APP TERMS OF USE

Last update date: 06/05/ 2024

OWNERSHIP.

The purpose of this document is to establish the general conditions of use of the PeritCam application (hereinafter, the Application), owned by HÉCTOR LINARES MORALES, with CIF/NIF number: 20248892Z and address for notification purposes at: C/ Els Ports, 3, CP 12005 – Castellon (Castellón De La Plana).

Registration and subsequent use of the Application requires prior acceptance by the user of the current general conditions of use. The Owner reserves the right to modify these conditions at any time, although such changes will be duly notified to the user for their knowledge.

Downloading and using the application, either through the web app or the mobile app, confers the status of user of the same (hereinafter, the User) and implies the reading, understanding and acceptance of all the terms and conditions contained in this document.

However, the User must periodically review the publications regarding changes made to the conditions of use, and if the User continues to use the Application, it will be understood that this implies the acceptance and assumption of said changes.

These terms of use affect your legal rights and obligations regarding the use of the Application. If you do not agree to the terms contained herein, you must not register, access or use the Application.

MINORS.

Please note that the User must be over eighteen (18) years of age. Please note that this application is also intended exclusively for professional experts.

INTELLECTUAL PROPERTY RIGHTS.

The Application is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, etc.), whose intellectual property rights, pursuant to the provisions of current regulations on the matter, correspond to the Owner, except with regard to those materials obtained under license, authorization or consent of third parties.

The Owner and third-party licensors shall retain at all times the intellectual property rights over the Application, as well as over the different elements that compose it, considered individually, in all copies made (whatever the medium on which they are incorporated), granting only the right of use over them. 

Any right not expressly granted shall be deemed reserved in favor of the Owner and the licensors of individual content or elements.

The Owner holds the intellectual property and exploitation rights over the software used for the development and operation of the Application, and will be entitled to download and install new versions of the Application software, updates and upgrades, in order to improve the functionality of the service.

The user does not acquire any right or license for the contracted service, over the software necessary for the provision of the service, nor over the technical information for monitoring the service, except for the rights and licenses necessary for the use and correct operation of the Application.

In addition to the above, the Owner is responsible for the selection, design of the structure and arrangement of the contents of the Application, as well as the one who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting it, corresponding to him, therefore, the protection that the Intellectual Property Law (LPI) may grant on said arrangement and structuring of data.

The Owner is also the sole owner of the design and graphic image of the Application, reserving the legal actions that correspond to it against persons who may make imitations or unfair uses of it.

USER RIGHTS.

With respect to any content generated by the user during the use of the Application, the user will be the sole owner of the intellectual property rights over such content.

However, when the User shares, distributes or publishes content in the Application, he/she is granting a non-exclusive, transferable and free license to store, reproduce, distribute, modify, maintain or publicly communicate (distribute, publish) the content generated by the User.

In the event that the User shares or publishes content on the Application that he or she has not created or generated himself or herself, he or she will be solely responsible for having previously obtained the corresponding authorizations from the legitimate authors of said content.

In any case, the Owner informs the User that, although the content may be removed from the Application interface, it may be kept in the Owner's backup copies for a certain period of time before being effectively deleted.

It should also be noted that the content may continue to be visible if it has been shared with other users, and they have downloaded or saved said content, with these actions exceeding the scope or environment of the Application.

USER OBLIGATIONS.

The User undertakes to use this Application and all its content in compliance with the law, morality, public order and these terms of use. The User also undertakes to make appropriate use of the services and/or content of the Application.

In particular, the User undertakes to: 

• Do not use the Application to carry out illegal activities or activities that constitute a crime, that violate the rights of third parties and/or that infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system.
• Not to transmit, introduce, distribute or make available to third parties any type of material and information (data contained, messages, drawings, sound and image files, photographs, software, etc.), through the Application, that is contrary to the law, morality, public order and these conditions of use.
• Do not generate, share or upload content to the Application if it is illegal, misleading, or discriminatory, or if it violates the rights of another person.
• The publication or transmission of any content that is violent, obscene, abusive, racial, xenophobic or defamatory.
• Do not introduce or upload viruses or malicious code, or carry out activities that may alter the correct functioning of the Application.
• Do not collect or use personal data (including physical image) of other users without their express consent or in contravention of the provisions of the General Data Protection Regulation.

 The infringement of any of the rules contained in this section will entitle the Owner to immediately terminate the Application for the user, as well as to eliminate content generated by the user, which may infringe the rights of third parties, be inappropriate or be contrary to the legal order.

LIMITATION OF LIABILITY.

The Owner does not guarantee that, during the use of the Application, failures or errors may not occur that hinder the use of the service, generate imperfections, problems or delays in the system.

Provided that the Owner has acted with due diligence, he/she shall not be liable for: losses not caused by the Owner's breach of these terms and conditions; losses not reasonably foreseeable by any of the parties; content distributed or published by other users when it infringes the rights of third parties or is illegal, violent, offensive or inappropriate.

PERSONAL DATA PROTECTION.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR), any information or personal data that the User provides through the use of this App will be processed in accordance with the provisions of our Privacy Policy.

MODIFICATIONS.

The Owner reserves the right to make, without prior notice, any changes it deems appropriate for the correct operation of the Application, and may change, delete or add content and services provided through the Application, as well as the way in which they are presented or located.

The Owner will try, as far as possible, to keep the information contained in this Application up to date and free of errors, although, in any case, access to and use of the same is the sole responsibility of the User.

LEGAL ACTIONS.

In the event of non-compliance by the User with the terms included in these conditions of use, the Owner will be entitled to initiate legal action that, in accordance with current legislation, may be appropriate, as well as to request the relevant compensation from the User.

The Owner will pursue any improper use of the Application or its contents as well as any infringement of the rights that correspond to him or his licensors, especially with regard to intellectual and industrial property rights.