Legal Notice - Inditex Tech Open Source

LEGAL NOTICE OF THE OPEN SOURCE PORTAL

Please read this document carefully. It constitutes the Legal Notice (hereinafter, the "Notice") that governs access to, browsing of and use of the online platform available at the website located at the URL opensource.inditex.com (hereinafter, the "Website").

Access to the Website and the use of its contents and services entails full acceptance, without reservations, of the Notice as published in the version available at the time the user accesses it.

The latest version of the Notice may be consulted at any time at the electronic address opensource.inditex.com. If the user decides not to accept the Notice in force, the user must refrain from accessing the Website and/or using the contents and/or services available on it.

IDENTIFICATION

Owner: Industria de Diseño Textil, S.A. (hereinafter, "INDITEX").
Tax ID (NIF): A15075062
Registered Office: Avenida de la Diputación, Edificio Inditex, 15142 Arteixo (A Coruña), Spain.
Companies Registry: Companies Registry of the Province of A Coruña, Volume 964 of the Archive, General Section, Folio 17, Sheet No. C-3.342.
E-mail: inditexinfo@inditex.com; comunicacion@inditex.com

INTRODUCTION. PURPOSE AND SCOPE OF APPLICATION

This Notice has a primarily informational purpose, serving as a first point of contact for users to learn about and access the Open Source portal available on the Website.

The Website serves as a public showcase of the open source projects developed by INDITEX, allowing third parties to discover, access and use such technology. The open source projects published on the Website are hosted on GitHub and may be accessed through the links provided on the Website. Such projects are released under permissive open source licences, such as the Apache Licence 2.0. On that portal, users will be able to access content expressly licensed as open source at opensource.inditex.com.

For the purposes of this Notice:

"Open Content" means any content, project, software, source code or documentation made available through the Website that is expressly indicated as open source and licensed under an open source licence (such as the Apache Licence 2.0); and
"Restricted Content" means any content available on the Website whose use is limited solely and exclusively to access to, use of and browsing of the Website, including but not limited to: (i) those elements that make up the visual appearance, graphic image and other content of the webpages that make up the Website; (ii) the navigation architecture; (iii) the source codes of the webpages; (iv) photographs, recordings and multimedia products; (v) computer programs; (vi) databases; (vii) technology; (viii) logos and distinctive signs; and (ix) any other texts, images, elements or creations not expressly licensed as Open Content.

Open Content and Restricted Content may be jointly referred to as the "Content" or "Contents".

In addition, it governs access to, browsing of and use of the Website, without prejudice to INDITEX's right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access or use.

For the purposes of this Notice, the Website shall be understood to include:

The external appearance (or "look and feel") of the screen interfaces, both in static form and in dynamic form (i.e., the navigation tree); and
The Contents and all those services or online resources offered, where applicable, to users (hereinafter, the "Services"). By way of example and without limitation, each of the projects published on the Website shall be understood to be included within the Services.

INDITEX reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and of the Contents and Services incorporated therein. The user acknowledges and accepts that, at any time, INDITEX may interrupt, deactivate and/or cancel any of the Contents and/or Services integrated into the Website.

ACCESS TO CONTENTS AND SERVICES

In order to access the Website, the user must:

Have access to the Internet, either directly or indirectly through access devices;
Pay the corresponding access and connection fees; and
Have the equipment and computer systems necessary to make the connection to the Internet, including a terminal that is suitable for that purpose (computer, telephone, etc.) and a modem or other analogous or similar access device.

For proper access, viewing and implementation of certain Contents and Services on the Website, the user may need to download to their computer equipment certain computer programs or other logical elements. Such installation shall be the responsibility of the user, with INDITEX disclaiming any liability that may arise therefrom.

The user undertakes not to access the Contents and/or Services of the Website by any means other than the screen interface that INDITEX provides to access them.

