1. Purpose
These Conditions govern the aspects relating to the acquisition of ApisKit products, including the commercial purchase information, price, taxes, payment, delivery of the digital product, withdrawal, refunds and incidents related to the transaction.
The license to use the code, its permitted and prohibited uses, support, updates, usage warranties, liability, suspension and termination are governed exclusively by the Terms of Service and are not reproduced on this page.
2. Product owner
The owner and licensor of the ApisKit products is the person identified in the ApisDom Legal Notice, where their full identification and contact details are available:
https://apisdom.com/legal#aviso
That data is not reproduced again here as it is permanently and directly accessible in that Legal Notice.
3. Where the purchase is made
No sales are made and no payments are processed on kit.apisdom.com.
kit.apisdom.com works as a presentation site for ApisKit products and as a demonstration environment for certain features.
Purchases are made through the Polar Checkout links available on this site, and payment is completed entirely on Polar's external infrastructure.
Visiting, registering or using the demo does not constitute a purchase or generate a payment obligation.
4. Role of Polar
Purchase operations are processed by Polar Software, Inc. as Merchant of Record.
Polar acts as non-exclusive reseller of the products and is the entity from which the buyer acquires the product. ApisKit retains ownership of the software and is the party that licenses it under the applicable ApisKit license.
Within its Merchant of Record function, Polar manages the order, the indirect taxes corresponding to the transaction, the documentation of the operation and the procedures relating to disputes, refunds and chargebacks.
Therefore, the commercial transaction and the software license are distinct relationships.
5. Information about each product
Before making a purchase, the buyer must review the corresponding product listing.
The listing, associated documentation and applicable conditions will determine which product is acquired, what elements it includes, its relevant technical requirements, its known functionality, compatibility and interoperability, the scope of the license, the delivery method and, where applicable, the support or updates included.
Only the elements and rights expressly offered for the acquired product or tier will be considered included.
Spanish law requires pre-contractual information about the main characteristics and, in the case of digital content, about relevant functionality, compatibility and interoperability.
The demo
The demo allows checking certain features before buying.
Unless expressly indicated in the product listing, the purchase does not include the hosted infrastructure used to run the demo, provider accounts, domains, credentials, demo data or external services used to show it.
The acquired product will be exactly the one described in its corresponding listing and contractual documentation.
The above is understood without prejudice to the mandatory conformity rights that apply when a trial version or preview legally forms part of the characteristics the consumer may expect from the product.
6. Price and taxes
The applicable final price will be the one shown in the Polar Checkout immediately before completing the payment.
The buyer will be able to check the corresponding total amount before assuming the payment obligation.
Polar calculates, collects, reports and remits the indirect taxes corresponding to the transaction.
Prices may be modified for future purchases. A subsequent modification does not alter the economic conditions of a purchase already formalized.
7. Payment and completion of the purchase
Payment is made entirely through Polar Checkout, with the payment methods that Polar makes available to the buyer.
ApisKit does not directly process the full card data or decide the authorization or rejection of the payment method.
In the purchase process, the buyer selects the product, also accepts the provider's conditions, enters the necessary data and completes the purchase.
Once the operation is carried out, Polar sends the corresponding order confirmation to the email address provided by the buyer.
8. Product delivery
ApisKit products are digital products.
The specific form of delivery will be the one indicated in the product listing and may consist of download, private access, repository access, link, files or another expressly indicated digital mechanism.
The product will be deemed made available when the buyer receives or has the corresponding access mechanism enabled.
The buyer is responsible for correctly providing the data needed to receive the product and for keeping their own access.
Products are delivered through the benefits and downloads configured in Polar: Polar provides the connection and ApisKit supplies the product. If a technical problem prevents or unjustifiably delays delivery, Polar contemplates the replacement of the product or the refund of the price, as applicable.
9. Consumers and professional buyers
When the buyer legally has the status of consumer or user, they will retain all the mandatory rights that applicable law recognizes for them.
These Conditions' references to specific consumer rights do not automatically extend to purchases made by persons or entities acting within their business, commercial, professional or trade activity when they do not legally have that status.
