GENERAL TERMS AND CONDITIONS OF CONTRACT / SERVICE AGREEMENT Ref: VWM090625

On the one hand, Viwom Video Marketing SL (hereinafter “Viewed”), with Tax ID No.: B26510826 and registered office at Calle Teruel no. 1, 1st floor, offices C and D, 26006 – Logroño, La Rioja (Spain), incorporated as a Sole Proprietorship Limited Liability Company. Incorporated in Logroño before the notary Mr Víctor Manuel de Luna Cubero, registered in the Commercial Registry of Logroño, in Volume 768, Book 0, Page 219, Section 8, Sheet LO 15697.

On the other hand, the natural or legal person who completes the registration form (hereinafter the CLIENT) available on www.viewed.video, or who registers following prior contact with VIEWED and with whom a commercial activity is established.

THE PARTIES HEREBY DECLARE

1. That VIEWED develops, programs, and provides innovative video marketing technologies, whose distinctive value lies in the ability to: (i) adapt and embed videos within the body of an email for advertising purposes, (ii) generate videos from images using its generative artificial intelligence tool, and (iii) automatically personalise videos for each CLIENT; all of which is carried out with the necessary technical resources and the required administrative permits and authorisations to perform such activity.

2. That the CLIENT is interested in contracting VIEWED’s services and technology in accordance with the general terms and conditions established by VIEWED.

3. That both parties acknowledge each other’s legal capacity and authority to enter into this contract, and possess sufficient legal standing to formalise it by accepting the terms and conditions set out below.

CLAUSES

1. PURPOSE OF THE CONTRACT

The purpose of this contract is to regulate the terms and conditions under which the CLIENT accesses the VIEWED service, as well as to determine the remuneration to be paid by the CLIENT.

2. CHARACTERISTICS OF THE SERVICE

2.1 The provisions of these General Terms and Conditions shall apply to the services included in ANNEX I attached to this contract. The resources included in each of the services are detailed in said annex.

2.2 Requirements for Using the Platform
To access and properly use the services offered by VIEWED, the CLIENT must meet the following technical and knowledge requirements:

Have an active Internet connection.
Possess basic knowledge of HTML, necessary to manage campaigns and handle the generated code.
Use an email service provider (ESP) compatible with VIEWED’s technology, which allows the sending of email marketing campaigns.
Have an email template editor that allows integration and editing of HTML code within the templates. This functionality is typically included in most professional ESPs.

The absence of any of these elements may prevent proper use of the platform and affect the functioning of the HTML code generated by VIEWED.

2.3 Email Sending and CLIENT Database Management

VIEWED does not provide email sending services. Therefore, in order to distribute the generated HTML, the CLIENT must use their own email service provider (ESP).
The recipient list will always remain the property of the CLIENT, who will retain full control and sole responsibility. VIEWED shall not be held liable for its management, storage, or use, as the sending is carried out via external platforms unaffiliated with VIEWED. At no point will VIEWED have access to this list.
Should the CLIENT request VIEWED to send the campaign to a contact list provided by the CLIENT, and under the agreed conditions, VIEWED shall act as data processor in accordance with the provisions set out in the “Personal Data Protection Policy” clause.

2.4 Hosting of Videos and Images

VIEWED provides server technology and hosting systems specifically designed to manage video email campaigns, regardless of the size of the CLIENT’s database. This infrastructure enables the efficient storage of videos and images necessary for the proper functioning of each campaign.
All multimedia files (videos, animated GIFs, and posters) generated or uploaded by the CLIENT during campaign creation are temporarily hosted on domains owned by VIEWED. From there, they are dynamically delivered to recipients’ devices and platforms at the moment the campaign is viewed.
The hosting also enables VIEWED’s platform to automatically process each video to adapt it to the technical limitations of each inbox, device, or email software used, with the aim of optimising the viewing experience.
The CLIENT may delete the hosted files at any time from their user area. In such cases, the campaigns associated with those files will no longer be available.
If the service is not renewed, the hosted content will be automatically deleted 30 days after the last renewal date. For campaigns that include individually generated personalised videos for each recipient, these will also be deleted 30 days after their creation and, where applicable, replaced with the base video provided by the CLIENT. If this base video is deleted, the campaign and its associated content will be permanently removed.

2.5 Video Processing and Delivery

When the CLIENT uploads a video to the VIEWED platform for the purpose of creating a video email campaign, VIEWED’s technology automatically processes it. This processing is intended to adapt the video to the technical limitations of each viewing environment, such as email clients, devices, operating systems, or browsers used by the recipients.
As part of this process, VIEWED generates different optimised formats, which may include MP4 files, animated GIFs, WebP, or others, automatically selecting the most suitable format for each case.
The platform detects the technological environment of the recipient in real time at the exact moment they open the email and automatically delivers the most appropriate video format to ensure the best possible viewing experience.
Once processing is complete, the CLIENT may download the resulting HTML code from the platform. This code must be embedded into their email template for the campaign to function correctly. In the case of campaigns with personalised video, the content will be delivered directly by VIEWED’s technical team or integrated into the CLIENT’s system, whether a CRM or a marketing automation platform.
Once the campaign creation is complete, the CLIENT agrees not to modify the generated HTML code. If the file is altered, VIEWED shall not be held responsible for any errors or incompatibilities that may affect the delivery of the service.
Sending this HTML does not generate additional data traffic for the CLIENT, as neither the images nor the videos are attached to the email; instead, they are loaded in real time from VIEWED’s servers when the recipient opens the message.

