CONDITIONS OF USE
The access, navigation and use of the NaviLens Mobile App (hereafter ‘’Service’’), implies the express acceptance and without reservations all the terms of the Conditions of Use, having the same validity and efficacity as any written contract.
Its observation and compliance will be demandable regarding any person that, in a specific moment has access to our service. If you do not agree with the exposed terms, do not access, navigate or use our service.
The present Conditions of Use have been elaborated under the Spanish language and national legislation. In case of any doubt or ambiguity that may derive from the interpretation of the present text and, in particular, of the translation of it to other languages, prevail the sense related to the Spanish norm, customs and habits.
If any of the clauses or a part of such, of the present contract will be invalid for contravening the applicable legislation, such clause or part of such, will be unheld, but it will not affect the rest of the contract.
· Holder: NUEVOS SISTEMAS TECNOLÓGICOS S.L. (NEOSISTEC)
· CIF: B73351520
· Address: Calle Central nº 10, Azor Building, Floor 4, 30100 Espinardo (Murcia), Spain
· Email address: email@example.com
In the same manner, we inform the users about their rights and obligations regarding the contents exposed in our service, as well as the responsibilities that can derive form the access to it.
The following terms detailed hereafter will have the meanings given here:
· User: any natural or juridical person that has downloaded the software app, registered as service user and subsequently accepted the Terms and Conditions of it, in which case they will use the services offered through the app.
· App: It is the software the app that is available for mobile devices through which NEOSISTEC offers the detailed services.
· Data: All those personal data and information that the will request the user regarding their person and commercial preferences with the purpose to identify the services to give, which can be migrated through social networks.
· Services: Those defined in clause 4.1 of the present Conditions of Use.
· Parts: the user and Neosistec (Developer de la Aplicación NAVILENS).
· Promotions: all the discounts, benefits or advantages that, in a general sense, constitute the object of the services and will be notified to the users as detailed.
4.- PROPERTY AND INDUSTRIAL RIGHTS
NEOSISTEC is the holder or, in this case, holds the corresponding licenses over the rights of exploitation of intellectual and industrial ownership regarding the app, as well as all the contents offered in such, including the platform itself, texts, pictures or illustrations, logos, brands, graphs, designs, interfaces or any other information or content, and the available services through these.
In no case it will be understood that the access, navigation and use of our services by our user implies the resignation, transmission, license or total or partial transfer of such rights by NEOSISTEC.
The user has the right to use contents contained in our services inside a strictly domestic space and only with the purpose of using them, according to the present Conditions of Use.
The references to brands or commercial registered names, or other distinctive signs, whether they belong to NEOSISTEC or to third part companies, implicitly carry the prohibition on its use without the consent of NEOSISTEC or their legitimate holders. In no case, except express communication against it, the access, navigation or use of our services and / or our contents gives the user any right over distinctive signs included in it.
It is reserved all the industrial and intellectual ownership rights over the contents of our services, in particular, it is forbidden to modify, copy, reproduce, communicate publicly, transform or distribute, by any means or form, the totality or part of the contents included in our services, for public or commercial purpose, without the previous, express and written authorization by NEOSISTEC or, in its case, the holder of the corresponding rights.
Thus, it is forbidden to eliminate or manipulate the indications of copyright or other credits that may identify the holders of the rights of the contents that the user may find in our services, as well as the technical devices for protection, digital prints or any mechanism of protection or information that can be integrated to the contents offered in these.
If the user had knowledge on the existence of any illicit, illegal, contrary to the law or that could represent an infraction of industrial and/or intellectual ownership, this must be notified immediately to NEOSISTEC through the email address firstname.lastname@example.org for this to proceed to the adoption of appropriate measures.
Also, in case any user or third party considers that any of the contents owned by NEOSISTEC infringes their intellectual or industrial ownership rights, as well as any other rights, shall send a notification to email@example.com containing at least the following information:
· Identifying data or means of contact of the claimant or its legal representative.
· Documents that credits their condition of holder of the allegedly infringed rights.
· Detailed narrative of the allegedly infringed rights by NEOSISTEC, as well as its accurate location inside our services.
· Express declaration by the claimant that the use of the contents has been carried out without the consent of the holder of the allegedly infringed rights.
The user admits and accepts that the reproduction, copy, modification, distribution, commercialization, decompiling, disassembling, use of reverse engineering techniques or any other mean to obtain the source code or transformation or posting of any result of unauthorized reference tests of any tests, utilities and integrated contents and offered inside the app constitute an infringement of the intellectual ownership rights, obliging subsequently, not to take the aforementioned actions.
5.- USE RULES OF OUR SERVICE
If you use our service from any mobile device, they will accept and therefore remain obliged to the arranged in the present Conditions of Use.
5.1. Service and Use of NAVILENS
NAVILENS is a system of smart digital markers that offer information through the detection and reading of these with the app.
- Location detailed in the mobile device
- Date and time of the reading of the marker by a mobile device
- Identification number of the read marker.
- Identification number of the device (the app does not store a number that allows to identify the device and can therefore be associated to a user, just a number composed by a part of the IMEI of the device and a random number).
