Conditions of Use (app)
These Conditions of Use (the “Conditions of Use” or the “Conditions”) set out the terms established for access to and use of the Appgree platform (hereinafter, the “Platform” or “Appgree”) by all users deciding to register (the “Users” or “you”). By using or accessing Appgree, accessing from the mobile application, its web version or from Appgree integrated into websites or third-party mobile applications through the Widget, You agree to comply with these Conditions of Use.
The platform was developed by Appgree, S.A., being a company with registered offices at Calle Olivo 8, 28981 Madrid and Tax Code A-86139706 (hereinafter “Appgree”), which also provides the services inherent in access and use of the same.
The platform may be administered either by us or by other Users (“Hosts”). A Host is User who has created, and therefore administers, channels in Appgree to carry on a dialogue with other Users and/or create questions from its profile. Appgree channels may allow public access by all Users (“public channels”) or may restrict access to certain groups of Users (“restricted” or “private” channels).
Anybody accepting these Conditions of Use on behalf of and representing a corporate or other legal entity represents and warrants that he/she has sufficient authority and powers of attorney to bind the entity concerned as regards these Conditions of Use.
General Terms and Conditions
In general, you undertake to use the platform in strict compliance with applicable legislation, and you shall be solely responsible for the use you make of the platform, for all content you may reproduce over the platform and for any consequences arising.
We reserve the right to:
- withdraw any content that is not in compliance with these Conditions or any other applicable policy, or which we may consider inappropriate for any reason; and
- to remove or deactivate the account of any User or any services associated therewith at any time.
You are responsible for the custody of the password you use to access the platform, and for any activity or actions you take with your passwords. Communication of your password to third parties and password sharing by several persons at once are strictly prohibited. We recommend that you protect your account using a password that is difficult to decode (i.e. a password which contains combinations of capital and lower case letters, numbers and symbols), and that you change it on a regular basis. Furthermore, you undertake to report the loss or theft of credentials as soon as possible wherever such circumstances may come to your attention. We shall not be liable for any loss or damages which may arise as a result of failure to comply with the above terms.
For these purposes, the Users agree and accept that the Platform’s standard authentication system is an appropriate means to identify Users pursuant to article 3.10 of the Spanish Electronic Signatures Act and, therefore, that all actions carried out based on a User’s credentials shall be attributable to that User.
A estos efectos, los Usuarios convienen con nosotros que el sistema de autenticación estándar de la Plataforma es un medio fehaciente para la identificación de los Usuarios a los efectos de lo dispuesto en el artículo 3.10 de la Ley de Firma Electrónica y que, por tanto, todas las actuaciones realizadas a través de dichas credenciales serán imputables a los Usuarios.
You are responsible for all content you publish in Appgree. We may not supervise or control the contents you reproduce via the platform, and we cannot accept any responsibility for the same.
The use you make or reliance you place on any content or material reproduced over the platform, or otherwise obtained via the same, shall be entirely your own responsibility. We do not approve, support, represent or warrant that the content or communications posted or transmitted over the platform are complete, truthful, accurate or reliable, and we do not support any opinions expressed over the platform. You hereby represent that you understand that the use of Appgree could expose you to offensive, harmful, erroneous or inappropriate content. Under no circumstances shall we be liable in any way for content, including but not limited to any error or omissions in said content, or any loss or damages of any kind which may arise as a consequence of use of the content reproduced in the platform, or sent, transmitted or published via the platform.
With regard to any contents or information published in Appgree, the User understands and accepts that we act merely as intermediary service providers in accordance with the Spanish Information Society Services and Electronic Commerce Act (Law 34/2002, of 11 July) and we shall be liable for such content and services only insofar as we may be actually aware that such information and content are unlawful and fail to act with due diligence to remove the same.