2.6 Video Quality, Duration and Audio

The quality of the video played directly within the body of the email will depend on the format delivered to the recipient, which is automatically determined by VIEWED’s technology based on the technical limitations of their environment — including email client, operating system, browser, and device used.
As for video duration, this is subject to two factors: firstly, the maximum limit allowed under the CLIENT’s subscribed plan, which may range from 6 seconds, 30 seconds, or up to 1 minute; and secondly, the technical limitations of each recipient’s environment. In cases where the recipient’s system is not compatible with longer durations, playback will automatically adjust to the maximum permitted by their environment.
Regarding audio, this may only be included in playback within the email if it is provided for in the CLIENT’s subscribed plan and if the recipient’s environment supports automatic audio playback. Otherwise, the video will be displayed without sound.
To ensure that all recipients can access the full video with the best quality and with sound, VIEWED offers an additional feature included in all plans: by clicking on the video format received in the email, the recipient will be redirected to a landing page owned by VIEWED, free of ads or third-party content, where they can view the full video under optimal conditions.
Additionally, depending on the subscribed plan, the CLIENT may modify the destination URL and configure their own page to host the video, thereby offering a personalised viewing experience.

2.7 Campaign Production and Design

The production of the video and the design of the campaign are the sole responsibility of the CLIENT, who will develop them in line with their marketing objectives and using the means they deem appropriate, unless expressly agreed otherwise with VIEWED.
The format of the videos provided and/or hosted by the CLIENT should preferably be MP4 and of the best available quality, ideally in FULL HD 1080p, provided that the duration and file size limits (in MB) set out on VIEWED’s website are not exceeded, in accordance with the subscribed plan. If the CLIENT attempts to create a campaign with a video exceeding these limits, the platform will display an error message.
In the case of campaigns with personalised videos, such videos will be automatically generated using VIEWED’s technology, based on a base video previously provided and validated by the CLIENT.
The CLIENT may create their own video email marketing campaigns using the VIEWED platform, following the steps and tutorials provided therein. Depending on the subscribed plan, the CLIENT may also have access to a campaign creation service carried out by VIEWED.
In each campaign, the CLIENT may include a link to an external page, a call-to-action button, and any additional elements they consider necessary, always in accordance with the limits established under the subscribed plan.

2.8 Video Statistics and Metrics

VIEWED offers the possibility to generate personalised videos at scale through an unlimited and auto-scalable server infrastructure, capable of creating these videos in real time and supporting high levels of concurrency from various international locations.
The availability of personalised videos, as well as the necessary integrations and configurations for their operation, will depend on the CLIENT’s subscribed plan.
For personalisation, the CLIENT must provide a base video to which the personalisation will be applied, which will be defined exclusively by the CLIENT according to the objectives and needs of their email marketing campaign.
There are two modes of personalisation:

● Personalisation via CSV file: The CLIENT provides a file containing the necessary information to personalise the videos.

● Real-time personalisation via API integration: In this case, the CLIENT integrates their CRM or website with VIEWED’s technology. By doing so, the CLIENT agrees to grant VIEWED access to the necessary data for generating the personalised videos.
In both cases, VIEWED ensures that all information provided will be processed in accordance with the guarantees set out in its privacy policy.

2.9 Personalised Videos VIEWED offers the ability to generate personalised videos at scale through an unlimited and auto-scalable server infrastructure, capable of creating these videos in real time and supporting high levels of concurrency from various international locations.
The availability of personalised videos, as well as the necessary integrations and configurations for their operation, will depend on the CLIENT’s subscribed plan.
For personalisation, the CLIENT must provide a base video to which the personalisation will be applied, as defined solely by the CLIENT based on the goals and needs of their email marketing campaign.

There are two modes of personalisation:

● Personalisation via CSV file: The CLIENT provides a file containing the information required to personalise the videos.

In both cases, VIEWED ensures that all information provided will be processed in accordance with the safeguards set out in its privacy policy.

2.10 AI Video Generation

VIEWED offers the CLIENT the possibility to generate videos from images using generative artificial intelligence technology. This functionality is designed to facilitate the rapid production of dynamic visual content.
To use this service, the CLIENT must upload an image to the VIEWED platform. By doing so, the CLIENT declares and guarantees that they hold the copyright or possess the necessary usage licences for the image, including image rights for any individuals who may appear in it.
The CLIENT shall be solely responsible for the content of the videos generated using this functionality. VIEWED accepts no liability for any materials created by the CLIENT through the use of this technology.
The CLIENT also acknowledges that this functionality is in its beta phase, and as such, visual quality issues, narrative inconsistencies, or sequencing errors may occur in the generated video. VIEWED does not guarantee the perfection or complete suitability of the content produced by this tool.
The number of videos the CLIENT may generate, as well as the resources included and any additional associated costs, will depend on the subscribed plan. VIEWED reserves the right to modify the terms of use of this functionality, with prior notice to the CLIENT via the usual communication channels.

