Accessing, browsing, and using the NaviLens Mobile Application (hereinafter, "the Service") implies the express and unreserved acceptance of all terms of these Terms of Use, having the same validity and efficacy as any contract entered into in writing.
Compliance with these terms shall be binding on any person who, at any given time, accesses our service. If you do not agree with the terms outlined, do not access, browse, or use our service.
These Terms of Use have been drafted in the Spanish language and under Spanish national law. In case of any doubt or ambiguity that may arise from the interpretation of this text, and in particular from its translation into other languages, the meaning derived from Spanish regulations, uses, and customs shall prevail.
If any of the clauses or part thereof of this agreement is deemed null and void for contravening applicable law, such clause or part thereof shall be considered as not included, but it will not affect the rest of the agreement.
1. Identification
- Owner: NaviLens Tech SL
- Tax ID (CIF): B73351520
- Postal Address: Calle Central nº 10, Edificio Azor, Planta 4ª, 30100 Espinardo (Murcia), Spain.
- Email: dpd@navilens.com
2. Purpose
These Terms of Use regulate the access, browsing, and use of our service, without prejudice to NaviLens Tech SL reserving the right to modify its presentation, configuration, and content, as well as the conditions required for its access and/or use. Accessing and using the content of our service after the entry into force of its modifications or changes implies acceptance thereof. However, NaviLens Tech SL will notify users in case of substantial modifications to the terms and/or the privacy policy.
Similarly, we inform users about their rights and obligations in relation to the content displayed in our service, as well as the responsibilities that may arise from accessing it.
For the purposes of interpreting these Terms of Use, a person becomes a user of the application from the moment they accept these Terms of Use, as well as the Privacy Policy.
3. Definitions
The following terms detailed below shall have the meaning attributed to them herein:
- User: Any natural or legal person who has completed the software application download process, registered as a user of the services, and consequently accepted its Terms and Conditions, in which case they shall be the recipient of the services offered through the application.
- Application: The software application available for mobile devices through which NaviLens Tech SL offers the services that will be detailed.
- Data: All personal data and information that the Application will request from the User regarding their person and commercial preferences for the purpose of determining the services to be provided, which may be migrated through social networks.
- Services: Those defined in clause 4.1 of these Terms of Use.
- Parties: The User and NaviLens Tech (Developer of the NAVILENS Application).
- Promotions: All discounts, benefits, or advantages that, in general, constitute the object of the Services and will be communicated to Users as detailed.
4. Intellectual and Industrial Property Rights
NaviLens Tech SL is the owner, or where applicable, has the corresponding licenses for the exploitation rights of intellectual and industrial property regarding the application, as well as all content offered therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through them.
In no case shall it be understood that the access, browsing, and use of our services by the user implies a waiver, transmission, license, or total or partial transfer of such rights by NaviLens Tech SL.
The user has a right to use the content of our services within a strictly domestic scope and solely for the purpose of using them, in accordance with these Terms of Use.
References to registered trademarks or trade names, or other distinctive signs, whether owned by NaviLens Tech SL or by third-party companies, implicitly prohibit their use without the consent of NaviLens Tech SL or their legitimate owners. At no time, unless expressly stated otherwise, does accessing, browsing, or using our services and/or their content grant the user any right over the distinctive signs included therein.
All intellectual and industrial property rights over the content provided in our services are reserved. In particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform, or distribute, by any means and in any form, all or part of the content included in our services, for public or commercial purposes, without the prior, express, and written authorization of NaviLens Tech SL or, where applicable, the owner of the corresponding rights.
Likewise, it is prohibited to delete or manipulate the copyright indications or other credits that may identify the owners of rights to the content that the user finds in our services, as well as the technical protection devices, digital fingerprints, or any protection or information mechanism that may be incorporated into the content offered therein.
If the user becomes aware of the existence of any illicit, illegal, or law-violating content that could constitute an infringement of intellectual and/or industrial property rights, they must immediately notify NaviLens Tech SL through the email address dpd@navilens.com so that the latter can proceed to adopt appropriate measures.
Similarly, if any user or a third party considers that any of the content owned by NaviLens Tech SL infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to dpd@navilens.com, which must contain at least the following information:
- Identification data and contact method of the claimant or their legal representative.