- You will continue to be the owner of any content published by you in Appgree, including content protected by intellectual property rights such as photographs and videos will become the property of the Company, but you specifically grant the following permission. You hereby grant us a worldwide, non-exclusive, transferable license, valid for the whole term of the intellectual property rights concerned in accordance with prevailing legislation, to utilize, reproduce, transform, distribute or otherwise publicly disseminate any content published on Appgree or in connection with Appgree using any means, whether in the platform or in other channels (websites, communications media, etc.). If you participate in a public or restricted channel, said license shall expressly include the possibility that we may authorize the channel’s Host to publish the content, and third parties to access and/or utilize the content outside of the platform under terms and conditions agreed with such parties.
Users hereby give the following undertakings in relation to access and use of the platform:
- Users shall not send any unauthorized commercial messages (such as spam) using Appgree.
- Users shall not use Appgree for any unlawful, dishonest, malicious or fraudulent activities, or to publish offensive, defamatory, discriminatory, xenophobic or immoral content, or content which might in any other way offend rights to personal honour, privacy and image, or any other fundamental personal rights.
- Users hereby give their consent and grant all necessary rights to allow other users to synchronize their devices (where appropriate via any application) with any content they may see in Appgree.
- Users shall not gather data or content belonging to other Users, nor shall they access Appgree using any automated means (such as harvesting bots, robots, spiders or scrapers) without seeking our prior permission.
- Users shall not advertise, or develop or use third-party advertising applications, unless they decide to create a Channel. In such case, the Conditions regulating Appgree channels shall apply.
- Users shall not participate in unlawful multilevel or pyramid marketing in Appgree, nor shall they offer competitions, gifts or wagers (collectively “promotions”) or advertise promotions in any way.
- Users shall not upload viruses or malware of any kind, and shall not perform any other actions which might incapacitate, overload or otherwise affect the proper functioning, look or image of Appgree, such as a service refusal attack or alteration of the presentation of pagers or other Appgree functionalities.
- Users shall not delete or in any other way remove any symbols or indications reserving intellectual property rights which may be included in the platform or any of its components.
Account security and registration
Users of Appgree provide their real names and data, and we need your cooperation to ensure that this remains so. Some of the undertakings you assume in relation to registration and protection of the security of your account are as follows:
- You shall not provide false personal data to Appgree, nor shall you create any accounts for other persons without their express, written authorization.
- You shall not create more than one personal account, which shall initially be identified by a single e-mail account.
- If we deactivate your account, you shall not create another without our permission.
- You shall ensure that contact data is accurate and is kept up to date.
- You shall not share your password or allow any other party to access your account, and you shall do nothing which might jeopardize the security of your account.
- You shall not transfer your account to any other person without our prior written consent.
- We reserve the right to delete your user name or identifier, if we consider it necessary (e.g. if the owner of any trade name complains that a user name is closely related with that of said trade name).
- You shall furnish us with any information or documentation we may request for the purposes of verification that the data and information you have provided is real. If you fail to provide such documentation, we may deactivate or eliminate your account.
Protection of third-party rights
We respect the rights of third parties and we expect Users to do likewise: For these purposes:
- The User represents that he/she is the holder of the necessary rights in relation to any actions carried out in the platform, and the User therefore undertakes not to publish any content or to take any other action in Appgree which might infringe or breach any intellectual or industrial property rights, or which might be otherwise unlawful.
- Users shall not publish any information relating to other persons without seeking prior consent for such publication, nor shall they harass, intimidate or bully any other user.
- We may withdraw any content or information published in Appgree which we consider to be in breach of these Conditions.
- We provide you with the necessary tools to protect your intellectual property rights. We offer you the opportunity to report the content posted by other users if you consider such action to be necessary (see the Section “Reporting of Unlawful or Inappropriate Third-Party Activities or Services”.
- If we withdraw your content on grounds of breach of copyright and you understand such action to be in error, you may appeal accordingly.
- If you infringe the intellectual or industrial property rights of any other party, we will eliminate or deactivate your account.
- You may not use our intellectual property rights or registered trademarks (such as Appgree, the Appgree logos, DemoRank, Appgree, S.A. and DW), or any other trade mark which may resemble the same or might other lead to error or create confusion among other Users or third parties, without the prior written consent of Appgree.
