{"id":1518,"date":"2020-09-20T21:02:49","date_gmt":"2020-09-20T19:02:49","guid":{"rendered":"https:\/\/visualwebs.es\/?page_id=1518"},"modified":"2026-05-27T18:45:46","modified_gmt":"2026-05-27T16:45:46","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/visualwebs.eu\/es\/terms-and-conditions\/","title":{"rendered":"T\u00e9rminos y condiciones"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"1518\" class=\"elementor elementor-1518\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-2dd40526 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"2dd40526\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-12693c3c\" data-id=\"12693c3c\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-6913ee46 elementor-widget__width-initial elementor-widget elementor-widget-text-editor\" data-id=\"6913ee46\" data-element_type=\"widget\" data-e-type=\"widget\" data-settings=\"{&quot;ekit_we_effect_on&quot;:&quot;none&quot;}\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p>TERMS<b> AND CONDITIONS <\/b><\/p><p><b>1. ACCEPTING THESE TERMS<\/b><br \/>1.1 THIS LICENSE AGREEMENT (HEREINAFTER AGREEMENT) IS AN AGREEMENT BETWEEN YOU (THE PERSON OR COMPANY WHO IS BEING LICENSED TO USE THE SOFTWARE OR DOCUMENTATION) AND VISUALWEBS SPAIN (HEREINAFTER WE\/US\/OUR). THE AGREEMENT APPLIES TO ALL PRODUCTS\/SOFTWARE\/SCRIPTS\/SERVICES YOU PURCHASE FROM US.<\/p><p>1.2 By purchasing the Software you acknowledge that you have read this Agreement and that you agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.<\/p><p>1.3 The Agreement comes into legal force at the moment when you order our Software from our site or receive it through email or on data medium at our discretion.<\/p><p><b>2. CHANGES<\/b><br \/>We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it.<\/p><p><b>3. COPYRIGHTS<\/b><br \/>We are the copyright holder of the Software. The Software or a portion of it is a copyrightable matter and is liable to protection by the law. Any activity that infringes the terms of this Agreement violates copyright law and will be prosecuted according to the current law. We reserve the right to revoke the license of any user who is holding an invalid license.<\/p><p><b>4. PERMISSION<\/b><br \/>This Agreement gives you the right to use only one copy of the Software on one domain installation solely for your own personal or business use, subject to all other terms of this Agreement. A separate License should be purchased for each new Software installation. Any distribution of the Software without our consent, including noncommercial distribution, is regarded as a violation of this Agreement and entails liability, according to the current law.<\/p><p><b>5. YOUR OBLIGATIONS AND RESPONSIBILITIES<\/b><br \/>5.1 You may not use any part of the code in whole or part in any other software or product or website.<\/p><p>5.2 You may not give, sell, distribute, sub-license, rent, lease, or lend any portion of the Software or Documentation to anyone.<\/p><p>5.3 You may not place the Software on a server so that it is accessible via a public network such as the Internet for distribution purposes.<\/p><p>5.4 You are bound to preserve the copyright information intact; this includes the text\/link at the bottom.<\/p><p><b>6. OUR RIGHTS AND OBLIGATIONS<\/b><br \/>6.1 We reserve the right to publish a selected list of users of our Software.<\/p><p>6.2 We will not be liable to you for any damages (including any loss of profits\/saving, or incidental or consequential) caused to you, your information, and your business arising out of the use or inability to use this Software.<\/p><p>6.3 We are not liable for prosecution arising from the use of the Software against law or for any illegal use.<\/p><p><b>7. TERMINATION<\/b><br \/>7.1 If you fail to use the Software in accordance with the terms and conditions of this License Agreement, it constitutes a breach of the agreement, and your license to use the program is revoked.<\/p><p>7.2 Visualwebs Spain reserves the right to change this license agreement at any time and impose its clauses at any given time.<\/p><p>7.3 License agreement remains effective until terminated. We retain the right to terminate your license to use the Software at any time, if, in its sole discretion, you are not abiding by the terms of the Agreement, including, but not limited to, obscuring or removing any link or copyright notice as specified in this agreement. You may terminate it at any time by destroying all copies of the Software. Termination of this Agreement does not bind us to return you the amount spent on the purchase of the Software.<\/p><p>7.4 If you continue to use the Software after Visualwebs Spain gives you notice of termination of your license, you hereby agree to accept an injunction to enjoin you from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce our revocation of your license and any damages suffered by us because of your misuse of the Software.<\/p><p><b>8. NO GUARANTEE<\/b><br \/>8.1 Every software is designed for a specific platform edition. Visualwebs Spain does not guarantee the correct work of this extension on any other editions or platforms. Visualwebs Spain does not provide extension support in case of incorrect edition usage.