- Documentation proving their status as owner of the allegedly infringed rights.
- Detailed account of the rights allegedly infringed by NaviLens Tech SL, as well as their exact location within our services.
- Express declaration by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.
The User acknowledges and agrees that the reproduction, copying, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering techniques, or any other means to obtain the source code or transformation or publication of any unauthorized benchmark test results of any of the elements, utilities, and content integrated and offered within the Application constitutes an infringement of intellectual property rights, undertaking, consequently, not to perform any of the aforementioned actions.
4. Rules for using our service
If you use our service from any mobile device, you will be accepting and, therefore, bound by the provisions of these Terms of Use.
4.1 NAVILENS Service and Use
NAVILENS is a system of smart digital markers that provide information through their detection and reading with the app.
Each time you use NAVILENS services, as detailed in the Privacy Policy, the following information will be collected as detailed below:
- Detailed location of the mobile device.
- Date and time when a marker reading occurred by a mobile device.
- Identification number of the marker read.
- Identification number of the device (the application does not store a number that allows identifying the device and therefore can be associated with a user, but rather a number composed of part of the device's IMEI plus a random number).
- User's email if previously entered.
The application also accesses the following permissions:
- Location: Required for the proper provision of the service and improvement of app functionalities.
- Camera: Required for reading NaviLens codes. No image is sent outside the mobile device. The computer vision algorithm works locally.
- Storage: Required for the user to make personal annotations. This data is private to the user and stored locally.
The mere download of the Application is free for Users. These users may subsequently choose to contract any other type of service that may be unilaterally added to NAVILENS by NaviLens Tech SL or by another entity that may have obtained NaviLens Tech SL's consent to incorporate the new functionality. The contracting of these services will require the User's prior consent at the time of such contracting.
NaviLens codes for personal use cannot be used in public places.
NAVILENS is not obligated to provide or enable particular features or functionalities of any of the services.
In the case of automatic updates, if you do not accept it, by not allowing the installation or implementation of changes, it may negatively affect the service.
Some of our Services may be launched in their testing phase and be available as "Private Beta" versions. This means that we may not have completed the development of all available Services yet and not all features may be fully functional or available.
4.2 Minimum age required for using our services
By using the NaviLens service, you affirm that you are of legal age or that, if you are not, you have obtained the consent of your parent, guardian, or legal representative to enter into these terms and conditions and access the service. Likewise, you declare that you will comply with both the agreements set forth in our services and the provisions of current legislation.
4.3 Service Limitations
NaviLens services, the application, and its content are provided "as is", as available and without any warranty or conditions, "as available" and "with all faults", used only at your own risk, to the maximum extent permitted by law.
NaviLens Tech does not guarantee that its services will be uninterrupted or error-free. While we make every effort to ensure that our Services provide a reliable experience for our Users, we cannot guarantee that identification errors or other malfunctions will not occur.
Our services are not intended and should not be relied upon in circumstances where such possible malfunctions may cause serious harm, endanger life or health, or put you or others at risk.
The user must take into account that their ability to use the Services depends on the functionality of the device they use to access the Services, as well as the availability and coverage of wireless networks, telecommunications networks, and the Internet, all of which involve facilities manufactured, owned, and/or operated by third parties.
4.3 Prohibitions
Accessing or using our service for illegal or unauthorized purposes, with or without economic intent, is not permitted and, therefore, the consequences will be the sole responsibility of the user. In particular, and without the following list being exhaustive, the following are prohibited:
- Using our service in any way that may cause damage, interruptions, inefficiencies, or defects in its operation or in a third party's system.
- Using our service for the transmission, installation, or publication of any virus, malicious code, or other harmful programs or files.
- Using our service to collect personal data from other users.
- Using our services unlawfully, in bad faith, against morality, and public order.
- Unauthorized access to any section provided in our service, to other systems or networks connected to it, or to any NaviLens Tech SL server, by means of hacking, password extraction, or any other illegitimate means.
- Breaching, or attempting to breach, the security or authentication measures of our service or any network connected to them, or the security or protection measures inherent in the content offered in our services.
- Carrying out any action that causes a disproportionate or unnecessary saturation in the infrastructure of our service or in the systems or networks of NaviLens Tech SL, as well as in the systems and networks connected to our service.