- You may not under any circumstances publish documents identifying any person or entity or any financial information in Appgree.
Special conditions applicable to software
- If your download our software as an independent software product, you accept that the software may periodically download upgrades, updates and additional functionalities.
- You accept that you may not modify our source code or carry out any derived work using the same, nor may you decompile or otherwise attempt to extract the source code without our express, written consent, or unless we make said source code publicly available to Users via a free software license. Such authorizations or licenses may refer to all of the software or may be restricted to only a part of the same.
Assignment of user rights
- Subject to these Conditions of Use, we assign to the User the non-exclusive, non-transferable rights to use the platform and the services associated therewith (e.g. support services, updates, etc.) for the duration of our services. Notwithstanding the foregoing, all intellectual and/or industrial property rights which may exist over the platform or any of its components, as well as the texts, photographs, graphics, images, icons, technology and other content provided by us to the User are our exclusive property, or were previously assigned to us by the lawful rights holders, and none of the aforementioned rights shall be construed as having been assigned to any User, above and beyond the right to use the same recognized herein.
- The right to use the platform shall be limited to remote access to the same over the Internet, in accordance with these Conditions of Use. Accordingly, Users are expressly prohibited from reproducing, distributing, publicly disseminating and/or transforming the platform or any component or content thereof beyond the scope of the aforementioned right of use.
- All trademarks, trade names, domain names, anagrams and identifying graphics relating to our products and services are our exclusive property of the same, and these Terms and Conditions do not confer any rights to use the same upon any User.
You hereby undertake to hold Appgree harmless from any possible damages, losses or expenses of any kind (reasonable legal costs and fees, etc.), including such as may arise from third-party claims, which we may incur as a result of non-compliance by you with any of the undertakings and obligations assumed under these Conditions of Use, including, inter alia, breach of any applicable legislation or infringement of third-party of any kind, such as the right to the protection of data, intellectual property rights and so forth. You undertake immediately to report to us any claims you may receive in relation to Appgree, or to access and use of the platform.
Exclusion of Guarantees
We endeavour to keep Appgree operating on an error-free, secure basis. However, Users agree that they use the platform entirely under their own responsibility. Appgree is provided as is, without any express or implicit guarantee and, accordingly, we do not offer any assurance of its marketability or appropriateness for any given purpose, except as may be legally required in accordance with applicable legislation, and we do not guarantee that there will be no interruption of access and use of the platform, or that the same is completely free of errors, computer viruses or other malware. Each User shall be responsible for applying adequate tools to detect, prevent and disinfect any viruses or malicious software which may exist in the devices utilized to connect to the platform. We do not represent or warrant that the platform will always be provided free of charge, and we accordingly reserve the right to require payment of a price for access and use of the platform or any of its functionalities, providing we duly notify Users in advance. If you do not accept the financial terms proposed in such case, access to the platform and the functionalities in question shall be terminated on the date on which said financial terms enter into force, and you shall not be entitled to receive any compensation of any kind.
Appgree shall not be liable for any actions, content, information or data included in or provided to the platform by Users, the Host or third parties, or for the use made of the platform by any of the same, and you therefore exempt Appgree and its executives, employees and agents from any claims, legal action or damages arising from, or in any way related with use of the platform, and you shall hold Appgree harmless from any third-party claims.
Limitation of Liability
We shall be liable for all and any damages occasioned to Users as a consequence of negligence on our part in the performance of our obligations. Insofar as permitted by applicable legislation, however, Appgree shall not under any circumstances be liable to Users for any constructive or intangible damages, expenses, loss of data, loss of profits, or loss of income, earnings or goodwill, even where we may be advised of the possibility that such damages could arise.
The compensation of damages in the event of non-performance by Appgree of any obligations assumed by us with respect to damages caused by negligence on our part or otherwise attributable to us shall be capped and shall at no time exceed the price paid by the User for the services provided by us in the twelve months immediately preceding the event giving rise to the liability, or 100 euros if the service in question is provided free of charge.