<\/p><p>8.2 Support service will be defined in accordance with the option selected during the purchase. After the purchase, the user has access to free product upgrades for a period of three months. Any change in these conditions will be specified in the product description.<\/p><p>8.3 Support for customization services will be defined in accordance with the option selected during the purchase. After the purchase, the user has access to free product upgrades for a period of three months. Any change in these conditions will be specified in the product description.<\/p><p><strong>9. CUSTOMIZATION SERVICES<\/strong><\/p><p>9.1 Once a customization pack\/s is purchased, the amount paid is not refundable, except where mandatory law provides otherwise.<\/p><p>9.2 Packs may include validity and usage conditions as described in each product page. Credit consumption is computed based on hours worked, subject to applicable multipliers as described in this section.<\/p><p>9.3 Our developers will keep you informed when a task is completed or when additional credits are required. We will not generate negative credit balances without prior customer confirmation.<\/p><p>9.4 If available credits are exhausted, work cannot continue until additional credits are purchased.<\/p><p>9.5 Every support response has a minimum cost of 1 credit, including brief replies.<\/p><p>9.6 Immediate attendance tickets and critical-priority tickets apply a multiplier of 2x on consumed credits. Tasks where AI tooling is used by the developer (Copilot, LLM integrations, or automated AI workflows) apply an AI multiplier disclosed transparently per reply. The current applicable AI multiplier is published on this page and may be updated at any time in accordance with section 2 of these Terms.<\/p><p>9.7 If an Immediate attendance issue is cancelled while work is already in progress, consumed credits are still deducted under the applicable rate.<\/p><p>9.8 Weekend tasks (Saturday-Sunday) and Spanish public holidays may apply the same 2x credit rate as Immediate attendance.<\/p><p>9.9 Immediate attendance is prioritized according to queue and operational capacity. Availability is not a guaranteed SLA unless expressly stated in the related product.<\/p><p>9.10 Customizations are not available as Immediate attendance and may be ignored if submitted under that mode.<\/p><p>9.11 Credit deductions are computed based on hours worked, multiplied by the applicable rate and any active multipliers (urgency 2x, AI-powered 1.2x).<\/p><p>9.12 By accepting this agreement, you confirm that you maintain backups of all affected sites\/servers\/databases and can restore a previous state if needed. You release Visualwebs from liability for data loss, except where mandatory law provides otherwise.<\/p><p>9.13 Effective date of the new credit computation system: the new computation system applies to support packs purchased after 1 April 2026. Packs purchased on or before that date continue under the conditions applicable at purchase.<\/p><p>9.14 The current AI multiplier rate is <strong>1.2x<\/strong>. Visualwebs reserves the right to revise this rate at any time by updating this page, pursuant to section 2. The rate applicable to a given reply is the one in force at the time the reply is submitted.<\/p><p><b>10. DISCOUNTED ACCOUNTS<\/b><br \/>Any customer having a price level where the hourly rate is less than 20\u20ac, should generate a minimum of 5000\u20ac\/year in purchases to keep the rate, or his account will be moved to regular price at the end of the year.<\/p><p><b>11. BLOG TUTORIALS AND WEB RECIPES<\/b><br \/>We will not accept any claim for the use of our tutorials, and the consequences derived as in the systems where they are used, such as loss or corruption of data. Before following the instructions in any tutorial on this website you agree to make a full backup of all your affected computers in the process, and it should always be run in a risk-free test environment.<\/p><p><b>12. SECURITY<\/b><br \/>We ensure the protection and honesty of the data it gathers by utilizing fitting authoritative conventions, specialized shields, and actual security controls intended to restrict access, identify and forestall the unapproved access, inappropriate divulgence, adjustment, or obliteration of the data under its influence.<\/p><p><b>13. LIMITATIONS<\/b><br \/>In no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials or content available through the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.<\/p><p>Notwithstanding anything to the contrary in these Terms, any liability arising from AI Services, Third-Party Services, infrastructure dependencies, and automated workflows shall be governed primarily by Section 21.<\/p><p><b>14. INDEMNIFICATION<\/b><br \/>You agree that you will be responsible for your use of the software, and you agree to defend and indemnify us from and against every claim, liability, damage, loss, and expense, including reasonable attorneys\u2019 fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.