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TERMS OF USE AND PRIVACY POLICY FOR THE MOBILE APPLICATION SPOTTER.BIKE AND ACCESS FROM MOBILE DEVICES

1. GENERAL TERMS OF USE

The present document is intended to establish the General Terms of Use for the mobile application Spotter.bike, owned by USEFUL INVENTIONS, S.L., with a registered office in Sort (Lleida, 25560), at Avenida Generalitat nº 13 bajos and tax identification (C.I.F.) number B25718644, registered with the Companies Register for Lleida, Section 8, Sheet 25038. USEFUL INVENTIONS, S.L. reserves the right to modify the present Terms of Use at any time in order to adapt them to applicable current legislation. The present Terms of Use do not preclude the possibility that in addition to the General Terms of Use, due to their particular characteristics, certain services included in the application may also be subject to their own Specific Terms of Use (hereinafter known as Specific Terms). The Company may make changes to these Terms at any time and without prior notice. Furthermore, whether or not express consent is given, should the User continue to use the Service following publication, this constitutes acceptance of said terms. If you do not agree with the updated Terms of Use or the Privacy Policy, you may revoke this acceptance by ceasing to use the service. Accessing and downloading the application is free, except for the connection cost via the telecommunications network supplied by the service provider utilized by the User. By downloading and using the application, you become a user of the same (hereinafter, the ‘User’). This assumes that you have read, understood and accepted all of the terms and conditions contained herein.

1.1 Use of the mobile application and its services

The User acknowledges and accepts sole risk and/or responsibility for use of the content and/or services provided by this mobile application. The User agrees to use this mobile application and all of its content and services in accordance with the law, social norms, the public order and the present Terms of Use, as well as any applicable Specific Terms. The User also agrees to make proper use of the services and/or content of the mobile application and not to use them for illegal activities or those which constitute a criminal offense, threaten the rights of third parties and/or infringe copyright and patent right regulations, or any other applicable rules of law. In particular, the User agrees to refrain from transmitting, posting, disseminating or making available to third parties materials and information of any kind (data content, messages, drawings, sound and image files, photographs, software, etc.) which may violate the law, social norms, the public order and the present Terms of Use, as well as any applicable Specific Terms. The User agrees to refrain from the following, including but not limited to:

  • Posting or disseminating content or propaganda of a racist, xenophobic or pornographic nature, which defends terrorism or threatens human rights.
  • Posting or disseminating data programs (viruses or malicious software) on the network which may damage the computer systems of the service provider, its providers or third-party users of the Internet.
  • Disseminating, transmitting or making available to third parties information, elements or content of any kind which threatens fundamental public rights and freedoms recognized under the constitution and international treaties.
  • Disseminating, transmitting or making available to third parties information, elements or content of any kind which constitutes illegal or unfair advertising.
  • Transmitting unsolicited or unauthorized advertising, advertising materials, junk mail, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as advertising spaces) which have been conceived exclusively for this purpose.
  • Posting or disseminating any false, ambiguous or inaccurate information and content which may be misleading to those receiving the information.
  • Impersonating other users by using their login information for the different services and/or content on the Portals.
  • Disseminating, transmitting or making available to third parties information, elements or content of any kind which may constitute a violation of intellectual and industrial property rights, patents, trademarks or copyright held by the owners of the Portals or third parties.
  • Disseminating, transmitting or making available to third parties information, elements or content of any kind which may constitute a violation of communication restrictions and personal data legislation.

1.2. Copyright and patent rights

USEFUL INVENTIONS, S.L. reserves all rights to trademarks, trade names or other distinctive symbols, patents and intellectual property rights with regard to the content and design of the application. All content on the same – including but not limited to texts, graphics, images, design and intellectual property rights which may correspond to said content, as well as trademarks, trade names and any other distinctive symbol – are the property of USEFUL INVENTIONS, S.L., which reserves all rights to the same. Trademarks, trade names or distinctive symbols are the property of USEFUL INVENTIONS, S.L. Downloading, accessing and using the same shall not be understood to assign any rights to said trademarks, trade names and/or distinctive symbols.