2.11 View Count

VIEWED records video views at the moment the recipient opens the email and the delivered multimedia format—whether video, animated GIF, or another compatible format—is played.
Each time the system receives a request to load a multimedia file from VIEWED’s servers, it is counted as a unique view, regardless of whether the video is played embedded within the body of the email or via a landing page.
If the video plays on a loop within the email, it is counted as a single view.
If the recipient’s email client caches the content, multiple openings from the same device will be recorded as a single view.
Emails that are not opened or that block image loading due to the recipient’s email client settings will not count as views.
It is important to note that view metrics may be influenced by privacy settings, filters, or blocks activated by recipients on their devices or email clients. Therefore, VIEWED does not guarantee that all email openings will result in a recorded view.
The CLIENT may voluntarily disable any campaign from their private area on the platform. Once disabled, the videos will stop playing and a fallback image previously configured by the CLIENT will be displayed instead.
Subscription plans may include a limited number of video views, determined by the contracted plan, the size of the CLIENT’s database, or other specific conditions.
When view usage reaches 80%, the system will send an email notification to the CLIENT. At 100%, a new alert will be sent confirming that, from that point forward, additional views will incur charges, which will be invoiced monthly.
Once the view limit included in the subscribed plan is reached, two possible scenarios may occur, depending on the plan conditions:

● Video playback will no longer be available, both in the email body and on the landing page.

● Additional views generated from that point may incur extra charges, which will be invoiced to the CLIENT in the next service renewal.

The CLIENT acknowledges and accepts these terms as an integral part of view management within the VIEWED platform.

2.12 Access to the Platform

The CLIENT will have access to a tool referred to as the “Client Area” or “VIEWED Client Access”, via a unique username and password. Through this area, the CLIENT will be able to:

Manage and administer campaigns created using VIEWED’s technology.
Purchase additional services or upgrade the resources included in their plan.
View and download invoices generated by the system.
Access statistics on the performance of their video campaigns.

The CLIENT is solely responsible for the use, management, and safeguarding of their login credentials. These credentials enable VIEWED to verify and authenticate actions carried out from within the CLIENT’s area, and any usage, including by third parties, will be considered as made under the CLIENT’s sole responsibility.
In the event of loss, unauthorised use, or suspected compromise of credentials, the CLIENT must notify VIEWED immediately so that appropriate security measures can be taken.

2.13 Contracted Services

The services contracted by the CLIENT, including their technical specifications, duration, included resources, and corresponding price, are detailed in Annex I of this contract.
VIEWED reserves the right to make modifications to the services and associated resources. Any such changes shall be governed by the provisions set out in the clause titled “MODIFICATION” and will be duly communicated through publication on VIEWED’s official website. These modifications will not affect the conditions already contracted by the CLIENT until the next renewal.

2.14 Trial Period

VIEWED offers a free trial period of 15 calendar days, starting from the initial activation of the contracted service. This trial period is limited to a single use per CLIENT. If the CLIENT
changes their plan (for example, upgrades to a higher plan), a new trial period will not be granted for the new plan.
During this period, the CLIENT may evaluate the platform’s functionalities under the established conditions, excluding price and payment method. VIEWED may impose limitations on access to certain features or services during the trial period. These limitations will be lifted once the trial period ends and payment for the corresponding plan has been confirmed.
To access the trial period, the CLIENT must provide a valid payment method at the time of service registration. The charge for the selected plan will not be applied until the trial period has ended.
At the end of the trial period, the corresponding fee for the contracted plan will be automatically charged using the payment method provided by the CLIENT.
The CLIENT may cancel the service at any time during the trial period to avoid billing. If cancellation is not made within the established period, the contracted plan will be automatically renewed under the terms set out in this contract, and the CLIENT will not be entitled to any refund of the charged amounts.
VIEWED reserves the right to include a watermark on videos generated during the trial period and to restrict access to certain premium resources or functionalities until the final contract is formalised.

3. COMMENCEMENT AND DURATION

3.1 This contract shall enter into force on the same day it is accepted by the CLIENT, following their reading and understanding of its contents. From that moment, VIEWED will grant access to the Client Area.

3.2 The duration of the contract shall be as specified at the time of subscription by the CLIENT, and may be monthly, annual, or another specific duration offered by VIEWED. The contract will be automatically renewed for the same period initially contracted, on the same subscription date and under the same conditions, unless either party states otherwise before the expiry date.

3.3 The contracted services will remain active unless and until the CLIENT expressly cancels them, with due notice as indicated. In the case of free services included in the trial period, these will remain available for the fifteen (15) calendar days provided, even if the CLIENT decides to cancel the service before the end of that period.

3.4 If the CLIENT decides to cancel the contract, such cancellation will take effect at the end of the billing period. During this time, the CLIENT will continue to have access to the services until the expiry date of their current subscription.
Nevertheless, the CLIENT may exercise their right of withdrawal within the first fifteen (15) calendar days from the date of subscription, in accordance with the provisions set out in
clause 5.9. In such cases, the cancellation will take immediate effect and access to the services will be suspended from the moment of withdrawal.

3.5 To run active campaigns, the CLIENT must have a positive video view balance or, alternatively, an active plan that includes unlimited monthly views.