<\/p><p><b>15. REFUNDS<\/b><br \/>15.1 <em>30 Days Refund for Digital Products<\/em><\/p><p>We offer a 30-day refund policy for all our digital products. If you are not satisfied with your purchase, you may request a refund within 30 days of the original purchase date. To initiate the refund process, please contact our support team at [support@visualwebs.eu] with your order details.<\/p><p>15.2. <em>Prepaid Support Packs:<\/em><br \/>The refund policy for prepaid support packs differs slightly. Refunds for prepaid support packs will only be applicable to the support hours not consumed. If any support hours have been utilized, the corresponding amount will be deducted from the refund.<\/p><p>15.3 Subscription Services<br \/>Please note that subscription-based services are non-refundable once the payment has been processed. This includes any recurring payments for services that have already been accessed.<\/p><p>15.4 <em>Refund Process:<\/em><br \/>To request a refund, please contact our support team at [support@visualwebs.eu] within the specified refund period. Provide your order details and a brief explanation of your reason for the refund. Our team will review your request and process it as per the terms outlined in this policy.<\/p><p>15.5. <em>Cancellation of Product\/Service Usage:<\/em><br \/>Upon completion of a refund, the user acknowledges that their rights to continue using the product or service are canceled. All licenses and permissions to download the product will be revoked. Any further use of the product or service after the refund is processed may result in legal action.<\/p><p>15.6. <em>Contact Information:<\/em><br \/>If you have any questions or concerns regarding our refund policy, please contact us at [support@visualwebs.eu].<\/p><p><strong>Note<\/strong>: VisualWebs.eu reserves the right to modify this refund policy at any time without prior notice. It is the responsibility of the customer to review this policy periodically<\/p><p><b>16. AI Services Disclaimer<\/b><\/p><p>None of the AI-related services provided by Visualwebs, including suggestions, predictions, analyses, or AI-generated responses\u2014whether through our proprietary services or third-party providers such as OpenAI\u2014should be interpreted as investment advice, recommendations for asset purchases, or any actions that might impact the user&#8217;s financial situation. These AI services are intended to serve solely as statistical tools within the user&#8217;s broader financial strategies. By utilizing our platform&#8217;s services, clients acknowledge and agree that Visualwebs will not be liable for any use of these tools. Users accept full responsibility for their financial decisions and any resulting outcomes.<\/p><p>Additionally, please note that neither trial, demo, free, nor paid accounts with Visualwebs include the costs associated with third-party services such as OpenAI and Pinecone. Users are responsible for any additional fees that may arise from utilizing these external AI resources as part of their integration with our platform. This clarification is intended to prevent any misunderstanding regarding the financial responsibilities linked to the full implementation of our AI capabilities.<\/p><p>Please also note that free accounts do not come with any guarantees of service availability or support. Users of free accounts must rely on the provided documentation or the support chatbot for assistance.<\/p><p>One trial is available per domain or IP address. Please be aware that any overuse of this trial may result in its suspension without prior notification.<\/p><p><strong>17. Modifications to Services<\/strong><\/p><p>Visualwebs reserves the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, database, or content, without prior notice or liability.<\/p><p><strong>18. Limitation of Liability and Acceptable Use<\/strong><\/p><p>Visualwebs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from the use or inability to use our services.<\/p><p>Users agree to use our services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, our services by any third party. Prohibited activities include, but are not limited to, fraudulent activities, distributing malware, and engaging in any form of harassment or abuse.<\/p><p>By using our services, users agree to indemnify and hold harmless Visualwebs from any claims, damages, losses, or expenses arising from their use of our services.<\/p><p>Notwithstanding anything to the contrary in these Terms, any liability arising from AI Services, Third-Party Services, infrastructure dependencies, and automated workflows shall be governed primarily by Section 21.<\/p><p><strong>19. Privacy and GDPR Compliance<\/strong><\/p><p>We are committed to protecting your privacy and ensuring that your personal data is handled in accordance with the General Data Protection Regulation (GDPR). For detailed information on how we collect, use, and protect your personal data, please refer to our [Privacy Policy](https:\/\/visualwebs.eu\/privacy-policy\/).<\/p><p>By using our services, you consent to the collection and use of your personal data as described in our Privacy Policy. You have the right to access, rectify, or delete your personal data, as well as the right to restrict or object to its processing. For any questions or concerns regarding your privacy rights, please contact us at privacy@visualwebs.eu.