Applivery, S.L., including subsidiaries, affiliates, divisions, contractors and all data sources and suppliers, (collectively “Applivery”, “we”, “us” or “our”) welcomes you to www.applivery.com (the “Website”). These terms and conditions of service (collectively, with Applivery’s Privacy Policy, located at www.applivery.com/legal/privacy-policy, the “Terms of Service” or “Agreement”) govern your use of the Website and the services, features, content or applications operated by Applivery (together with the Website, the “Services”), and provided to the Subscriber (the “Subscriber”, “Customer” “user”, “sub-user”, “you” or “your”). Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service.
Please read these Terms of Service carefully before using the Service
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
User Obligations
As a condition of use, you agree to:
- Not use the Service for any unlawful, unauthorized, fraudulent or malicious purpose, including, but not limited to, the storage or transmission of infringing, libelous, or otherwise unlawful material;
- Comply with all applicable local, national and international laws and regulations in connection with your use of the Service;
- Not reverse engineer, decompile, disassemble, or attempt to extract the source code of the software or any part thereof, except to the extent expressly permitted by applicable law;
- Not interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to any systems or networks connected to the Service;
- Cooperate with Applivery in any internal investigation regarding improper use of the Service and allow reasonable audits if required to verify compliance with these Terms;
- Be solely responsible for the activity that occurs under your account and for the accuracy and legality of any data or content you upload or share.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of Applivery S.L. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Applivery S.L. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Personal Data
The processing of personal data by Applivery is subject to Applivery’s Privacy Policy and, where applicable, the Data Processing Agreement (DPA) pursuant to the European General Data Protection Regulation (GDPR). By using the Service, you acknowledge and agree that Applivery may collect and process personal data as necessary to provide, operate, and improve the Service, in accordance with those documents.
Confidentiality
You agree to maintain the confidentiality of any non-public information disclosed by Applivery, whether oral, written, visual or electronic, that is designated as confidential or that should reasonably be understood to be confidential by its nature or the circumstances of disclosure (“Confidential Information”). You agree not to disclose, use, or permit the use of Applivery’s Confidential Information for any purpose other than as necessary to use the Service in accordance with these Terms.
Links To Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by Applivery S.L.
Applivery S.L. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Applivery S.L. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless Applivery S.L., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, agents and affiliates, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Applivery S.L., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Applivery S.L. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws in Spain.
Applivery S.L., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Applivery S.L. chooses not to immediately act, or chooses not to act at all, Applivery S.L. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Applivery S.L. does not waive any of its rights. Applivery S.L. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. In such cases, the limitations and exclusions set forth in these Terms shall apply only to the extent permitted by applicable law.
Governing Law and Jurisdiction
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of Spain. Any dispute arising out of or in connection with these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Madrid, Spain.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact us
If you have any questions about these Terms, please contact us.