4. PRICE AND PAYMENT METHOD

4.1 The price of the services is specified in Annex I of this contract. All indicated prices are subject to applicable taxes in accordance with current legislation.

4.2 The CLIENT shall be responsible for the payment of all invoices, including in cases where a third party acts on their behalf. The assignment or use of authentication credentials by third parties is the sole responsibility of the CLIENT.

4.3 Payment will be made on a monthly basis, unless a different frequency has been agreed upon according to the contracted plan. Payment for the services shall be made using any of the methods enabled by VIEWED and accepted by the CLIENT during the subscription process.

4.4 VIEWED reserves the right to review and modify the prices stated in Annex I. However, services already paid for and not yet consumed will not be affected by price changes, which will apply only to new subscriptions or renewals.

4.5 Invoices will be issued digitally by VIEWED and made available to the CLIENT in their Client Area. By accepting this contract, the CLIENT expressly consents to this digital invoicing procedure. If the CLIENT requests a paper invoice, an additional administrative fee of €5 will be applied.

4.6 VIEWED does not store the CLIENT’s banking details. Payment and renewal management is carried out through the corresponding banking platforms. Therefore, if the CLIENT does not wish to renew the service, they must cancel it in advance: at least one (1) month prior to renewal for annual plans, or within thirty (30) days for other plan types. Otherwise, the service will be automatically renewed with no right to a refund.

4.7 The CLIENT is not entitled to a refund for early and voluntary cancellation of the contracted plan, except in cases expressly provided for under applicable legislation.

4.8 If, at the time of automatic renewal, the charge cannot be processed using the payment method provided by the CLIENT, the service will be automatically cancelled. In such cases, if the contracted plan corresponds to a discontinued or no longer available plan in VIEWED’s current commercial offer, the CLIENT will not be able to reactivate it. To continue using the services, the CLIENT must subscribe to one of the plans available at that time, under the applicable conditions and pricing.

4.9 If the CLIENT exceeds the number of video views included in their contracted plan, VIEWED will issue a monthly invoice for the excess usage, calculated according to the unit price specified in the applicable plan. The CLIENT expressly agrees to pay this additional usage promptly, regardless of whether the contracted period is annual or of another duration.

4.10 For any enquiries or requests related to billing or payment methods, the CLIENT may contact VIEWED by email at: financial@viewed.video.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES

5.1 General Obligations of the Parties
VIEWED and the CLIENT undertake to comply with the terms set out in this contract in good faith, with loyalty and diligence, acting in accordance with applicable legislation and the principles of contractual responsibility.

5.2 Obligations of VIEWED
VIEWED undertakes to provide the contracted services using all available means, ensuring the highest possible level of security, availability, and efficiency.
VIEWED may temporarily interrupt the service for maintenance tasks, technical improvements, or incidents beyond its control, and will notify the CLIENT in advance whenever possible.
VIEWED does not guarantee the continuous and uninterrupted availability of the service, as failures beyond its control may occur, such as network issues, server outages, or third-party technical incidents.
Some of VIEWED’s services are provided on shared hosting infrastructure, which may result in technical issues attributable to other users. VIEWED shall not be held liable for such events.
VIEWED undertakes to inform the CLIENT, whenever possible, of any changes to the contracted services, including changes to their terms, conditions, or pricing, using the email address provided by the CLIENT. However, if the CLIENT has expressly opted out of communications or unsubscribed from VIEWED emails, VIEWED shall not be held responsible in the event the CLIENT does not receive such information.

5.3 Exclusions of Liability

VIEWED shall not be held liable for:

Loss of data, business interruptions, or any other damage arising from the normal operation of its services, including discrepancies between the performance expected by the CLIENT and that actually delivered.
The content of the videos or the information transmitted by the CLIENT. The CLIENT is solely responsible for the content of their campaigns and the use they make of the service. VIEWED shall not be liable, directly or indirectly, for any damage caused to third parties.
Errors arising from the internet access providers used by the CLIENT.
Infection by viruses or malware on the CLIENT’s devices.
Unauthorised access by third parties, even where reasonable security measures are in place.
Incorrect technical configurations made by the CLIENT.
Breaches of rights (intellectual property, image, privacy) resulting from the CLIENT’s use of the service.
Any event solely attributable to the CLIENT.

5.4 Specific Obligations of the CLIENT

The CLIENT undertakes to:

Keep the provided email address up to date, as it will be used for all official communications. VIEWED shall not be held responsible for issues arising from an outdated email address.
Cancel the plan with the required notice in order to avoid automatic renewals. Otherwise, the charge will be processed with no right to a refund.
Safeguard and protect their username and password for the Client Area, being responsible for their use, including by third parties authorised by the CLIENT.
Use VIEWED’s technology in accordance with the service’s instructions and technical conditions. Unauthorised modifications to the code or workflow may result in the immediate termination of access, with no right to a refund and the potential for legal action.
Refrain from improper or unlawful use, including but not limited to: distributing illegal content, using personal data without consent, engaging in spam practices, or conducting fraudulent activities.

