Website Terms and Conditions
Last updated: October 2026
These Terms and Conditions govern access to and use of Indigenius, available at www.indigenius.es, and any content distribution, syndication, campaign management, reporting, analytics, or related services provided by Indigenius SL.
By accessing the Website or using our services, you agree to these Terms. If you use the Website or services on behalf of a company or organisation, you confirm that you have authority to bind that company or organisation.
These Terms are intended for business users only. The Website and services are not intended for consumers.
1. Legal Notice and Company Information
In accordance with Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, known as the LSSI-CE, the owner and operator of this Website is:
Company name: Indigenius SL
Registered office: Valldonzella 54, 08001 Barcelona, Spain
Tax identification number, B63952865
Email: bcn@indigenius.es
If our activity is subject to administrative authorisation or professional regulation, the relevant authorisation, supervisory authority, professional association, registration number, professional title, and applicable rules will be stated here.
2. About Our Services
We provide B2B content distribution services, which may include:
content syndication;
publication or distribution through third-party websites, platforms, publishers, or media partners;
campaign management;
content hosting;
analytics and reporting;
technical integrations;
related marketing or distribution services.
Specific services, fees, timelines, and deliverables may be described in a separate proposal, order form, insertion order, statement of work, email confirmation, or service agreement.
If there is a conflict between these Terms and a specific written agreement, the specific written agreement will prevail for that service.
3. B2B Use Only
The Website and services are intended only for business users.
By using the Website or services, you confirm that you are acting in the course of business and not as a consumer.
Consumer cancellation rights and other consumer-specific protections may not apply.
4. Use of the Website
You agree to use the Website and services only for lawful business purposes.
You must not:
use the Website or services in breach of applicable law;
submit unlawful, misleading, defamatory, discriminatory, obscene, infringing, or harmful content; upload malware, viruses, spyware, or harmful code;
interfere with the security or operation of the Website;
attempt to gain unauthorised access to our systems;
scrape, copy, or extract data from the Website without permission;
use the services to send spam or unlawful marketing communications;
damage our reputation or the reputation of our partners.
We may suspend or restrict access to the Website or services if we reasonably believe that you have breached these Terms or applicable law.
5. Accounts
Some services may require an account or access to a client dashboard.
You must provide accurate and complete account information.
You are responsible for:
keeping login details confidential;
all activity under your account;
ensuring that your authorised users comply with these Terms.
You must notify us promptly if you suspect unauthorised access to your account.
6. Client Content
“Client Content” means any text, images, videos, audio, advertisements, links, data, campaign materials, creative assets, or other materials provided by you or on your behalf.
You remain responsible for all Client Content.
You confirm that:
you own or have the necessary rights to use and distribute the Client Content;
the Client Content does not infringe third-party rights;
the Client Content complies with applicable laws, advertising standards, platform rules, and industry requirements;
all claims in the Client Content are accurate, lawful, and not misleading;
the Client Content does not contain malware or unauthorised tracking technologies;
any personal data included in the Client Content has been collected and shared lawfully.
We may reject, remove, suspend, or request changes to Client Content if we reasonably believe it breaches these Terms, applicable law, partner requirements, or our policies.
7. Licence to Use Client Content
You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, format, adapt, publish, distribute, display, transmit, and use Client Content as necessary to provide the services.
This licence includes the right to provide Client Content to third-party publishers, platforms, media partners, subcontractors, analytics providers, and technical service providers involved in delivering the services.
Unless otherwise agreed in writing, this licence continues for as long as necessary to provide the services, maintain records, prepare reports, comply with legal obligations, and enforce our rights.
8. Third-Party Distribution Channels
Our services may involve distributing Client Content through third-party websites, platforms, publishers, applications, newsletters, advertising networks, or other channels.
You acknowledge that third-party distribution channels are independent from us and may have their own terms, policies, technical requirements, and approval processes.
We do not guarantee:
publication by any particular third party;
specific placement, timing, format, or ranking;
any particular number of views, clicks, leads, conversions, sales, or revenue;
uninterrupted availability of third-party channels.
