishment sign, denomination, logo, slogan, or other distinctive signs belonging to Mad Cactus Digital, except with its express authorization.
  • The establishment of the link does not imply the existence of any relationship between Mad Cactus Digital and the owner of the webpage or the portal from which it is made, nor the knowledge and acceptance of Mad Cactus Digital of the services and contents offered on that webpage or portal.
  • Mad Cactus Digital will not be responsible for the contents or services made available to the public on the webpage or portal from which the hyperlink is made, nor for the information and statements included therein.

7.2. Links to other websites:

The Mad Cactus Digital Website may provide users with links to other websites managed and controlled by third parties, with the exclusive function of facilitating users’ search for information, content, and services on the Internet, without Mad Cactus Digital being considered to market, direct, control, or own the contents, services, information, and statements available on those websites. 

Mad Cactus Digital does not assume any responsibility, even indirectly or subsidiarily, for the contents, information, communications, opinions, or services linked from those websites not managed by Mad Cactus Digital and accessible through the Website, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), documents, or files of the user, excluding any liability for damages of any kind caused to the user for this reason.

8. Breach. Right of Exclusion:

Any breach of these terms of use may be pursued, as well as any misuse of the Website, and Mad Cactus Digital may exercise any legal action that corresponds to defend its legitimate interests. 

Mad Cactus Digital reserves the right to deny or withdraw access to the Website or its services, without prior notice, at its own or a third party’s request, to those users who breach the terms of service, without prejudice to informing the competent authorities of any illegal behavior by the user.

9. Protection of Personal Data:

At Mad Cactus Digital we are committed to complying with regulations on the protection of personal data, and we guarantee full compliance with the obligations set out, as well as the implementation of security measures provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

Mad Cactus Digital makes its Privacy Policy available to users, which includes all information related to the processing of their data, including:

  • Data of the data controller
  • Data processed
  • Purpose and legal basis for the processing
  • Rights that are available to all users and the procedure for exercising them

The user (understood as any natural or legal person interested in contracting the services of HacknPlan) is solely responsible for ensuring that the data provided is up-to-date and complete, accurate, and truthful.

Mad Cactus Digital declines any responsibility for non-compliance with such requirements regarding the data provided by the user.

10. Modification of the present terms:

Mad Cactus Digital may modify the terms determined here at any time, being duly published as they appear here. The validity of the aforementioned terms of use will depend on their exposure and will be valid until they are modified by others duly published.

11. Applicable law:

These terms of use will be governed by Spanish law, although the choice of law does not prevent you from invoking the protection provided by the mandatory provisions of the law of your habitual residence if you hold the status of consumer or user.