5.5 Prohibited Use of the Services

The CLIENT agrees not to use VIEWED’s services for purposes contrary to good faith, the law, or the rights of third parties. In particular, it is expressly prohibited to:

Use the services in breach of applicable regulations or the legitimate rights of third parties.
Publish or transmit illegal, defamatory, violent, discriminatory, xenophobic content, or content that incites hatred.
Use, distribute, or store cracks, serial numbers, or any other resource that infringes intellectual property rights.
Collect or use personal data of third parties without their express consent or in violation of data protection regulations.
Use VIEWED’s associated email service for unlawful purposes, such as unsolicited bulk email (spam), phishing, malware, scams, or any other activity of a fraudulent, deceptive, or criminal nature.

5.6 Unauthorised Alteration of Service Operation

If VIEWED detects that a CLIENT has, without express authorisation, modified the campaign creation process or the HTML code generated by the platform in such a way that videos or other elements are served from servers not owned by VIEWED, it will immediately proceed to:

Block the CLIENT’s access to their user area and all active campaigns.
Permanently cancel the contracted service without any right to a refund for unused amounts.
Initiate the appropriate legal actions to claim for any damages caused.

5.7 Uso de la funcionalidad de IA en fase beta e información a destinatarios

Information and Voluntary Acceptance: The CLIENT declares that they have been informed by VIEWED that the video generation functionality using generative artificial intelligence is currently in its beta phase, and may contain errors, limitations, or unexpected behaviour. Having received this information, the CLIENT voluntarily agrees to use this functionality under their sole responsibility.
Obligation to Inform Recipients: While the platform does not yet include automatic and visible labelling of AI-generated content, and until regulations requiring such labelling come into effect, the CLIENT undertakes to clearly and visibly inform recipients of their campaigns that the video content has been generated using artificial intelligence.
Commitment to Updates: VIEWED will inform the CLIENT when the automatic labelling functionality becomes available or when regulations require technical labelling. From that point onward, the CLIENT must refrain from removing or altering such labelling.

5.8 Audits

VIEWED reserves the right to carry out audits to verify correct use of the service and to prevent unauthorised alterations. The CLIENT must cooperate with such audits.

5.9 Right of Withdrawal and Service Cancellation

In accordance with Articles 102 and following of Royal Legislative Decree 1/2007, the CLIENT has the right to withdraw from the contract within 14 calendar days from the date of subscription.
However, under Article 103, this right does not apply to digital services that have already begun. Therefore, if the CLIENT accesses the platform and consumes, either fully or partially, the video views included in the plan, they will forfeit this right.

6. FORCE MAJEURE

Neither party shall be held liable for failure to fulfil the obligations arising from this contract when such failure is due to causes of Force Majeure, in accordance with current legislation. In such cases, no compensation shall be due. If the suspension resulting from such circumstances lasts more than two months, the contract may be terminated at the request of either party.

7. TERMINATION

7.1 This contract may be terminated, in addition to the cases legally established and those provided for in the various clauses of this document, in any of the following circumstances:

● By mutual agreement between the parties.

● Due to non-renewal of the services in accordance with the provisions of this contract. If early cancellation is requested before the end of the contracted period, the CLIENT must pay any outstanding fees.

● By termination resulting from either party’s breach of the obligations established in this contract.

7.2 In the event that the CLIENT’s breach leads to early termination of the contract as per clause 7.1, VIEWED reserves the right to immediately terminate the contractual relationship, deactivate access to the contracted services without prior notice, and the CLIENT shall not be entitled to any compensation or refund of amounts already paid.
7.3 In any case of termination or cancellation of the contract, whether for the above reasons or any other legally recognised grounds, the CLIENT shall remain obliged to fulfil all economic or contractual obligations previously acquired with VIEWED or with third parties.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

8.1 VIEWED’s technology operates using polymorphic computer code developed and registered in the name of VIEWED, which holds exclusive ownership of all exploitation rights recognised under current intellectual property legislation.

Any reproduction, copying, transfer to third parties, distribution, decompilation, or use other than as contractually provided is expressly prohibited, except for those minimum rights necessary for the correct execution of the video marketing service covered by this contract.
VIEWED also declares that it shall not incorporate into the development of its services any process, work, knowledge, information, technology, or content that infringes the rights of third parties, including trade secrets, designs, patents, trademarks, or copyrights, without having previously obtained the proper authorisation or licence for use.
The trademarks, trade names, logos, and other distinctive signs of VIEWED are the property of Viwom Video Marketing S.L., and this contract does not confer any right of use over them to the CLIENT, unless expressly authorised in writing.

8.2 The CLIENT authorises VIEWED to use their trade name, logo, or brand for promotional or commercial purposes, including its inclusion on VIEWED’s corporate website or in presentations as examples of campaigns carried out using VIEWED’s technology. Real examples of campaigns that have already been publicly executed by the CLIENT via the platform may also be shown.

However, the CLIENT may revoke this authorisation at any time by submitting a written request to the contact address specified in this contract. VIEWED undertakes to cease such authorised use immediately from the date of receipt of the revocation, without being obliged to remove promotional material already produced prior to that date.

9. CONFIDENTIALITY

Here is the natural UK English translation of clause 9 (Confidentiality):

9. CONFIDENTIALITY

9.1 All information, documentation, and technical, commercial, or strategic data disclosed by one party to the other in the course of performing this contract shall be treated as strictly confidential and shall be considered the exclusive property of the disclosing party. Such information may not be disclosed to third parties or used for purposes other than those arising from the performance of the contract, unless expressly authorised in writing by the owner of the information.