No provision of these Conditions is intended to exclude a right that cannot legally be excluded.
10. Right of withdrawal
As a general rule, Spanish law grants the consumer a period of 14 calendar days to withdraw from certain distance contracts, subject to the legally provided exceptions.
ApisKit products constitute digital content supplied without a material medium. When the supply begins during the withdrawal period, the law allows the loss of that right if the legal requirements are met: prior consent to begin the supply, acknowledgement of the loss of the right and the corresponding contractual confirmation.
The loss of the right of withdrawal will apply only to the extent that the requirements demanded by the applicable mandatory law are met.
11. Refund policy
Due to the nature of the product and the access to source code once supplied, no additional contractual right of refund is offered for a simple change of mind after the product has been delivered or its access has been enabled.
This rule does not affect:
the mandatory rights that legally correspond to the buyer, the cases of failure to supply or lack of conformity, or the powers that correspond to Polar as Merchant of Record.
Polar evaluates refunds in accordance with applicable law, the applicable refund policy and card network rules. For one-time purchases, Polar may grant a refund when requested within 10 days of the purchase, without this constituting an automatic right of return: it is for Polar to decide whether it applies.
Polar may also cancel a transaction and refund it when it reasonably believes the transaction was made in error or fraudulently, when it considers that it may become subject to a chargeback, when the supplier has not responded within 72 hours to a request for transactional support assistance, or when required by applicable law, the payment processor or the card network rules.
12. Product conformity
Withdrawal and product conformity are different matters.
The valid loss of the right of withdrawal does not eliminate the legal rights that correspond to a consumer when the digital content is not in conformity with what was contracted.
Where consumer regulations apply, the product must conform to the description, functionality, compatibility, interoperability and other contractually offered characteristics. In the event of a lack of conformity, the corrective measures established by law will apply.
A problem produced exclusively by an incompatible technical environment does not necessarily constitute a lack of conformity when the relevant technical requirements were clearly communicated before the contract. Spanish regulations expressly contemplate this case for digital content.
Therefore, the buyer must review the technical requirements of the product before acquiring it.
13. Invoices and receipts
Polar is the seller of the transaction and provides the economic documentation of the operation electronically.
The buyer must keep the order confirmation, invoice or receipt as proof of their acquisition and of the tier purchased.
ApisKit does not issue an invoice to the buyer or directly demand payment from them for an operation carried out through Polar. These Conditions do not modify the documentary and tax obligations that legally correspond to Polar as the selling entity of the transaction.
14. Payment incidents, refunds and chargebacks
Incidents related exclusively to the charge made, payment method, duplicate charges, unrecognized operations, transaction refunds or chargebacks must be handled through the procedures established by Polar.
Polar handles payments, refunds, chargebacks and the initial incidents relating to the order.
ApisKit handles product support, the code, delivery, technical operation and the license. These incidents may be reported through the contact channel indicated in the Legal Notice.
15. Relationship with the other documents
These Conditions govern exclusively the acquisition, payment, delivery, withdrawal and refunds.
The Terms of Service govern the software license, use of the code, permitted and prohibited uses, support, updates, usage warranties, liability, suspension and termination.
The Privacy Policy governs exclusively the processing of personal data carried out through ApisKit.
The Cookie Policy governs the cookies and equivalent technologies used on kit.apisdom.com.
The Legal Notice contains the legal identification of the owner and the other matters proper to that document.
The matters specifically governed in those documents are not reproduced in these Conditions.
16. Applicable version
The version of these Conditions applicable to an acquisition will be the one in force and accessible at the time the purchase is made.
Subsequent modifications will apply to future operations and will not retroactively reduce the rights acquired in purchases already formalized.
For matters proper to the transaction with Polar, the Polar Buyer Terms and Conditions and other corresponding contractual conditions will apply.
For matters proper to the ApisKit software license, the ApisKit Terms of Service will apply.
In any case, the rights and obligations that are mandatory under applicable law will prevail.