Where applicable legislation does not allow exclusion or limitation of liability as described in the preceding paragraph, the maximum liability cap permitted by such legislation shall be applied to determine our responsibility towards Users.
Reporting of unlawful or inappropriate third-party activities or services
Should a User, or any other third party, become aware that any information or content published in the platform infringes third-party rights, or that such content is unlawful, harmful, defamatory, violent, immoral or in any other way infringe these Conditions of Use, said User or third party may contact us, providing the following information:
- Description of the facts concerned in the unlawful or improper nature of the content or activities.
- In the case of intellectual or industrial property rights, or any other rights of which we might not be aware, the personal details of the rights holder affected shall be provided if the same is a person other than the complainant, as well as the instrument authorizing the complainant to represent said rights holder. In such cases, documentation supporting the existence of the legal right or good infringed.
- Express representations as to the truthfulness of the information contained in the complaint.
Receipt by us of the report referred to in this clause shall not necessarily mean that we are apprised of the unlawfulness of the activities and/or content referred to by the complainant pursuant to the Spanish Information Society Services Act (Law 34/2002, of 11 July). Notwithstanding the above, we reserve the right to withdraw the content concerned on a permanent or interim basis while we investigate or seek additional information in relation to the third-party rights allegedly infringed.
Elimination and deactivation of user accounts
Where a User wishes to cease using the account, he/she may request that it be deleted.
- When an account is deleted, the User access to the Platform is immediately canceled. Nevertheless, the User account data may be kept in the Platform’s backup copy for up to 30 days.
- Certain actions you take in Appgree are not stored in your account. Such actions include your participation in events like your responses to questions or when you vote on responses sent by other users, also any text, photo, video or any other content you may post to the Platform. Therefore, this data will not be deleted with the account. For instance, the application may keep the content you have posted, which will remain visible to other users even after you have deleted your account.
- Following the 30 days’ period, all data of your account will be deleted from the Platform and the Platform’s backup copies, except for the abovementioned information that is not considered part of the User account.
- You should only eliminate your account if you are certain that you will not wish to reactivate it later.
The services offered via the platform are constantly evolving, and we therefore reserve the right to expand, modify or reduce the functionalities of Appgree at any time. Where the evolution of our services requires the inclusion of changes to these Conditions of Use, or should we amend the same for any other reason, notice of said changes will be provided on our website in the form of messages published in the platform or by e-mail depending on the circumstances, and your express acceptance will be sought, or you will be allowed a given period to oppose the new conditions. If you do not accept the new Conditions, the Appgree service will be immediately terminated. Otherwise, it shall be understood that you accept the proposed changes upon expiration of the aforementioned period.
If any User breaches the spirit or letter of these Conditions of Use, or otherwise exposes us or the platform to any legal or other risks, we may cease to provide such User with all or part of the Appgree service. In such case, you will be duly notified by e-mail or in a message displayed the next time you seek to access your account.
We may also terminate the Appgree service at any time even in the absence of any of the infringements mentioned in the preceding paragraph, providing you with reasonable prior notice where possible.
Users may also terminate the service by requesting deletion of their accounts.
- The terms “information” and “content” refer to any information about you, including Users’ actions, and/or everything you or other Users publish on the platform.
- The term “publish” means to publish in Appgree or to provide content in any other way using Appgree.
- The term “channel” refers to a space created in the platform and administered by the Host or by us, allowing dialogue with the Users participating in the channel.
- If any part of these Conditions of Use should be revoked or found null and void, the remaining Conditions of Use shall remain in full force and effect.
- Should we refrain from exercising any right or action available to us under these Conditions, such circumstance shall not be construed as a waiver of the right or action concerned.
- We shall not be liable to any user for non-performance or delays in the performance of any of the obligations assumed by us in these Conditions of Use, where caused by force majeure or any fortuitous event.
- Users shall not transfer their rights or obligations under these Conditions of Use to any third party without our prior consent.
- We may assign our rights and obligations hereunder to third parties, either in whole or in part.
- None of these Conditions of Use shall be construed in such a way as to prevent compliance with applicable law.