9.2 The following categories of information are expressly excluded from the confidentiality obligation:

Information disclosed by its owner to third parties without restriction.
Information that is in the public domain at the time of disclosure or becomes so without breach of this contract.
Information that must be disclosed in compliance with a legal provision, court order, or mandate from a competent authority.
Information lawfully obtained from a third party not subject to a confidentiality obligation in respect of it.

9.3 The confidentiality obligation set out herein shall remain in force throughout the duration of the contract and shall continue for an additional period of two (2) years after its termination, for any reason.

9.4 The delivery of or access to confidential information under this contract shall not imply the transfer, licence, or recognition of any intellectual, industrial, or other property rights over such information, unless expressly agreed otherwise.

10. PERSONAL DATA PROTECTION POLICY

10.1 Data Controller

VIEWED shall be the Data Controller for the personal data provided by the CLIENT in the context of executing this contract.
Full information on data processing is available in VIEWED’s Privacy Policy, accessible at: https://www.viewed.video/es/politica-de-privacidad/

10.2 Purpose of Processing

The personal data collected will be processed exclusively for the following purposes:

To formalise, manage, and maintain the contractual relationship arising from the subscription to VIEWED’s services.
To respond to requests or enquiries, and to carry out technical, administrative, operational, or commercial communications related to the contracted services.
To comply with VIEWED’s legal obligations.
To maintain a historical record of commercial relationships and to perform internal statistical analyses.

The data will be retained only for as long as necessary to fulfil these purposes, or while a legal obligation to retain them remains in force.

10.3 Lawful Basis for Processing

The legal basis for processing the data is the performance of the contract entered into between VIEWED and the CLIENT. In cases where consent is required (e.g. for sending commercial communications by electronic means), such consent will be explicitly requested and may be withdrawn at any time. The CLIENT guarantees the accuracy of the data provided and undertakes to notify any changes.

10.4 Disclosures and International Data Transfers

Personal data will only be disclosed to third parties in the following cases:

To comply with legal obligations.
To service providers acting on behalf of VIEWED (data processors), with whom the corresponding data processing agreement has been signed in accordance with Article 28 of the GDPR.
In the event of international data transfers, VIEWED will ensure they are carried out in accordance with the required legal safeguards, such as the standard contractual clauses approved by the European Commission.

10.5 Data Subject Rights

The CLIENT may exercise their rights of access, rectification, erasure, objection, restriction of processing, and data portability at any time by submitting a written request to VIEWED’s postal address or by email to: support@viewed.video, accompanied by a copy of a valid identification document.
Furthermore, if the CLIENT believes their rights have been violated, they may lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos): C/ Jorge Juan, 6 – 28001 Madrid (www.aepd.es).

10.6 Security Measures

VIEWED implements appropriate technical and organisational measures to ensure the security, confidentiality, integrity, resilience, and availability of the personal data processed, in accordance with Article 32 of the GDPR.
These measures include access controls, encryption, activity logs, incident management policies, and ongoing risk assessment.

10.7 VIEWED as Data Processor

In cases where VIEWED, at the CLIENT’s request, processes personal data for which the CLIENT is the data controller (e.g. recipient lists for campaigns), VIEWED shall act as Data Processor in accordance with Article 28 of the GDPR.
The specific conditions of this processing are set out in Annex II of this contract.

11. ASSIGNMENT

The CLIENT may not assign to third parties any rights or obligations arising from this contract without the prior written consent of VIEWED.
VIEWED, on the other hand, may assign its rights, obligations, or contractual position to any company.

12. MODIFICATION

VIEWED reserves the right to modify, in any way, the characteristics and conditions of its services, always in the interest of their development and improvement. To do so, VIEWED need only notify the client via an online notice, by publishing the change on the VIEWED platform, within the clauses of this contract, or by sending it via email.
Without prejudice to the foregoing, VIEWED shall inform the client in writing as soon as possible so they may adapt accordingly. However, such modifications shall not affect any contracted but unused package.
In compliance with the above, VIEWED must communicate these changes to clients in writing at the earliest opportunity to allow for their adjustment.
These modifications shall not affect services already contracted and not yet consumed by the CLIENT, which shall remain valid under the originally agreed terms until completion.

13. LIMITATION OF WARRANTY AND LIABILITY

13.1 VIEWED, as well as its directors, officers, employees, agents, collaborators, and shareholders, shall under no circumstances be held liable for direct, indirect, incidental, special, or consequential damages arising from the CLIENT’s use of the contracted services, including — but not limited to — loss of data, business interruptions, or any other harm, even if VIEWED has been advised of the possibility of such damages.

13.2 The parties expressly acknowledge that the signing and entry into force of this contract does not establish any form of representation, mandate, partnership, agency, or employment relationship, nor does it confer any warranties or rights beyond those expressly set out herein.

14. SEVERABILITY

If any clause of this contract, or part thereof, is declared null, invalid, or unenforceable by a final court ruling or competent authority, such nullity shall not affect the remainder of the contract, which shall remain fully valid and enforceable.
However, if the affected clause is essential to the performance of the contract, the parties may agree to renegotiate it or, failing that, terminate the contract.