<\/p><p>We reserve the right to update our Privacy Policy from time to time. Any changes will be posted on our website, and we encourage you to review our Privacy Policy periodically to stay informed about how we are protecting your information.<\/p><p><strong>20. Data Processing Agreement (DPA)<\/strong><\/p><p>When you connect a Shopify store to our platform, Visualwebs Spain acts as a data processor on your behalf in accordance with GDPR Article 28. We commit to:<\/p><ul><li>Processing merchant customer data only to provide the contracted services (automation workflows, AI analytics)<\/li><li>Not selling or sharing data with third parties except sub-processors required to deliver the service (n8n for workflow automation, hosted in EU)<\/li><li>Applying technical and organizational measures to protect data (TLS encryption in transit, access controls)<\/li><li>Retaining event data for no longer than necessary (maximum 7 days for processed events)<\/li><li>Supporting your obligations as data controller, including responding to data subject requests<\/li><li>Deleting or returning all personal data upon termination of the service<\/li><\/ul><p>By using our services, you agree to this Data Processing Agreement.<\/p><p><strong>21. FREE PLAN, AI\/LLM SERVICES, THIRD-PARTY SERVICES, AND LIABILITY ALLOCATION<\/strong><\/p><p><strong>21.0 Provider Location and Hosting Region<br \/><\/strong>Visualwebs Spain is established in Spain (EU). The services are primarily hosted within the European Union, currently in Germany. Visualwebs may change hosting providers or data center locations within the EU\/EEA for operational, security, or compliance reasons. If any transfer outside the EEA is required, Visualwebs will apply legally required safeguards under applicable data protection law.<\/p><p><strong>21.1 Definitions<\/strong><br \/>For purposes of this Section:<br \/>(a) \u201cFree Plan\u201d means any trial, demo, promotional, or zero-fee account.<br \/>(b) \u201cAI Services\u201d means any AI, LLM, prediction, recommendation, classification, scoring, generation, or automation output provided directly or indirectly through the platform.<br \/>(c) \u201cThird-Party Services\u201d means any service, API, connector, model, infrastructure, software, or provider not fully owned and controlled by Visualwebs, including without limitation OpenAI, Pinecone, n8n, Shopify, WooCommerce, Magento, cloud hosting, and storage providers.<\/p><p><strong>21.2 Free Plan May Be Restricted or Discontinued Without Notice<\/strong><br \/>Visualwebs may, at any time and at its sole discretion, limit, suspend, throttle, modify, or discontinue any part of the Free Plan, including features, quotas, API access, processing priority, integrations, retention periods, support access, or account availability, with or without prior notice, and without compensation, refund, or liability.<\/p><p><strong>21.3 No Service Level Commitment for Free Plan<\/strong><br \/>The Free Plan is provided strictly on an \u201cas is\u201d and \u201cas available\u201d basis, with no uptime commitment, no performance commitment, no response-time commitment, no data retention guarantee, and no support entitlement unless expressly stated in writing.<\/p><p><strong>21.4 Third-Party Dependency Disclaimer<\/strong><br \/>Visualwebs does not control Third-Party Services and is not responsible for their availability, outages, degradation, latency, pricing changes, policy changes, API changes, model behavior changes, account suspensions, or terminations. Any disruption or failure caused in whole or in part by Third-Party Services is outside Visualwebs\u2019 responsibility.<\/p><p><strong>21.5 AI\/LLM Output Disclaimer and User Responsibility<\/strong><\/p><p>AI\/LLM outputs are provided for assistance purposes only and may be incomplete or inaccurate. Customer remains solely responsible for human review and final business decisions. To the maximum extent permitted by law, Visualwebs does not guarantee sales outcomes, conversion rates, or commercial performance derived from AI outputs.<\/p><p><strong>21.6 n8n and Automated Workflow Risk Allocation<\/strong><br \/>Any workflow execution, orchestration, trigger, webhook action, integration call, or downstream action performed through n8n or similar automation systems is executed at customer risk.<br \/>Visualwebs is not liable for incorrect triggers, duplicate actions, missed actions, timing issues, external API failures, malformed payloads, routing errors, or unintended business consequences.<\/p><p><strong>21.7 Exclusion of Liability for Economic and Operational Losses<\/strong><br \/>To the maximum extent permitted by law, Visualwebs shall not be liable for any direct or indirect loss arising from AI Services or Third-Party Services, including without limitation: loss of revenue, loss of profits, loss of sales, pricing mistakes, inventory mistakes, order-processing errors, chargebacks, customer claims, reputational harm, goodwill loss, data loss, business interruption, or any special, incidental, consequential, exemplary, or punitive damages.