Third-party channels may reject, remove, delay, label, or modify content according to their own rules.
9. Orders, Fees, and Payment
Fees and payment terms will be set out in the applicable proposal, order form, invoice, statement of work, or agreement.
Unless otherwise agreed in writing:
fees are stated in EUR;
fees are exclusive of VAT and other applicable taxes;
invoices are payable within [30] days of the invoice date;
payment must be made without deduction, set-off, or withholding, unless required by law. If payment is late, we may suspend or pause services until payment is received.
We may charge interest on overdue amounts as permitted by applicable law.
10. Electronic Contracting
Where contracts are concluded through the Website or by electronic means, we will make available, before the contracting process where required by law, information about:
the steps needed to conclude the contract;
whether the electronic contract document will be stored and whether it will be accessible;
how input errors can be identified and corrected;
the languages in which the contract may be concluded;
the applicable terms and conditions.
Unless otherwise agreed between business parties, we may confirm receipt of electronic acceptance by email or another equivalent electronic method.
11. Intellectual Property
All rights in the Website, services, software, technology, designs, trademarks, logos, know-how, databases, documentation, reports, templates, and materials created by us belong to us or our licensors.
You may not copy, modify, reverse engineer, reproduce, resell, sublicense, or exploit our Website, software, or materials without our prior written consent.
Nothing in these Terms transfers ownership of our intellectual property to you.
12. Confidentiality
Each party may receive confidential business, technical, financial, commercial, campaign, client, pricing, or operational information from the other party.
Each party agrees to keep confidential information secure and to use it only for the purposes of performing the services.
Confidential information may be shared with employees, contractors, advisers, or service providers who need to know it and are bound by confidentiality obligations.
Confidentiality obligations do not apply to information that is public, already known, independently developed, or lawfully received from a third party.
13. Data Protection
Each party shall comply with applicable data protection and privacy laws, including:
the General Data Protection Regulation, Regulation
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EU 2016/679;
Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights, known as the LOPDGDD;
Spanish Law 34/2002 on Information Society Services and Electronic Commerce, known as the LSSI-CE;
any other applicable privacy, cookie, marketing, or electronic communications laws.
Depending on the services, the parties may act as independent controllers, joint controllers, or controller and processor.
Where we process personal data on your behalf as processor, the parties will enter into a separate Data Processing Agreement.
You are responsible for ensuring that any personal data, contact lists, audience data, tracking data, or campaign data provided to us has been collected and shared lawfully.
You must ensure that:
you have a valid legal basis for processing and sharing personal data;
all required privacy notices have been provided;
all required consents have been obtained where necessary;
personal data is accurate, relevant, and limited to what is necessary;
you do not provide special category data unless expressly agreed in writing.
We will use appropriate technical and organisational measures designed to protect personal data processed in connection with the services.
14. Cookies, Pixels, and Tracking Technologies
The Website and services may use cookies, pixels, tags, tracking links, local storage, analytics tools, and similar technologies.
Where required by law, these technologies will only be used after users have received clear information and given valid consent.
You are responsible for ensuring that any tracking technologies, pixels, tags, scripts, or analytics tools supplied by you or used on your websites, campaigns, landing pages, or materials are lawful and properly disclosed.
You are also responsible for ensuring that any required consent has been obtained before such technologies are placed on, or read from, a user’s device.
More information about our use of cookies and similar technologies is available in our Cookie Policy.
15. Commercial Communications
We may send commercial communications by email or other electronic means where legally permitted, including where the recipient has consented or where another lawful exception applies.
Recipients may object to or unsubscribe from commercial communications at any time by using the unsubscribe link included in the communication or by contacting us at bcn@indigenius.es.
If you provide us with email lists, contact databases, leads, or recipient data for campaign purposes, you confirm that such data has been lawfully obtained and may lawfully be used for the intended communications.