15. APPLICABLE LAW AND COMPETENT COURTS

This contract shall be governed by the applicable laws of Spain.
Before resorting to the courts, the parties shall attempt to resolve any dispute through mediation or another alternative dispute resolution method (ADR).
If no agreement is reached within three months of the first mediation meeting, or within 30 calendar days of the invitation to negotiate, either party may refer the matter to the Courts of First Instance in Logroño, waiving any other jurisdiction, where permitted by applicable law.
The court may order the party that unjustifiably obstructs mediation to bear the legal costs.

ANNEX I – TYPES OF SERVICES, PRICES AND INCLUDED RESOURCES

1. DESCRIPTION OF THE TECHNOLOGY SUPPORTING THE SERVICES

VIEWED offers advanced video marketing technology designed to embed videos — including personalised videos — directly within the body of email messages, through an intelligent and adaptive processing system. This technology is based on polymorphic code that detects, in real time, the technical characteristics of the recipient’s environment (email client, device, browser, operating system, etc.) and automatically delivers the most suitable format to ensure the best possible viewing experience.
Videos can be static, animated, or individually personalised for each recipient. Personalisation is carried out using a base video provided by the CLIENT and can be automated using data files (such as CSV files) or API integrations with the CLIENT’s CRM systems or websites.
In addition to email marketing use, videos generated using VIEWED technology may also be used in digital advertising (Display) or on social media, provided the CLIENT integrates them correctly into their AdServer or Demand Side Platform (DSP) within a programmatic marketing ecosystem. The video URLs may also be shared via SMS messaging campaigns.

VIEWED provides the CLIENT with two distinct APIs:

● One API for embedding videos in emails, compatible with most ESP platforms.

● Another API for automating the creation of personalised videos, enabling scalable and dynamic campaign management.

1.1 Functionality in Email Inboxes

When an email campaign with video is sent to a B2C database, compatibility results typically break down as follows:

Approximately 55% of recipients will view the video with autoplay and audio directly within the email.
Around 30% will see a soundless animation (e.g., in GIF or WebP format), which, when clicked, will redirect to a landing page where the full video plays with audio.
The remaining 15% will see a static image with a play icon, which will also open the full video on a personalised landing page when clicked.

1.2 Customisable Settings During Campaign Creation

Depending on the subscribed plan, the CLIENT will be able to configure the following options during the campaign creation process:

● Select the poster image to be displayed:

When the recipient’s environment does not support smooth video playback.
When the CLIENT has used up the video views included in their plan.
As a preview before playback begins while the content is being served from VIEWED’s servers.

● Select the most representative 15 seconds of the video to display in cases where the recipient’s environment does not support full-length playback.

● Enable or disable overlay icons on the video during playback.

● Include or exclude a visible call-to-action (CTA) button directly on the video.

These options allow the CLIENT to optimise the recipient’s experience based on the technical limitations of their environment and the strategic objectives of each campaign.

2. SERVICES OFFERED BY VIEWED

2.1 Services, Features and Pricing The services, features, and prices are described according to each plan in the following section of VIEWED’s website: https://www.viewed.video/es/precios-video-email/

2.2 Plan Changes The CLIENT may upgrade to a higher plan at any time during the term of the contract, in accordance with the prices and conditions in force at the time of the change. This upgrade will not alter the renewal date or duration of the previously contracted plan. To downgrade to a lower plan, the CLIENT must first cancel the active plan, provided all payments and obligations under that plan have been fulfilled. They may then subscribe to any of the available plans at the time of the request. Once a plan has been cancelled, it cannot be reactivated if it is no longer included in VIEWED’s commercial offering. All plan changes must be managed from the CLIENT Area or by contacting VIEWED’s support team via email at: support@viewed.video.

2.3 Trial Period When subscribing to any paid plan, the CLIENT will be entitled to a free 15-day trial period, provided a valid payment method is supplied during the registration process. No charges will be made to the CLIENT during this period. The trial period is limited to a single use. If the CLIENT later upgrades to a higher plan, a new trial period will not be granted. Additionally, certain features or services may be restricted during the trial and will only be unlocked once the period ends and the plan remains active. The CLIENT may cancel the plan at any time during the trial period to avoid being charged. If cancellation is not made within this timeframe, the service will automatically renew and the corresponding charge will be made using the payment method provided. In such cases, the CLIENT will not be entitled to a refund. 3. Personalised Video Service

The VIEWED platform enables the one-to-one generation of personalised videos for each recipient. There are two personalisation modes:

● Personalisation via CSV file: The CLIENT provides a file containing the data to be incorporated into each video. VIEWED will process this information in accordance with its privacy policies.

● Real-time personalisation via API: Through integration with the CLIENT’s CRM and/or website. In this case, the CLIENT authorises VIEWED to access and process the required data, always under the terms of the applicable privacy policy.

To operate correctly, the CLIENT must provide a base video to which the agreed personalisations will be applied. These personalisations define the variable content based on the objectives of the campaign.