- We reserve all rights not expressly conferred on Users herein.
- These Conditions of Use shall be governed by Spanish Law, without prejudice to any cases in which the laws of other States may apply on a mandatory basis.
Conditions for Appgree Host
The Host shall ensure that the activities carried out by Users of the channel are in conformity with the applicable legislation and our Conditions of Use and shall report any behaviour by the Users of the channel which might be contrary to the same as soon as possible so that we can take the appropriate measures.
Channel name or theme
A channel’s name and theme shall only be associated with brands, trade names or other rights lawfully held by the Host, or duly assigned with the necessary scope to the Host by their lawful owner, and the use of any brands, trade names or rights shall not breach the rights of any third parties under applicable legislation. In the event of any third-party claims in respect of unauthorized use of alleged proprietary brands or trade names, we may require the Host to provide documents supporting the existence of sufficient rights to use the distinguishing signs associated with the channel. If you do not provide supporting documentation, or if the documentation provided does not authorize use of the trademark, we may request the Host to change the name or theme of the Channel or to terminate the service.
Channels targeting adults
The Host shall include such cautions or verifications as may be necessary to comply with applicable legislation where their channels’ theme or content is aimed exclusively at persons aged over 18 years, or where access is legally reserved for persons above the age of 18 years.
Advertising, offers, competitions and promotional games on channels
The Host may advertise competitions, games and other promotional offers related with its own products and services on the channel, provided it complies duly with the applicable legislation.
The Host shall carry third-party advertising on the channel, and the Host shall not offer participation in any competitions, games or promotional offers related with the third parties.
Personal data of Channel or profile Users
Use of content published by channel or profile Users
We hold title to all content and information published by Users in a channel administered by the Host (“User Content”), without prejudice to any rights which the said Users may hold with respect to such Content. Nevertheless, we hereby grant to any Host setting up a public or restricted channel a non-exclusive, non-transferable license to publish the User Content via the platform media (websites, communication media, etc.), subject to compliance by the Host with the following conditions, unless any other conditions are expressly established in a prior written agreement with us: (i) you maintain the integrity of any User Content, and you shall not in any way alter such content; (ii) you shall use the name “Appgree” and/or our logos to identify the source of the User Content; (iii)you shall not utilize the User Content for profit, and as the Host you shall be expressly prohibited from seeking any remuneration in respect of the use of such content; (iv) you shall not include in the User Content in advertising; (v) the Host shall request the Users of the channel to provide any authorization which may be necessary in accordance with applicable legislation; and (vi) you shall respect all other obligations contained in the Conditions of Use.
Beyond the scope of the license granted above, the Host shall refrain from reproducing, copying, distributing, make available, publicly communicating, transform or otherwise modifying the User Content.
Appgree offers the possibility of integrating the platform in websites or mobile applications in an easy and convenient way through the Widget. The Appgree Widget allows the Host to display certain contents in its channel or profile on web pages or mobile applications outside Appgree. The Host that wish to integrate Appgree, can choose the type of content to be displayed from the three existing types of Widget according to their format. You can check the types of Widget here.
By creating, using and displaying an Appgree Widget, you are agreeing to the following conditions:
- Maintain the established features and functionalities for Appgree and its Widget. Do not alter, modify or disable any of Appgree’s or its widget’s features or functionalities by customising its code or by any other methods.
- Do not alter or modify in any way the look, layout, text or any other element or content -graphic or otherwise- from Appgree or its Widget, especially our trademarks (Appgree, Appgree; DemoRank, Appgree S.A. and DW logos).
- You must respect the integrity of all User Content, not being allowed to alter it in any way.
- Any promotional activity on your side cannot resemble or imitate Appgree’s conversations or questions or lead users on to confusion in any other way. If you display publicity on your web or blog, there must be a clear separation between your Widget’s content and such publicity (e.g. banners, etc).
Closure of channel or account
If you eliminate a channel or your account, or if we deactivate one of them for any reason, access to said channel or profile shall be blocked both for the Host and for Users of the channel and profile, so that it shall cease to be accessible via the platform.