General Terms and Conditions of Contract

1. Purpose

These General Conditions regulate the access and contracting of the private consultation services offered through the website adrianmurciego.com, owned by NUBENS ORBITEUM SLU, which will be referred to in the contract as Adrián Murciego (hereinafter, “the Provider”).

Currently, two modalities are offered:

• Free service: an online session of up to 15 minutes, focused on an exploratory conversation without commitment or deliverables.
• Paid service: private advisory consultation that includes:
  • Confidential online session of a minimum duration of 60 minutes.
  • Analysis of the current situation and the most relevant risks.
  • Identification of immediate improvement opportunities.
  • Delivery of a minimum one-page executive diagnosis, within a maximum of 7 working days.
  • Possibility of signing an NDA, either proposed by the Provider or by the client.

2. Identity of the Provider

• Company Name: NUBENS ORBITEUM SLU
• NIF: ESB87851309
• Contact Email: hello@adrianmurciego.com
• Registered Office: C/Correos, 10 – 24767 Jiménez de Jamuz (León), Spain

3. Scope of Services

3.1 What is Included

• Access to the virtual session via a link provided by the Provider.
• Executive diagnosis in electronic format (in paid services).
• Confidentiality over all shared information, including the price of services, applicable to both parties.

3.2 What is Not Included

• Technical implementation of recommendations.
• Ongoing support after the session.
• Legal, fiscal, or accounting advice beyond the scope of security, privacy, and business continuity.
• Guarantee of specific results.

4. Price and Payment Method

• All prices are understood exclusive of taxes.
• Payment for the paid service will be in advance, via a link sent by the Provider.
• The service will be activated once payment is confirmed.

5. Reservations, Modifications, and Cancellations

• Reservations made less than 7 days in advance will be subject to the Provider’s express confirmation.
• The Provider will send an access link to the virtual session. If the client wishes to use another system, they must communicate this at least 24 hours in advance.
• The client may modify or cancel a session with at least 24 hours’ notice:
  • Cancellation with more than 24h: full refund using the same payment method.
  • Cancellation/modification with less than 24h: no refund.

6. SLA – Service Level Agreement

• Free service: online session of up to 15 minutes.
• Paid service: online session of at least 60 minutes and delivery of the executive diagnosis (minimum 1 page) within a maximum of 7 working days.

In case of non-compliance attributable to the Provider:

• A new session will be offered at no cost, or
• The full amount paid will be refunded.

7. Confidentiality

All documentation, information, and prices provided mutually shall be subject to strict confidentiality.

Exceptions: in its role as an auditor, the Provider may communicate to certification entities the list of companies it has provided services to, without revealing the scope or additional information.

The client may provide their own NDA, which will be accepted as long as it does not contradict these Conditions.

The dissemination of any documentation prepared by the Provider to third parties is expressly prohibited.

8. Additional Use Restrictions

• AI Prohibition: the use of artificial intelligence systems that record, transcribe, or process personal data during or in relation to the session is prohibited, unless prior written authorization is obtained from the Provider at least 24 hours in advance.
  • In case of non-compliance, the Provider may nullify the service and retain the amount paid.
• Recording Prohibition: recording sessions in whole or in part on any medium is prohibited.
• Additional Participants: if several people are to intervene in the session, the client must communicate this at least 24 hours in advance, indicating full name, position, organization, and justification for their presence.

9. Liability and Coverage

• The Provider has a professional civil liability policy of up to 1,000,000€.
• Coverage Exclusion: clients and/or users who have US or Canadian citizenship are expressly excluded from this policy.
• Extended Client Obligation: the client declares and guarantees, under their sole responsibility, that neither they, nor their clients, employees, users, suppliers, or any third party linked to the contracted services have US or Canadian citizenship; they undertake to verify this beforehand and inform the Provider immediately if such a circumstance exists or arises. In case of falsehood or non-compliance, the Provider shall be exempt from all responsibility.
• Backups: the client is responsible for having, prior to the provision of the service, complete, immutable, and verified backups of all their information and systems, as well as their effective recovery if needed. In the absence of these, the Provider shall not be responsible for any losses, data corruption, or damage of any kind, including expressly lost profits.
• The Provider is not responsible for decisions made by the client based on the recommendations, if the client has not provided true and/or accurate information.

10. Force Majeure

The Provider shall not be liable for delays or impossibility of provision in cases of force majeure, including, but not limited to: massive telecommunication or energy failures; cyberattacks preventing provision; natural disasters (floods, earthquakes, storms, fires); war conflicts, terrorism or riots; epidemics, pandemics and authority restrictions; and general strikes or labor disputes preventing service.

In these cases, the service may be temporarily suspended without penalty, resuming as soon as the causes cease.

11. Additional Conditions

• Services will be provided by electronic means unless expressly agreed. In the event of face-to-face service, the client will bear travel, meal, and accommodation expenses.
• Travel cost calculations will be based on the locality of Jiménez de Jamuz (León).
• The usual provision schedule is Monday to Friday from 9:00 to 18:00 (official Spanish peninsular time), excluding holidays in Madrid and Castilla y León. Beyond this schedule, the rate may increase.
• The amount paid for the initial session may be discounted only if the client contracts a larger project within 30 calendar days after that session.
• The client undertakes not to perform acts that harm or put the reputation of the Provider at risk for a period of 5 years, on any medium or support.
• The Provider reserves the right to refuse provision in case of conflict of interest or declaration of challenges, in accordance with Arts. 124 and 343 of the Code of Civil Procedure (challenge/recusal of experts) and other applicable regulations.

12. Intellectual and Industrial Property

• All reports, diagnoses, and documentation delivered are the intellectual property of the Provider.
• Their dissemination, reproduction, or transfer to third parties without written authorization is prohibited.
• The use of the brand, trade name, logo, or visual identity of Adrián Murciego / NUBENS ORBITEUM SLU without express consent is prohibited.

13. International Regulations

The client is responsible for ensuring that the contracting and use of the services do not violate current regulations in their country of residence, especially those related to service exportation, cybersecurity, or data protection.

14. Communication Security

The Provider guarantees the use of secure platforms for online provision, but is not responsible for incidents arising from a lack of security in the client’s devices, systems, or connections.

15. Collaborators

The Provider may work with qualified collaborators in the provision, always maintaining confidentiality obligations and without additional cost unless expressly agreed.

16. Documentation Storage and Deletion

The documentation generated will be stored by the Provider for a maximum period of 12 months from the end of the service, unless legally required otherwise. After this period, it may be securely destroyed.

17. Delays Attributable to the Client

• If the client does not connect at the agreed time, the session will be considered started anyway and will not be extended.
• The Provider is not responsible for delays in the delivery of the diagnosis if the client does not provide the necessary information in a timely manner.

18. Applicable Law and Jurisdiction

These Conditions are governed by Spanish law. In the event of a conflict, the jurisdiction corresponding to the consumer’s domicile will apply or, failing that, the courts of the Provider’s domicile.