REGISTRATION

INDITEX may require, for access to certain Contents and/or Services, the submission of a registration form. In such case, the user must provide the requested information.

In relation to the registration process, the user undertakes to:

Provide truthful, accurate and complete data about their identity; and
Update the registration data so that it remains truthful, accurate and complete.

The user may not choose, as a username or password, words and/or expressions that, in general, are contrary to law or to the requirements of morality and generally accepted good customs and, in general, words and/or expressions over which there is some right that excludes their use by the user. To this end, the user may not select words or expressions that are offensive, insulting, defamatory, identical, similar or in any way coincident with distinctive signs, corporate names, as well as names, surnames, artistic names and/or pseudonyms of third parties. If the user provides any false, inaccurate or incomplete data, or if INDITEX has sufficient grounds to suspect that such information is false, inaccurate or incomplete, or contrary to law or to the requirements of morality and generally accepted good customs, INDITEX shall have the right to cancel the registration and to deny present or future access to and use of the Website or of any of the Contents and/or Services incorporated therein.

The user undertakes to make diligent use of their username and password, as well as to keep both confidential. It shall be the user's exclusive responsibility to maintain the confidentiality of their username and password, personally assuming any activities that are carried out or that take place through the use thereof.

The user may cancel and deactivate their registration at any time using their username and password. The user acknowledges and accepts that INDITEX reserves the right to cancel registrations that have been inactive for an unreasonable period of time.

RULES OF USE OF THE SITE

The user undertakes to use the Website and the Contents and/or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes not to use the Website:

For the carrying out of activities contrary to the law, to morality, to generally accepted good customs or to the established public order; and
For unlawful, prohibited purposes or effects, or those harmful to the rights and interests of third parties, with INDITEX disclaiming any liability that may arise from any of the foregoing.

The user acknowledges and accepts that the use of the Website and the Contents and/or Services thereof shall be carried out for strictly personal, private and individual purposes, except in those cases expressly provided within the Website. It is expressly prohibited for the user to authorise third parties to use, in whole or in part, the Website, or to introduce and/or incorporate, as or into a business activity of their own, the Contents and/or Services incorporated therein, unless otherwise expressly indicated. The use or application of any technical, logical or technological resources by virtue of which users may benefit, directly or indirectly, with or without profit, from the unauthorised exploitation of the Contents and/or Services or of the Website itself is expressly prohibited.

The user undertakes to:

Not damage, disable or impair the computer equipment and systems or telecommunications equipment of INDITEX or of any third parties, or the contents incorporated and/or stored therein;
Refrain from using the Contents and Services in any way that may damage, disable, overload or impair the Website or prevent the normal use or enjoyment thereof by other users;
Not modify the equipment and systems of INDITEX in any way, or use modified versions of equipment and systems for the purpose of obtaining unauthorised access to any Service and/or Content of the Website; and
Not interfere with or disrupt the access to and use of the Website, servers or networks connected thereto, or fail to comply with the requirements, procedures and regulations of the network connection policy.

CONTENTS AND SERVICES OF THE WEBSITE

Corporate information

The user acknowledges and accepts that any information, projects or data made available through the Website is merely informational in nature.

Without prejudice to the foregoing, the user acknowledges that, within the Website, open content will be offered (hereinafter, the "Open Content") and Content whose use may be limited solely and exclusively to access to, use of and browsing of the Website (hereinafter, "Restricted Content"). For the purposes of this document, Open Content and Restricted Content may be jointly referred to as the "Content" or "Contents".

The Open Content will always be expressly indicated on the Website. Therefore, whenever the Content is not expressly marked or licensed, in any form, as "Open", the Content shall be Restricted. Likewise, the user acknowledges that the Open Content may be subject to an open source licence. In this regard, the user shall be the sole and exclusive party responsible for compliance with the terms of the corresponding licence.