VIEWED’s auto-scalable infrastructure allows for the real-time generation of an unlimited number of personalised videos, while also ensuring high levels of concurrency for viewing from multiple international locations.
Personalised videos can be integrated into email marketing campaigns, SMS messages, push notifications, or remarketing campaigns. They can also be automatically adapted into different languages, according to the configuration of the CLIENT’s CRM or website.
Advanced personalisation, the type of integration, and the volume of videos created will depend on the subscribed plan and may be subject to specific configurations and additional costs.

4. Contracted Services, Price and Payment Method

The services provided by VIEWED to the CLIENT will correspond to the subscribed plan, whose features, included resources, and conditions shall be those in effect at the time of subscription. The applicable prices will likewise be those established for that plan at that time.
The CLIENT undertakes to pay the amount corresponding to the subscribed plan using the payment method provided during the registration or subscription process. This method will be used for both the initial charge and for automatic service renewals, unless the CLIENT expressly changes it via their Client Area.
Any price changes will apply only to new subscriptions or subsequent renewals, without affecting the cost of services already contracted and active at the time of the change.

ANNEX II – DATA PROTECTION

VIEWED as DATA PROCESSOR

VIEWED, acting as the DATA PROCESSOR, and at the request of the CLIENT (hereinafter the DATA CONTROLLER), may access personal data owned and controlled by the CLIENT. In such cases, and in accordance with the provisions of applicable data protection legislation (including the General Data Protection Regulation – GDPR), the following is agreed:

1. Identification of the Information and Duration of Processing

The CLIENT may make the following information available to VIEWED for processing as the DATA PROCESSOR:

● Email addresses of the CLIENT’s customers.

The duration of the processing shall be strictly limited to the time necessary for the provision of the service, or to the period specified by the DATA CONTROLLER in their request.
2. Obligations of the DATA PROCESSOR

The DATA PROCESSOR (VIEWED) undertakes to:

a) Use the personal data solely for the purpose requested by the DATA CONTROLLER. Under no circumstances may the data be used for its own purposes.

b) Process the data in accordance with the documented instructions of the DATA CONTROLLER. If any instruction infringes the GDPR or other applicable legislation, the DATA PROCESSOR must immediately inform the DATA CONTROLLER.

c) Maintain a written record of all processing activities carried out on behalf of the DATA CONTROLLER, including:

Name and contact details of the DATA PROCESSOR and their DPO (if applicable).
Categories of processing operations performed.
International data transfers, if any, and the applicable safeguards.
General description of the technical and organisational security measures adopted.

d) Not disclose personal data to third parties, except with the express written authorisation of the DATA CONTROLLER or in cases provided for by law. If data disclosure is required, the recipient, the data to be disclosed, and the applicable security measures must be specified in writing beforehand. In the event of a legal obligation to carry out an international data transfer, the DATA CONTROLLER must be informed unless expressly prohibited by law.

e) Not subcontract the processing, except for auxiliary services necessary for normal operations. For other subcontracting arrangements, the DATA CONTROLLER must be notified in writing at least 30 days in advance, clearly identifying the sub-processor. If the DATA CONTROLLER does not object within that period, the subcontracting shall be deemed authorised. The sub-processor shall be bound by the same terms as the DATA PROCESSOR.

f) Maintain the duty of secrecy and confidentiality, even after the termination of the service.

g) Ensure that all personnel authorised to process personal data are bound by written confidentiality agreements and have received appropriate data protection training.

h) Retain documentation that demonstrates compliance with the above obligations and make it available to the DATA CONTROLLER.

i) Assist the DATA CONTROLLER in handling data subject rights, including:

Access, rectification, erasure, and objection.
Restriction of processing.
Data portability.
Objection to automated decision-making, including profiling.

Such requests must be forwarded to the DATA CONTROLLER without delay, and in any case, no later than the next working day following their receipt.

j) Notify the DATA CONTROLLER without undue delay of any personal data breach, providing:

A description of the breach (including categories and approximate number of affected individuals and records).
Contact details of the DPO or designated contact person.

Where the breach poses a high risk, data subjects must also be notified, using clear and plain language.

k) Assist the DATA CONTROLLER in conducting Data Protection Impact Assessments (DPIAs), where applicable, and in carrying out prior consultations with the supervisory authority.

l) Allow audits and inspections by the DATA CONTROLLER or auditors appointed by them, and provide the necessary information to demonstrate compliance with this annex.

m) Implement appropriate security measures to ensure:

The confidentiality, integrity, availability, and resilience of systems.
The ability to restore access to personal data in the event of physical or technical incidents.
Periodic evaluation of the effectiveness of such measures.
Pseudonymisation and encryption of data, where appropriate.

n) Upon completion of the service, return to the DATA CONTROLLER all personal data processed, as well as any media containing such data. This return shall involve the complete deletion of data from the DATA PROCESSOR’s systems, unless a securely encrypted copy must be retained for potential contractual liabilities.

3. Obligations of the DATA CONTROLLER

The CLIENT, as the DATA CONTROLLER, shall:

a) Provide the DATA PROCESSOR with the data necessary for proper service delivery.

b) Ensure that the DATA PROCESSOR complies with the GDPR and with this annex, both prior to and throughout the data processing.

c) Oversee the processing and exercise control over the DATA PROCESSOR’s compliance with the obligations undertaken.