1.3 Exemption from guarantees. Liability

USEFUL INVENTIONS, S.L. does not guarantee the availability and uninterrupted operation of the mobile application or its services at all times. Consequently, in the event of downtime, connection failures or interrupted operation of the application and its services, the aforementioned shall not be held liable for any damages incurred by the User of the mobile application, in accordance with the limits established by current law. Use of Spotter.bike does not constitute an obligation to offer any statement or guarantee whatsoever with regard to the accuracy, reliability, completeness or timeliness of the content and/or authenticity of the information provided by users regarding the results that should be obtained and their content. The User accepts sole risk and responsibility for any use of the Spotter.bike application and its content. Spotter.bike may make periodic changes at any time. Some of the content found on the Spotter.bike application may be provided by third parties and Spotter.bike accepts no responsibility with regard to said content. Downloading, accessing and using the Spotter.bike mobile application does not constitute the obligation to guarantee provision of error-free service, or the absence of computer viruses or other malicious elements on the servers. In any event, the User is responsible for having suitable tools to detect and remove malicious computer programs. If use of the Spotter.bike application or content by the User results in the need to repair or replace his/her equipment, or the loss of profits or data, USEFUL INVENTIONS, S.L. accepts no responsibility for these costs. USEFUL INVENTIONS, S.L. accepts no responsibility for decisions made based on information provided via the mobile application, or for damages incurred by the User or third parties as a result of actions based solely on the information obtained from the application. USEFUL INVENTIONS, S.L. shall be held responsible solely for the mobile application and the services provided by the same and the content directly produced by the application and identified with its copyright, up to the limit permitted by law. We disclaim all guarantees, including but not limited to, the guarantee of merchantability, guarantee of non-violation of ownership or third-party rights, and guarantee of suitability for intended usage.

1.4 Waiver of compensation for certain damages

The User accepts sole risk and responsibility for use of the Spotter.bike application and its content. In the event of dissatisfaction with any part of the Spotter.bike mobile application and its content, or with these terms and conditions, you should cease use of the Spotter.bike mobile application. Under no circumstances shall USEFUL INVENTIONS, S.L. or third parties collaborating on the mobile application be responsible in cases of force majeure or in the event that the configuration of the User’s devices is not suitable to allow proper use of the services provided by Spotter.Bike, or for any other damage caused by using or being unable to use the Spotter.bike mobile application and its content, whether this is based on a guarantee, contract, grievance or any other legal theory, whether or not USEFUL INVENTIONS, S.L. has been informed as to the possibility of such damage occurring.

1.5 Compensation

The User hereby agrees to defend, if applicable, compensate and exempt from all liability USEFUL INVENTIONS, S.L. and its managers, directors and employees with regard to any claim, damage or suit, including but not limited to, reasonable fees for legal and accounting services which may be required (I) for the User’s failure to comply with these Terms of Use; (II) for using and accessing the service, including any data or content transmitted or received by the User; (III) for the violation of any third party rights, including but not limited to any rights of privacy or intellectual property rights; (IV) for the violation of any law, rule or regulation; (V) for any claim or damages which arise as a result of any of the User’s content or any other posted via the User’s account; or (VI) for access by third parties and use of the service with the User’s unique username and password.

1.6 User conduct

USEFUL INVENTIONS, S.L. does not guarantee that users of this mobile application will use the content and/or services of the same in accordance with the law, social norms, the public order, or the present General Terms and Conditions, as well as any applicable Specific Terms. Additionally, it does not guarantee the veracity and accuracy, suitability, fitness, exhaustiveness and timeliness of the information supplied by means of the same. USEFUL INVENTIONS, S.L. accepts no responsibility for decisions made based on information provided via the application, or for damages incurred by the User or third parties as a result of actions based solely on the information obtained from the application.

2. PRIVACY POLICY

USEFUL INVENTIONS, S.L. wishes to make users and customers of the application aware of the policy in place with regard to the handling of all personal data provided to the Company through use of the application functions.