16. Sponsored Content and Disclosures
Where Client Content is sponsored, promotional, paid-for, advertorial, affiliate-based, or commercial in nature, you are responsible for ensuring that it is clearly identifiable as such in accordance with applicable law and advertising standards.
We may label, mark, or require changes to Client Content to comply with legal, editorial, platform, or partner requirements.
Third-party distribution channels may apply labels such as “Advertisement”, “Sponsored”, “Promoted”, “Partner Content”, or similar wording.
17. Reporting and Analytics
We may provide reports, dashboards, analytics, estimates, or campaign performance data.
Unless otherwise agreed in writing:
reports are provided for informational purposes only;
metrics may be estimates or based on third-party data;
discrepancies may occur between different reporting systems;
we do not guarantee any specific performance outcome.
Analytics may be affected by tracking restrictions, user consent choices, browser settings, ad blockers, fraud filtering, platform limitations, technical issues, or third-party data availability.
18. Service Availability
We will use reasonable efforts to keep the Website and services available.
However, we do not guarantee that the Website or services will be uninterrupted, error-free, secure, or available at all times.
We may suspend, restrict, or modify access for maintenance, security, legal, technical, operational, or business reasons.
19. Warranties and Disclaimer
We will provide the services with reasonable skill and care.
Except as expressly stated in these Terms or a separate agreement, the Website and services are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we exclude all implied warranties, conditions, and representations.
We do not guarantee any specific business, marketing, audience, ranking, engagement, traffic, conversion, revenue, or financial result.
20. Limitation of Liability
Nothing in these Terms limits or excludes liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
wilful misconduct;
liability that cannot be limited or excluded under applicable law.
Subject to the above, we will not be liable for:
loss of profits;
loss of revenue;
loss of business;
loss of goodwill or reputation;
loss or corruption of data;
indirect, incidental, special, punitive, or consequential damages;
third-party platform failures;
rejection, removal, delay, or modification of Client Content by third parties;
tracking or reporting discrepancies.
Subject to the above, our total aggregate liability arising out of or in connection with these Terms or the services shall not exceed the total fees paid by you to us for the relevant services in the [6/12] months before the event giving rise to the claim, or [insert amount], whichever is [higher/lower].
21. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, fines, penalties, costs, and expenses arising out of or related to:
Client Content;
your breach of these Terms;
your breach of applicable law;
your infringement of third-party rights;
your misuse of the Website or services;
your marketing claims, products, services, campaigns, or instructions;
personal data, cookies, tracking technologies, or contact lists provided or authorised by you.
22. Suspension and Termination
We may suspend or terminate your access to the Website or services if:
you breach these Terms;
payment is overdue;
your use creates legal, security, reputational, or operational risk;
required by law or by a third-party platform;
we reasonably believe your account has been misused.
On termination:
you must stop using the services;
unpaid fees become immediately due;
we may disable access to your account;
provisions intended to survive termination will continue, including confidentiality, intellectual property, data protection, limitation of liability, indemnity, and governing law.
23. Force Majeure
We will not be responsible for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, power failures, internet outages, cyberattacks, government actions, regulatory changes, pandemics, or failures of third-party platforms or suppliers.
Payment obligations are not excused by force majeure.
24. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we will take reasonable steps to notify users, such as by posting a notice on the Website or sending an email.
The updated Terms will apply from the date stated at the top of the document or from the date notified to you.
Your continued use of the Website or services after changes take effect means that you accept the updated Terms.
25. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations to an affiliate, successor, acquirer, or in connection with a merger, restructuring, sale of assets, or change of control.
26. Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with them shall be governed by the laws of Spain.
The parties submit to the exclusive jurisdiction of the courts of [City], Spain, unless mandatory applicable law provides otherwise.
27. Language
These Terms may be made available in English, Spanish, or other languages.
In the event of inconsistency between versions, the English version shall prevail, unless mandatory applicable law provides otherwise.
28. Contact
If you have questions about these Terms or the services, please contact us at:
Indigenius SL
Valldonzella 54, 08001 Barcelona
bcn@indigenius.es