<\/p><p><strong>21.8 Customer Duty to Maintain Safeguards and Backups<\/strong><br \/>Customer shall implement appropriate safeguards, including manual approval gates, exception handling, reconciliation controls, and backups.<br \/>Failure to maintain such safeguards is solely customer responsibility.<\/p><p><strong>21.9 Indemnification<\/strong><br \/>Customer shall defend, indemnify, and hold harmless Visualwebs, its officers, employees, and contractors from and against any third-party claim, proceeding, regulatory action, damage, fine, penalty, loss, cost, or expense (including reasonable legal fees), to the extent caused by: (a) Customer&#8217;s use or misuse of AI Services; (b) Customer&#8217;s use of Third-Party Services, infrastructure dependencies, and automations; (c) Customer&#8217;s operational decisions based on platform outputs; (d) Customer&#8217;s data, instructions, configurations, or prompts submitted to the platform; or (e) Customer&#8217;s breach of applicable law, contract, or third-party rights. Customer shall not settle any claim in a manner that admits fault on behalf of Visualwebs or imposes obligations on Visualwebs without prior written consent. This clause does not apply to the extent a claim is finally determined by a competent court to result from Visualwebs&#8217; wilful misconduct, fraud, or gross negligence, where non-excludable by applicable mandatory law.<\/p><p><strong>21.10 Limitation Period for Claims<\/strong><br \/>Any claim related to this Section must be brought within twelve (12) months from the date the customer knew or should reasonably have known of the event giving rise to the claim, otherwise it is permanently time-barred, to the extent permitted by applicable law.<\/p><p><strong>21.11 Aggregate Liability Cap<\/strong><br \/>If and only to the extent liability cannot be fully excluded under applicable law, Visualwebs\u2019 total aggregate liability for all claims arising out of or relating to the services shall be limited to the total fees actually paid by the customer to Visualwebs for the relevant service during the three (3) months immediately preceding the event giving rise to the claim.<\/p><p><strong>21.12 Mandatory Consumer Rights Carve-Out<br \/><\/strong>Nothing in these Terms excludes or limits rights that cannot be waived under mandatory consumer protection law. Any limitation of liability applies only to the maximum extent permitted by applicable law.<\/p><p><strong>21.13 Precedence<\/strong><br \/>In case of conflict between this Section and any other section of these Terms, this Section prevails to the fullest extent permitted by law.<\/p><p><strong>21.14\u00a0Infrastructure Provider Outage and Event Continuity Disclaimer<\/strong><\/p><p>Visualwebs is not liable for any service degradation, interruption, delay, data unavailability, event loss, event duplication, or processing backlog caused in whole or in part by outages, incidents, scheduled or unscheduled maintenance, DDoS events, routing failures, DNS failures, storage failures, or policy\/API changes of infrastructure or connectivity providers, including without limitation Cloudflare, OVH, hosting providers, CDN providers, DNS providers, database providers, queue providers, and network providers. Customer acknowledges that such events may affect stock-event tracking continuity and may result in delayed, missing, or duplicated records and is solely responsible for implementing reconciliation controls, fallback procedures, and business continuity safeguards. Unless expressly stated in a signed SLA, service credits (if any) constitute Customer&#8217;s sole and exclusive remedy for availability or performance issues.<\/p><p><strong>21.15 Provider Location and Hosting Region<\/strong><br \/>Visualwebs Spain is a business established in Spain (European Union). The services are primarily hosted within the European Union, currently in Germany. Visualwebs may change hosting providers or data center locations within the EU\/EEA for operational, security, or compliance reasons without notice. Any transfer of data outside the EEA will be subject to appropriate safeguards as required by applicable data protection law, including GDPR.<\/p><p><strong>22. Jurisdiction and Applicable Law<\/strong><\/p><p>This Agreement shall be governed by and construed in accordance with the laws of Spain. Any disputes arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Granollers, Catalu\u00f1a, Spain. By using our services, you agree to submit to the personal jurisdiction of the courts located in Granollers, Catalu\u00f1a, Spain, for the purpose of litigating all such claims or disputes.<\/p><p><b>23. ENTIRE AGREEMENT<\/b><br \/>This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and\/or usage of the trade inconsistent with any of the terms hereof.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>TERMS AND CONDITIONS 1. ACCEPTING THESE TERMS1.1 THIS LICENSE AGREEMENT (HEREINAFTER AGREEMENT) IS AN AGREEMENT BETWEEN YOU (THE PERSON OR COMPANY WHO IS BEING LICENSED TO USE THE SOFTWARE OR DOCUMENTATION) AND VISUALWEBS SPAIN (HEREINAFTER WE\/US\/OUR). 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