- User email if it has been previously introduced.
The app has access to the following permits:
- Location: it is required for the correct delivery of the service and the improvement of the app functionalities.
- Camera: it is required for the reading of the marker.
- Storage: it is required for the user to make a personal annotation. This data is private for the user and is stored in local.
The mere download of the App is free for the users. These users can later on opt for hiring another type of service that can be aggregated to NaviLens in a unilateral manner, by NEOSISTEC or other Entity that may have obtained the consent of NEOSISTEC to integrate the new functionality. Hiring a service will require the previous consent from the User in the moment of such hiring.
NAVILENS does not have any obligation to give or activate characteristics or particular functionalities of any of the services.
In the case of the automatic updates, if you do not accept it, not allowing the installation or implementation of the changes, it can affect the service negatively.
Some of our services can be launched in its testing phase and are available as versions ‘’Private Beta’’. This means it is possible that we have not completed the development of all the available Services and that not all functions are completely functional or are available.
5.2. Minimum required age for the use of our services and responsible declaration regarding sexual infractions.
5.3 Service limitations
Neosistec does not guarantee that its services will be uninterrupted nor free of errors. Although we do our best to guarantee that our services provide our users with a reliable experience, we cannot guarantee that identification or other functional errors will not happen.
Our services are not aimed and must not be trusted in circumstances where serious damage can be inflicted, putting the life or health at risk or putting yourself or other people at risk.
The user must take into account their capacity 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 network, Internet and telecommunication network, which implies premises created, owned or operated by third parties.
It is not permitted and there its consequences will be exclusive responsibility of the user, the access or the use of our services with illegal or unauthorized, with or without economic goals. Concretely, without the following list having a definitive character, it is forbidden to:
· Use our service in a way that can cause damage, interruptions, inefficiency or defaults in its functioning or in the system of third party;
· Use our service for the transmission, installation or publication of any virus, malicious code or other programs or damaging files;
· Use our service to collect data of personal character of other users;
· Use our services in an illegal manner, against the good faith, the morality and public order;
· Access without permit any section of our service, to other systems or connected networks to such, to any server of NEOSISTEC, by means of hacking, password extraction or any other illegitimate mean;
· Breaking, or attempting to break, the security or authentication measures of our service or any network connected to them, or the security or protection measures inherent in the contents offered in our services;
· Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of our service or in NEOSISTEC systems or networks, as well as in the systems and networks connected to our service; or
· Prevent 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 those, or falsifying the result thereof and / or using fraudulent participation methods, by any procedure, and / or through any practice that violates or in any way violates these Conditions of Use.
· Impersonation of other people.
· Publication of content that violates the rights of other people.
· Publish threatening content, of explicit sexual content or that could promote racism or hate.
Failure to comply with any of the foregoing by the user may entail the adoption by NEOSISTEC of the appropriate measures covered by law and in the exercise of their rights or obligations.
In the event that you find any information or content in our service that may not be adequate, contrary to current regulations, or contrary to the conditions set forth therein, we ask that you immediately inform NEOSISTEC through the different channels arranged for this or at the email address firstname.lastname@example.org.
LINKS TO OTHER WEB PAGES
NEOSISTEC does not control the contents, privacy policies or practices of third-party websites or assume any responsibility for them.
The user acknowledges and accepts that NEOSISTEC will not be liable for losses or damages that the user may incur as a result of the unavailability of NAVILENS.
LINKS TO THE CHANNEL OF THE PROVIDER IN OTHER PLATFORMS AND SOCIAL NETWORKS
NEOSISTEC makes available for the users, through different tools and applications, means of link that allow the users to access the different channels that NEOSISTEC maintains in different platforms and social networks belonging and/or managed by third parties (for instance, Facebook, Twitter, Instagram, etc.). The inclusion of these links intends to facilitate the access tos uch channels for the users in the different platforms and social networks.
The establishment of these apps does not imply the existence of relations between NEOSISTEC and the holder, the producers or distributor of the linked platform, nor the acceptance or approval by NEOSISTEC of its contents/services, being its holder, producer or distributor the sole responsible for such.
In no case does NEOSISTEC share with Facebook, Twitter, Instagram or any other social network that any type of private information about its users is incorporated in the future, being its sole purpose the one established in the General Conditions of Use, as well as in the Policy of Privacy of our services. In this sense, all the information that the user himself wishes to provide to these platforms will be under his own responsibility, not involving NEOSISTEC in such process.
The activation and use of these applications may involve the identification and authentication of the user on the corresponding platforms, completely external to our services and outside the control of NEOSISTEC. When accessing said external networks, the user enters an environment not controlled by NEOSISTEC, therefore, he will not assume any responsibility for the security configuration of said environments.
Since NEOSISTEC has no control over the content hosted on these channels, the user acknowledges and accepts that NEOSISTEC does not assume any responsibility for the content or for the services that the user can access on such pages, or for any content, products , services, advertising, or any other material available therein. For this reason, the user must have extreme caution in the valuation and use of the information, content and services existing in the linked channels, and about the owned or third-party information that they want to share in said channels.