2.1 Party responsible for the file

USEFUL INVENTIONS, S.L., with a registered office in Sort (Lleida, 25560), at Avenida Generalitat nº 13 bajos, and tax identification no. (C.I.F.) B25718644, registered with the Companies Register for Lleida, Section 8, Sheet 25038, hereby informs users and customers of the application of the existence of an automated personal data file, for which USEFUL INVENTIONS, S.L. is the responsible party.

2.2 Purpose of the file

All data requested of users and customers by means of the application for mobile devices shall be necessary to provide the service which is the object of the service by virtue of which the application has been downloaded and installed on the corresponding devices.

2.3 Consent

Use of the application will result in processing of the personal data by USEFUL INVENTIONS, S.L., if applicable. This will be carried out in accordance with the internal rules and procedures established for this purpose, which are known by the customers and users authorized by the same. Pursuant to the provisions of Organic Law 15/1999, of 13 December, on Personal Data Protection (LOPD), USEFUL INVENTIONS, S.L. may subcontract physical implementation of all or some of the services provided to other companies or professionals, without this communication constituting disclosure of data under any circumstances, guaranteeing customers and users of the application that the data provided will not be applied or used for any purpose other than as stipulated.

2.4 Guarantee and data protection

In handling personal data, USEFUL INVENTIONS, S.L. shall undertake to guarantee and protect the public freedoms and fundamental rights of the individuals whose data are held in the files, particularly their dignity and family and personal privacy. In this regard, it shall undertake to carry out the appropriate data processing in accordance with current legislation at the time and to maintain absolute secrecy with regard to the information supplied by customers and users. The personal data processed shall not be used for any purposes other than those included herein or, if applicable, in another other document or contract which may bind the two parties with Specific Terms. Without express consent from users and customers, USEFUL INVENTIONS, S.L. will not disclose or communicate the data other than as set forth in article 11.2 of the LOPD.

2.6 Data quality

Users and customers shall endeavour to take all technical and organizational measures necessary in order to guarantee the security of their personal data, and prevent their alteration, loss, processing and unauthorized access. The data provided by means of the application must be accurate and up-to-date, with customers and users being solely responsible for updating this information.

2.7 Exercising rights of access, rectification, cancellation and objection

USEFUL INVENTIONS, S.L. hereby informs users that they may exercise their rights of access, rectification, cancellation and objection by sending an email to contact@spotter.bike.

2.8 Security measures

USEFUL INVENTIONS, S.L. hereby informs users and customers that, as set forth under the LOPD and Security Measure Regulations, it has taken the technical and organizational measures necessary to ensure the security of the personal data and prevent their alteration, loss, processing and unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed. USEFUL INVENTIONS, S.L. also guarantees users of compliance with the duty of professional secrecy with regard to users’ personal data and the obligation to secure them.

2.9 Changes in the privacy policy

USEFUL INVENTIONS, S.L. reserves the right to modify its Privacy Policy as it deems fit, or as a result of any change in regulations by the Spanish Data Protection Agency, legislation or case law.

3. MISCELLANEOUS

3.1 Modifications

USEFUL INVENTIONS, S.L. reserves the right to make any modifications it may deem appropriate, and may modify, delete or include new content and/or services, as well as the form in which these are presented and located.

3.2 Minors

In general terms, in order to use the services in this mobile application, minors must have obtained prior authorization from their parents, guardians or legal representatives, who shall be responsible for all action taken by means of this mobile application by the minors under their charge.

3.3 Duration and termination

The services and/or content of this mobile application shall be provided on an indefinite basis. Notwithstanding the preceding, USEFUL INVENTIONS, S.L. is authorized to unilaterally terminate, suspend or interrupt provision of the service and this mobile application and/or any of its services at any time and without prior notice, subject to any stipulations in this regard in the corresponding Specific Terms. 3.4 Law and jurisdiction Issues related to the Terms of Use and Privacy Policy, as well as all matters originating from or related to the services provided by means of the application, either in whole or in part, shall be governed in any and all cases by Spanish law, with the parties expressly waiving their right to any other jurisdiction to which they may be entitled and submitting to the Courts of Law of Tremp.