Despite having taken reasonable measures to ensure that the Contents of the Website are reliable, INDITEX does not represent or warrant that they are accurate, complete or up to date, nor that they constitute a recommendation, advice or basis for making decisions of any kind, and they are delivered "as is" at the present time, with INDITEX not being liable for the use made by the user thereof. The user is aware of and accepts that any data relating to INDITEX or the companies of its business group of an economic, financial or strategic nature (hereinafter, "Corporate Information") is provided for purely informational purposes.

The Corporate Information has been obtained from reliable sources, but, despite having taken reasonable measures to ensure that such Information is not erroneous or misleading, INDITEX does not represent or warrant that it is accurate, complete or up to date, and it should not be relied upon as such.

The Corporate Information contained on the Website does not constitute any kind of investment recommendation, financial advice or any other kind of advice, and nothing included therein should be taken as a basis for making investments or taking decisions of any kind.

Third-party content

For the creation of the website, the following third-party dependencies have been used:

Package	URL	Licence
react	npmjs.com/package/react	MIT
react-dom	npmjs.com/package/react-dom	MIT
react-router-dom	npmjs.com/package/react-router-dom	MIT

CONTENTS AND SERVICES EXTERNAL TO THE WEBSITE

Links to other websites

The INDITEX Website may make available to users technical link devices, directories and search engines that allow them to access webpages belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website has the sole purpose of facilitating users' search for and access to the information, contents and services available on the Internet.

The establishment of the link does not necessarily imply the existence of relationships between INDITEX and the owner of the website on which it is established, nor the acceptance and approval by INDITEX of its Contents or Services.

Unless expressly stated otherwise, INDITEX does not offer or market by itself, or through third parties, the information, Contents and/or Services available on the linked pages, nor does it pre-control, approve or monitor them, nor does it adopt them as its own. The user, therefore, must exercise extreme caution in evaluating and using the information, contents and services existing on the linked pages.

In accordance with the foregoing, INDITEX shall not be liable for any aspect of the linked websites, including, by way of example and without limitation, their operation, access, data, information, quality, reliability and services, the links available on the Website or any of their contents in general.

In this regard, if the user becomes aware that third parties are engaging in illegal or immoral activities through any of these websites, INDITEX requests the user to notify such circumstance immediately, in order to remove the corresponding hyperlink from the Website as soon as possible.

In any case, the establishment of any kind of hyperlink on the Website to another website does not imply any kind of relationship, collaboration or dependency between INDITEX and the owners of the external website.

Links to the Website from other websites

INDITEX does not allow linking to the Website from third-party websites, and, in particular, those that include unlawful, degrading or obscene content or information, or that contravene the law, morality, public order or accepted social norms.

Without prejudice to the foregoing, INDITEX does not have control or human or technical resources to access or approve the information, contents and services provided by other websites that may establish links to the Website. Consequently, in no case shall INDITEX be liable for any aspect relating to the website that establishes the link, including, by way of example and without limitation, aspects relating to its operation, access, data, information, trustworthiness and quality of its services, of its own links or any of its contents in general. The existence of any link to the Website does not imply any kind of relationship, collaboration or dependency between INDITEX and the owners of the third-party website.

Without prejudice to the foregoing, INDITEX may agree with third parties on linking to the Website from third-party websites. However, the user acknowledges that this does not imply any liability of INDITEX with respect to the content of the third-party website. Likewise, the user acknowledges that, in the event that links to the Website are included on third-party websites, INDITEX shall be fully entitled to remove such link or, in the event that this is not technically or legally possible, to require the removal of the link, which must be removed as soon as possible and always within twenty-four (24) hours. In accordance with all of the foregoing, INDITEX reserves the right to take any legal actions that may correspond to it for the removal of any link to the Website on third-party websites.