- Preventing the normal development of an event, contest, promotion, or any other activity available through our service or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation, or operation of such, or by falsifying their result and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes these Terms of Use in any way.
- Impersonation of other people.
- Publication of content that violates the rights of other people.
- Posting threatening content, sexually explicit content, or content that could promote racism or hatred.
Failure by the user to comply with any of the above stipulations may lead to NaviLens Tech SL taking appropriate legal measures in exercise of its rights or obligations.
Should you find any information or content in our service that may be inappropriate, contrary to current regulations, or contrary to the conditions set forth herein, please notify NaviLens Tech SL immediately through the various channels provided for this purpose or via the email address dpd@navilens.com.
5. Links
Links to other websites
NaviLens Tech SL does not control the content, privacy policies, or practices of third-party websites, nor does it assume any responsibility for them.
The user acknowledges and accepts that NaviLens Tech SL will not be responsible for any losses or damages that the user may incur as a result of the unavailability of NAVILENS.
Links to the provider's channel on other platforms and social networks
NaviLens Tech SL provides users, through different tools and applications, link means that allow users to access the different channels that NaviLens Tech SL maintains on different platforms and social networks belonging to and/or managed by third parties (e.g., Facebook, Twitter, Instagram, etc.). The sole purpose of including these links is to facilitate users' access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between NaviLens Tech SL and the owner, manufacturer, or distributor of the linked platform, nor the acceptance and approval by NaviLens Tech SL of its content and/or services, with its owner, manufacturer, or distributor being solely responsible for them.
In no case does NaviLens Tech SL share any private information about its users with Facebook, Twitter, Instagram, or any other social network that may be incorporated in the future, its sole purpose being that established in the General Terms of Use, as well as in the Privacy Policy of our services. In this regard, all information that the user wishes to provide to these platforms will be under their own responsibility, with NaviLens Tech SL not intervening in said process.
Activation and use of these applications may involve the identification and authentication of the user on the corresponding platforms, entirely external to our services and beyond the control of NaviLens Tech SL. By accessing such external networks, the user enters an environment not controlled by NaviLens Tech SL, and therefore, it will not assume any responsibility for the security configuration of such environments.
Since NaviLens Tech SL has no control over the content hosted on these channels, the user acknowledges and accepts that NaviLens Tech SL assumes no responsibility for the content nor for the services that the user may access on such pages, nor for any content, products, services, advertising, or any other material available on them. For this reason, the user must exercise extreme caution in evaluating and using the information, content, and services existing on the linked channels, and regarding their own information or that of third parties that they wish to share on such channels.
6. Responsibilities and Guarantees
The User acknowledges and accepts that they use the NaviLens application at all times at their own sole risk and responsibility, and therefore NaviLens is not responsible for any misuse, improper use, or use contrary to these Terms that may be made of it.
NaviLens does not guarantee the availability and continuity of the operation of the Application and the Services, nor their reliability, accuracy, or correctness, or their usefulness for a specific purpose or activity. To the extent permitted by applicable regulations, NaviLens excludes any liability for damages of any kind that may arise from the foregoing.
By way of example, but not limited to, NaviLens is not responsible for damages that may arise from:
Interruptions, viruses, breakdowns, interferences, omissions, or disconnections of the electronic system, the communication system, or your equipment for reasons beyond NaviLens' control.
- Delays or blockages in use due to deficiencies or overloads in the Internet, in the lines, or in the electrical or communication systems.
- The incorrect functioning of the application, which will be conditioned by multiple aspects, for example, the device model used, the software version, its camera, its conservation status, the software version, etc. As well as the environment in which it is executed, light, arrangement of the markers, their condition, placement, etc.
- Actions of third parties.
- The impossibility of accessing the Website, the Applications, or the Services due to maintenance or update work.
- Any other case beyond NaviLens' control.
Except in cases of willful misconduct, and those in which, due to the particular circumstances of the user or the object, a mandatory liability regime applies, the use of the application and services is at the sole and entire risk of the user, and NaviLens will not be responsible for any damage or harm of any nature generated to the user by its use.