6.- RESPONSIBILITIES AND GUARANTEES
The User acknowledges and accepts that they use the Navilens application at all times at their own risk and responsibility, so NaviLens is not responsible for the misuse or use contrary to these Conditions that they may make of them.
NaviLens does not guarantee the availability and continuity of the operation of the Application and the Services, nor its reliability, accuracy or correctness or its 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 be due to the foregoing.
With an enunciative, but not limiting nature, NaviLens is not responsible for any damages that may arise from:
• Interruptions, viruses, breakdowns, interferences, omissions or disconnections of the electronic system, the communications system or its equipment for reasons beyond Navilens.
• Delays or blockages in the use due to deficiencies or overloads on the Internet, in the lines or in the electrical or communications systems.
• The incorrect operation of the application, which will be conditioned by multiple aspects, for example, the device model used, the software version, the camera itself, its conversation status, the software version, etc. As well as the environment in which it is executed, light, layout of the markers, their status, placement, etc.
• Third party actions.
• The inability to access the Website, the Applications or the Services due to maintenance or updating.
• Any other assumption outside the control of Navilens.
Except in cases of malicious action, and those in which, due to the particular circumstances of the user or the object, an imperative regime of liability is applicable, the use of the application and the services is carried out at the sole and entire risk of the user and Navilens will not be responsible for any damage or harm of any nature that is generated to the user by its use.
In any case, NEOSISTEC declares that it has taken all necessary measures, within its possibilities and state of the art, to guarantee the operation of our services and minimize system errors, both from a technical and legal point of view. and organizational.
If the user is aware of the existence of any illegal, illegal, contrary to the laws or that could be a violation of third parties’ rights, he must immediately notify NEOSISTEC so that it can proceed to the adoption of appropriate measures.
NEOSISTEC will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside it and will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned 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 charges) and requires the battery consumption of the mobile device. You will not have claims or demands towards Neosistec with respect to the aforementioned.
Navilens does not detect obstacles, therefore, it does not replace the use of the 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.
Neosistec does not guarantee the quality, veracity or reliability of the information that is obtained with the reading of the markers and rejects any responsibility for loss, damage, injury or any claim filed by the user that occurs as a result of the use of the application. Neosistec does not grant any explicit or implicit guarantee regarding the quality or reliability of any information, or about the services of third parties or regarding the accuracy of the content obtained through the services. In no case will Neosistec be responsible for the content that the platform associates each bookmark. It will be the responsibility of the licensee of the technology for each space to provide the information that will be included in the platform and ensure that the content is reliable, truthful and that it does not violate any of the assumptions established by the Law.
In relation to User Content, Navilens acts exclusively as a service provider consisting of enabling the Website and Applications as a space through which Users can interact with the system. The responsibility for the storage or publication through the Website and the Applications of the User Content and of all information, data, texts, software, sounds, photos, graphics, videos, news or other materials included in it, is exclusive to the User who stores or publishes it except in the cases expressly provided in the Law
The inclusion of links in the Services does not presuppose any relationship, recommendation or supervision by Navilens with the landing page and, therefore, Navilens accepts no responsibility for its content, except in the cases expressly provided in the Law.
Neosistec and its affiliates, or their respective shareholders, administrators, directors, officers, employees, servers, agents or representatives shall 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 informed of the possibility of it 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 allowed, in such states or jurisdictions, our liability will be limited to the extent permitted by law.
7.- SUSPENSION OF THE SERVICES OFFERED BY NEOSISTEC
NEOSISTEC reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, accommodation and / or download of the content and / or use of the different services provided on our platforms, with or without prior notification, without the possibility of the user demanding compensation for this cause.
NEOSISTEC, in order to improve the service or develop new features, products or services, as well as improvements and corrections to the existing one, be reserved the right to at any time and at our sole discretion, with or without prior notice, make changes in the Services, either adding or removing features, products and functionalities, or providing updates that include corrections, or temporarily suspending or imposing limitations with respect to the Services or imposing other changes to the Services.
8.- CONFIDENTIALITY AND DATA PROTECTION
9.- VALIDITY OF THE CONDITIONS OF USE
The temporary validity of the Conditions of Use coincides, therefore, with the time of its exposure, until they are totally or partially modified, at which time the modified Conditions of Use will become effective. In any case, you may have access in these conditions the date on which they have been modified.
In the event that any provision of the Conditions of Use was declared void or unenforceable, in whole or in part, by any Court, Court or competent administrative body, such nullity or non-application shall not affect the remaining provisions of the Conditions of Use.
10.- VALIDITY OF OUR SERVICES.
NEOSISTEC may terminate, suspend or interrupt, at any time and without prior notice, access to the content offered in our services without the possibility for the user to demand compensation.
11.- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
For any litigious issue derived or related to our services, the Spanish legislation in force at the time of the litigation will apply, and we will submit to the Spanish Courts and Courts as well as, where appropriate, to the Arbitration Courts of consumption or similar to those that we can find ourselves adhered at the time of the controversy.