WARRANTIES AND LIABILITY

Unless the law expressly determines otherwise, or unless expressly indicated to the contrary, the user expressly acknowledges and accepts that INDITEX does not grant any warranty of any nature, whether express or implied, on the Website, or the Contents and Services incorporated therein, including, by way of example and without limitation:

The availability and continuity of the operation of the Website and, in particular, although not exclusively, that users may effectively use the Website, the Contents and the Services, access the various webpages that make up the Website or those from which the Services are provided.
The levels of quality, interoperability and functionality of the Website, as well as of the Services and/or Contents incorporated therein.
The interruption, suspension or cancellation of access to the Website and to the Contents and/or Services incorporated therein.
The fitness for a particular purpose of the Website and of the Services or Contents incorporated therein.
The certainty, integrity, accuracy and/or update of the Contents, Services, products, texts, graphics, links or any other elements incorporated on the Website, as well as the results that may be obtained from accessing and/or using this website or its contents.
Unauthorised access to and alteration of the data stored and transmitted through the Website or of the Services it offers in this regard.
The absence of viruses or other elements in the contents that may produce alterations in the user's computer system (software and hardware) or in the electronic documents and files stored in their computer system.

In particular, with respect to the Open Content, the user expressly acknowledges and accepts that such content is provided "as is" and "as available", without warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or absence of defects, errors, viruses or other harmful components. INDITEX does not warrant that the Open Content will meet the user's requirements, that its operation will be uninterrupted or error-free, or that defects will be corrected. The user assumes all risks associated with the use, modification and distribution of the Open Content.

INDITEX expressly disclaims any liability for any error or omission in the information contained on the pages of this Website, as well as for any lack of truthfulness, accuracy, exhaustiveness, relevance and/or currency of the Contents.

The user is aware of, and voluntarily accepts, that the use of the Website, of the Services and of the Contents takes place, in any case, under the user's responsibility, and therefore the user shall adopt all those measures necessary to minimise the risks, including the adoption of the security measures necessary to ensure antivirus and data recovery procedures. Therefore, unless the law expressly imposes otherwise and exclusively to the extent and degree that it imposes, INDITEX does not warrant or assume any liability with respect to the access to and use of the Website or of the Contents and/or Services incorporated therein.

FORCE MAJEURE

Without prejudice to the foregoing, INDITEX shall not be liable for any delays or failures that occur in the access to, operation of and operability of the Website, its Contents and/or Services, or for any interruptions, suspensions or malfunctions thereof, when these originate from breakdowns caused by natural disasters such as earthquakes, floods, lightning or fires, situations of force majeure, situations of extreme urgency such as wars, military operations, civil unrest, strikes, lockouts or any other situation of force majeure or fortuitous event.

PERSONAL DATA

The processing of personal data derived from the use of the Website by users shall be governed by the privacy policy available at opensource.inditex.com.

INFORMATION ABOUT COOKIES

Please read our Cookies Policy to find out in greater detail about the cookies and similar devices that we use, their purpose and how to manage your preferences, as well as other information of interest at opensource.inditex.com.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND OTHER RIGHTS

This Website, as well as the Contents, the Restricted Content, the Services and the elements integrated therein, are owned by or are under the control of INDITEX, being protected, without any limitation, by the intellectual and industrial property laws of Spain and by the international Treaties and Conventions that may be applicable.

INDITEX is the exclusive holder of all intellectual property, industrial property and analogous rights that may apply to the Website and the Restricted Content. Likewise, all rights to any Contents, Services, Restricted Content or elements of its property incorporated on the Website are reserved in favour of INDITEX or any of the companies that make up the INDITEX group of companies.

The user acknowledges and accepts that, on the Website, Contents and Services owned by third parties are accessible, the rights to which are protected by the applicable legislation on intellectual property, industrial property, rights to exploit the commercial and advertising value of the image and other analogous rights, as the case may be.

The user undertakes not to remove, suppress, alter, manipulate or in any way modify:

Those notes, legends, indications or symbols that either INDITEX or the legitimate holders of the rights incorporate into their properties in matters of intellectual or industrial property (such as, for example, copyright, ©, ® and ™, etc.).
The technical protection or identification devices that the Contents may contain (such as, for example, watermarks, fingerprints, etc.).