In any case, NaviLens Tech SL declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the operation of our services and minimize system errors, both from a technical and legal and organizational point of view.
If the user becomes aware of the existence of any illicit, illegal, or law-violating content that could constitute an infringement of third-party rights, they must immediately notify NaviLens Tech SL so that the latter can proceed to adopt appropriate measures.
NaviLens Tech SL will not be responsible for the veracity, integrity, or updating of the information published on the Website originating from sources external to it and will not assume responsibility for hypothetical damages that may arise from the use of said information.
You acknowledge and understand that the Application and/or the Services require an Internet connection that may have different associated charges (such as mobile data expenses) and requires the consumption of the mobile device's battery. You will have no claims or demands against NaviLens Tech regarding the aforementioned.
NaviLens does not detect obstacles, therefore, it does not replace the use of a cane or the assistance of a guide dog.
NaviLens does not guarantee to be free of errors and therefore is not responsible if the person suffers accidents while using NaviLens.
NaviLens Tech does not guarantee the quality, veracity, or reliability of the information obtained by reading the markers and disclaims any responsibility for loss, damage, injury, or any claim filed by the user that occurs as a result of using the application. NaviLens Tech provides no express or implied warranty regarding the quality or reliability of any information, nor regarding third-party services or the accuracy of content obtained through the services. In no case shall NaviLens Tech be responsible for the content that the platform associates with each marker. It shall be the responsibility of the technology licensee for each space to provide the information to be included on the platform and to ensure that the content is reliable, truthful, and does not violate any of the legal provisions.
In relation to User Content, NaviLens acts exclusively as a service provider consisting of enabling the Website and the Applications as a space through which Users can interact with the system. Responsibility for the storage or publication through the Website and Applications of User Content and all information, data, texts, software, sounds, photos, graphics, videos, news, or other materials included therein, is exclusively that of the User who stores or publishes it, except in cases expressly provided for by Law.
The inclusion of links in the Services does not imply any relationship, recommendation, or supervision by NaviLens with the destination page and, therefore, NaviLens accepts no responsibility for its content, except in cases expressly provided for by Law.
NaviLens Tech and its affiliates, or their respective shareholders, administrators, directors, officers, employees, servants, agents, or representatives will not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages arising from the use of the application. These exclusions for direct, indirect, special, incidental, consequential, or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, malfunction, or any commercial damage, even if we have been advised of the possibility thereof and regardless of the legal or equitable theory on which the claim is based.
In countries or states where the exclusion or limitation of liability for consequential or incidental damages is not permitted, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
7. Suspension of services offered by NaviLens Tech SL
NaviLens Tech SL reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or download of content and/or use of the various services provided on our platforms, with or without prior notification, without the user being able to claim any compensation for this reason.
NaviLens Tech SL, in order to improve the service or develop new features, products or services, as well as improvements and corrections to existing ones, reserves the right to make changes to the Services at any time and at our sole discretion, with or without prior notice, either by adding or removing features, products and functionalities, or by providing updates that include corrections, or by temporarily suspending or imposing limitations with respect to the Services or by imposing other changes to the Services.
8. Confidentiality and data protection
In accordance with the provisions of current data protection regulations, all personal data provided during the use of our services will be processed in accordance with the provisions of the Privacy Policy that every user must expressly accept to be able to use them.
9. Validity of the Terms of Use
The temporary validity of the Terms of Use therefore coincides with the time of their display, until they are modified in whole or in part, at which time the modified Terms of Use will come into force. In any case, you will be able to access the date on which they have been modified in these conditions.
In the event that any provision of the Terms of Use is declared null or unenforceable, in whole or in part, by any competent Court, Tribunal, or administrative body, such nullity or unenforceability shall not affect the remaining provisions of the Terms of Use.
10. Validity of our services
NaviLens Tech SL may terminate, suspend, or interrupt, at any time and without prior notice, access to the content offered in our services without the user being able to claim any compensation whatsoever.
11. Applicable Law and Competent Jurisdiction
For any litigious matter arising from or related to our services, the Spanish legislation in force at the time of the dispute shall apply, and we shall submit to the Spanish Courts and Tribunals, as well as, where applicable, to the consumer arbitration tribunals or similar bodies to which we may be adhered at the time the controversy arises.