1. OWNERSHIP.
The purpose of this document is to establish the general conditions of use of the application HelzTRK (hereinafter, the Application), owned by Dooctoor Tech, SL, with CIF/NIF nº:
B16706657 and address for notification purposes at: C/ Marqués De Villabrágima, 41, CP 28035 - Madrid (Madrid), with said entity registered in the Mercantile Registry of Madrid, Volume 42250, Folio 48, Page M-747967, registration 1 (hereinafter, the Owner) .
The 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 informed for the knowledge of the user.
The download and use of the application, attributes the condition 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 related to the changes made in the conditions of use, and if he continues to use the Application, it will be understood that this implies acceptance and assumption of said changes.
These conditions of use affect your legal rights and obligations regarding the use of the Application. If you do not accept the terms included in them, you should not register, access, or use the Application.
2. MINORS.
In accordance with the provisions in force regarding the protection of personal data, and in order to protect the privacy of minors, it is reported that the User must be over fourteen (14) years of age or have express authorization from their parents and/or legal guardians, in order to register, access and use this Application.
To this end, the Owner may contact the User at any time to prove their identity and the real age that would enable them to use the Application, or to demonstrate that they have authorization from their parents and/or guardians legal.
Among the documents that the Owner may request from the User to prove the aforementioned points, there would be a copy of their DNI, as well as other complementary documents that are necessary for the Owner to verify the real age of the User. In the event that the Owner requests the aforementioned documentation from the User, and the User
refuses to provide it, the Owner may unsubscribe the User from the Application.
3. 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, by virtue of the provisions of current regulations on the matter, correspond to the Owner, except in relation to those materials obtained under license, authorization or consent of third parties.
The Owner and the third-party licensors will 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 the copies that are made (regardless of the support to which are incorporated), granting only the right of use over them.
Any right that is not expressly assigned, will be understood as reserved in favor of the Owner and the licensors of content or individual elements.
The Owner has the intellectual property and exploitation rights over the software used for the development and operation of the Application, and will be authorized to download and install new versions of the Application software, updates and improvements, in order to improve the service functionalities.
The user does not acquire any right or license for the contracted service, on the software necessary for the provision of the service, nor on the technical information for monitoring the service, except for the rights and licenses necessary for the use and correct operation of the service or Application.
In addition to the above, the Owner is responsible for the selection, design of the structure and layout of the contents of the Application, as well as who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting of the same, corresponding, therefore, to the protection that the Intellectual Property Law (LPI) may grant on said provision and structuring of data.
The Owner is also the sole owner of the design and graphic image of the Application, reserving the actions that legally correspond to him against people who could make imitations or unfair uses of it.
4. USER RIGHTS.
Regarding the possible content generated by the user, during the use of the Application, the user will be the sole owner of the intellectual property rights over said content.
However, when the User shares, disseminates or publishes content on the Application, they are granting a nonexclusive, transferable and free license to be able to store, reproduce, distribute, modify, maintain or publicly communicate (disseminate, publish) the content generated by the user.
In the event that the User shares or publishes content on the Application that he has not created or generated himself, he 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 time, before being effectively deleted.
Likewise, it is worth mentioning that the content may continue to be visible if it has been shared with other users, and they have come to download or save said content, exceeding these actions in the scope or environment of the Application.
5. OBLIGATIONS OF THE USER.
The User agrees to use this Application and all its content in accordance with the law, morality, public order and these conditions of use. Likewise, you agree to make appropriate use of the services and/or contents of the application.
In particular, the User undertakes to:
Do not use the Application to carry out illicit or criminal activities that violate the rights of third parties and/or that violate the regulation on intellectual and industrial property, or any other rules of the applicable legal system.
Do not transmit, introduce, disseminate and make available to third parties, any type of material and information (contained data, messages, drawings, sound and image files, photographs, software, etc.), through the Application, that are 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 codes, or carry out activities likely to alter the proper 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 empower the Owner, to unsubscribe from the Application to the user immediately, as well as to eliminate content generated by the user, which may violate the rights of third parties, be inappropriate or be contrary to the legal order.
6. LIMITATION OF LIABILITY.
The Owner does not guarantee that, during the use of the Application, failures or errors may not occur that make it difficult to use the service, generate imperfections, problems or delays in the system.
Provided that the Owner has acted with the timely and necessary diligence, it will not assume any responsibility for: losses not caused by the Owner's violation of the provisions of these conditions; losses not reasonably foreseeable by either party; content disseminated or published by other users, when they violate the rights of third parties, or in the case of illegal, violent, offensive or inappropriate content.
7. PERSONAL DATA PROTECTION.
In accordance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (General Data Protection Regulation - RGPD), all information or personal data that the User provides through the use of this App, will be treated in accordance with the provisions of our Privacy Policy.
8. MODIFICATIONS.
The Owner reserves the right to make, without prior notice, the modifications it deems appropriate for the proper functioning of the Application, being able to change, delete or add both the content and services provided through it, as well as the way in which which they appear presented or located.
The Owner will try, as far as possible, to keep the information contained in this Application updated and error-free, although, in any case, access to and use of the same is the exclusive responsibility of the User.
9. LEGAL ACTIONS.
In case of non-compliance by the User, of the terms included in these conditions of use, the Owner will be authorized to initiate legal actions that, in accordance with current legislation, may be appropriate, as well as to request the relevant compensation from of the User.
The Owner will prosecute any improper use of the Application or its contents as well as infringements of the rights that correspond to him or his licensors, especially in relation to intellectual and industrial property rights.