Licences over the Restricted Content

The user acknowledges that, by virtue of this Notice, INDITEX does not assign or transfer to the user any right over its Restricted Content, or over any property of third parties. INDITEX only authorises the user to access and use them in accordance with the terms indicated in this Notice.

INDITEX authorises users to access and browse the Website, using the Services and viewing the Contents incorporated therein.

Users are not authorised to copy, distribute (including by e-mail and Internet), transmit, communicate, modify, alter, transform, assign or, in any other manner, deploy activities that entail the commercial use of the Website, its pages, Contents or elements that integrate it, whether partially or in whole, without the express written consent of the legitimate holder of the exploitation rights or without an express open-use licence on the specific Content, such as, for example, on the Open Content. When INDITEX expressly authorises it in writing, the user may download a single copy of the Contents. In any case, the licence of use recognised in this section may not, under any circumstances, be assigned or transferred to third parties.

The access to, viewing of and, where applicable, downloading of the Restricted Content and/or Services shall be carried out always and in any case for strictly personal and non-commercial purposes.

INDITEX reserves all rights over the Restricted Content including, by way of example and without limitation, all intellectual and industrial property rights that it holds over the same. INDITEX does not grant any other licence or authorisation of use to the user over its Restricted Content other than that which is expressly detailed in this clause.

Trademarks

The open source licences applicable to the Open Content (such as the Apache Licence 2.0) do not grant any rights to use the trade names, trademarks, service marks, logos or other distinctive signs of INDITEX or any of its group companies. Any use of such signs requires the prior written consent of INDITEX. Without limiting the foregoing, users of the Open Content may not use the name "INDITEX" or any of its trademarks, logos or distinctive signs to endorse, promote or imply any association with products or services derived from, based on or using the Open Content, unless expressly authorised in writing by INDITEX.

Restrictions on automated access and AI training

Except for Open Content, which shall be governed exclusively by the open source licence applicable to it, the user shall not, without prior written consent: (i) use bots, crawlers, spiders, scrapers or any other automated means to access, extract, copy or index the Website or its Restricted Content, or circumvent rate limits, access controls or other technical protection measures; (ii) carry out systematic or repeated extraction or re-utilisation of substantial parts of the Website's databases; or (iii) use the Restricted Content, or the Website's texts, images, structure or other elements, for text and data mining or to train, fine-tune, evaluate or ground any artificial intelligence or machine learning model, including generative AI systems.

Linking licence

Users and, in general, those persons who intend to establish a link between their website and the Website must comply with the conditions detailed below. Any other linking intent other than that stipulated in this clause shall require the prior written acceptance of INDITEX:

The user may not reproduce or imitate, in whole or in part, the Restricted Content of the Website, which is not licensed, nor its graphic appearance ("look and feel"), nor shall they create frames or in-line links of the INDITEX pages.
No browser, frame or navigation environment or bar shall be created over the pages of the Website.
No false, inaccurate, incorrect or denigrating statements or indications shall be made about the Website, INDITEX or any of the Restricted Content and, in particular, it shall not be declared or implied that INDITEX collaborates or is a collaborating partner and/or that, in any way, it has supervised or assumed in any way the contents or services offered or made available on the website on which the link is established.
The website on which the link is established shall not contain any trademark, trade name, business sign, denomination, logo, slogan or other distinctive signs belonging to INDITEX, except for those signs that are part of the link itself or those other elements of the Restricted Content that have been previously licensed in writing by INDITEX.
The website on which the link is established shall not contain unlawful information or content, contrary to morality, to generally accepted good customs and to public order, nor shall it contain content or services contrary to any third-party rights.

In any case, in accordance with the indications above, INDITEX shall have the right to request the removal of any link to the Website from third-party websites or, where applicable, to limit it, without grounds or justification.

Termination of licences

The user acknowledges that nothing provided in this section 1.3 shall be applicable in relation to the Open Content.

INDITEX reserves the right to terminate or modify, at any time and for any reason, the licences granted by virtue of this Notice. Without prejudice to the foregoing, INDITEX may take legal action against any use by the user that:

Is not in accordance with the terms and conditions specified herein;
Infringes or violates the intellectual and industrial property rights or other analogous rights of INDITEX or of any other legitimate third-party holder;
Fails to comply with Open Source licences; or
Infringes any applicable regulations.

In the event that any of the above scenarios occurs, the user shall be obliged to immediately modify or remove from their website any Restricted Content of INDITEX, or to remove any link to the Website, when so required by INDITEX.

Procedure for notifying infringements

In the event that any user or a third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any Content and/or Service, or of the carrying out of any unlawful activity on the webpages included in the Website, or through the Services provided, the user may contact the Legal Department at the registered office of INDITEX indicated above, providing the following information:

The name, surnames, national identity document, address, telephone number and e-mail address of the claimant, as well as, where applicable, the signature of the holder of the rights allegedly infringed or, where applicable, of the person authorised to act on their behalf and representation.
Determination of the alleged unlawful activity and, in particular, when it concerns an alleged infringement of intellectual or industrial property rights, a precise and concrete description of the protected contents as well as their exact location.

Validity of the Notice and modification thereof

The legal relationship derived from access to and use of the Website, as well as of the Contents and Services incorporated therein, unless expressly indicated otherwise, has an indefinite duration. Likewise, either party may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than its will to that effect.

Without prejudice to the foregoing, such relationship shall be deemed terminated immediately when INDITEX publishes a new Notice. Access to and use of the Website shall imply full adherence to and acceptance of the new conditions and, consequently, the start of a new legal relationship.

INDITEX reserves the right to modify, at any time, and without prior notice, this Notice.

Assignment to third parties

The user may not assign, transfer, encumber or subrogate to third parties the rights and obligations established in this Notice.

INDITEX may assign, transfer, encumber or subrogate to third parties, in whole or in part, the rights and obligations assumed by virtue of the contractual relationship set forth herein, as well as the contractual position to any third party, with the user, by virtue of this clause, granting sufficient authorisation to that effect.

MISCELLANEOUS

The headings contained in this document are merely informational and do not affect, qualify or promote the interpretation of the Notice. In this regard, INDITEX may modify the Notice established in this document, in whole or in part.

INDITEX may inform the competent authorities in the event of detecting any infringement of the applicable law or if it suspects that any of the users is committing a crime within the framework of the Website.

In addition, in the event that users fail to comply with this Notice and INDITEX takes no measures, this shall not be considered a waiver by INDITEX.

If any Court declares any of the terms contemplated in this Notice invalid, such ineffectiveness shall not affect the remaining provisions, which shall continue to apply.

APPLICABLE LAW AND COMPETENT JURISDICTION

The Website, including its use, registration, access and browsing, as well as the Services offered through it and, in particular, this Notice, shall be subject to ordinary Spanish law and shall be interpreted and enforced in accordance therewith.

Likewise, for all disputes, actions or claims that may arise in relation to the interpretation and application of this Notice, unless the applicable regulations provide otherwise, INDITEX and the user submit to the jurisdiction of the Courts and Tribunals of the city of A Coruña (Spain) with express and voluntary waiver of any other forum.

NOTICES

Unless otherwise indicated, all notices, requests, agreements, consents, acceptances, approvals or communications that are required in accordance with the provisions of this Notice or that, in one way or another, are related thereto, must be set down in writing and sent to INDITEX by post to the registered office of the company, for the attention of the Legal Department.

FURTHER INFORMATION

For any additional information, suggestion or proposal, please contact inditexinfo@inditex.com.