These General Terms and Conditions are a binding agreement between you and Recog
\nAnalytics S.L.<\/p>\n
You must agree to and accept all of the Terms, otherwise you will not be entitled to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in force for as long as you use the Services. These Terms include the provisions of this document, as well as those of the Privacy Policy and the Data Processing Agreement. Users must read this document carefully.<\/p>\n
This Application is offered by: Recog Analytics – Paseo de la Castellana, 194, 28046, Madrid, Madrid, Spain
\nOwner\u2019s contact email address: contact@recog.es<\/b><\/p>\nDefinitions<\/b><\/h2>\n
This Application (or this Application)<\/b><\/h3>\n
The property that enables the provision of the Service, Relisten.<\/p>\n
Any legally or contractually binding relationship established between the
\nOwner and the User, governed by these Terms.<\/p>\n
Any code or voucher, whether in printed or electronic format, that allows the
\nUser to purchase a Product at a discounted price.<\/p>\n
A Product consisting of:
\n– content produced and supplied in digital format; and\/or
\n– a service that allows the creation, processing, storage of or access to data in digital format, or the sharing of or any other form of interaction with digital data uploaded or created by the User or by any other user of this Application.<\/p>\n
Applies when a User, regardless of nationality, is
\nlocated in the EU.<\/p>\n
Refers to the natural or legal person that provides this Application and\/or the
\nService to Users.<\/p>\n
Set of services available in the Application offered jointly with the corresponding subscription fees applied.<\/p>\n
A good or service available through this Application, such as tangible goods, digital files, software, booking services, etc., and any other type of products defined separately in this document, such as Digital Products.<\/p>\n
The service provided by this Application as described in these Terms and in this Application.<\/p>\n
All provisions applicable to the use of this Application and\/or the Service as described in this document, including all other related documents or agreements and their updated versions in force at any given time.<\/p>\n
Refers to any natural or legal person using this Application.<\/p>\n
A Consumer is any User who is considered as such under applicable law.<\/p>\n
Relisten is a technological solution designed to assist healthcare professionals in documenting medical consultations automatically and efficiently.
\nIts objective is to reduce administrative burden and allow physicians to focus on providing quality care to their patients.<\/p>\n
– Please note that some provisions of these Terms apply only to certain categories of Users. In particular, certain provisions will apply only to Consumers or to those Users who do not fall into the Consumer category. Such limitations are always expressly mentioned in each of the clauses to which they refer. In the absence of such a mention, the clauses will apply to all Users.
\n– The right of withdrawal applies only to European Consumers.
\n– This Application uses automatic renewal for Product subscriptions. Information regarding a) the renewal period, b) cancellation details, and c) the cancellation notice may be found in the relevant section of these Terms.<\/p>\n
Unless otherwise stated, the terms of use detailed in this section generally apply to the use of this Application. In specific situations, individual or additional conditions of use or access may apply and, in such cases, they will be indicated additionally in this document. By using this Application, Users confirm that they meet the following requirements:
\n– There are no restrictions on Users in the sense that they may be Consumers or Professional Users;<\/p>\n
To use the Service, Users must register or create a User account, providing all required data or information completely and truthfully. If they fail to do so, the Service will not be available.<\/p>\n
Users are responsible for keeping their access credentials confidential and secure. For this reason, Users must also
\nchoose passwords that meet the highest strength standards permitted by this Application.<\/p>\n
By registering, Users agree to assume full responsibility for all activities that take place under their username
\nand password.<\/p>\n
Users must inform the Owner immediately and unambiguously, using the contact details indicated in this document, if they believe that their personal information, including but not limited to User accounts, access credentials or personal data, has been compromised, improperly disclosed or stolen.<\/p>\n
Users may cancel their accounts and stop using the Service at any time as follows:
\n– By contacting the Owner directly through the contact details provided in this document.<\/p>\n
The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without prior notice if it
\nconsiders them inappropriate, offensive or believes that they breach these Terms.<\/p>\n
The suspension or deletion of User accounts will not entitle Users to claim any compensation, damages or reimbursement.<\/p>\n
The suspension or deletion of accounts for reasons attributable to the User will not release that User from paying any applicable fees or prices.<\/p>\n
Unless otherwise specified or clearly recognizable, all content available in this Application is owned by the Owner or provided by the Owner or its licensors.<\/p>\n
The Owner undertakes to act with the utmost diligence to ensure that the content provided in this Application does not infringe any legal provision or violate the rights of third parties. However, it will not always be possible to achieve this objective.<\/p>\n
In such cases, without prejudice to the legal prerogatives available to Users to enforce their rights, Users are asked to report
\ncomplaints in this regard using the contact details provided in this document.<\/p>\n
The Owner reserves all intellectual property rights over all such content.<\/p>\n
Accordingly, Users may not use such content in ways that are not necessary or implicit in the proper use of the Service.<\/p>\n
In particular, but without limitation, Users may not copy, download, share beyond the limits established below, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer\/assign to third parties or create derivative works from the content available in this Application, nor allow any third party to do so through the User or the User\u2019s device, even without the User\u2019s knowledge.<\/p>\n
Where expressly established in this Application, the User may download, copy and\/or share any content available through this Application solely for personal and non-commercial use and provided that copyright acknowledgements and all other acknowledgements requested by the Owner are made correctly.<\/p>\n
The limitations or exceptions to copyright established by law will not be affected.<\/p>\n
Through this Application, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content or availability.<\/p>\n
The terms applicable to resources provided by third parties, including those applicable to any possible granting of rights over the content, derive from the terms and conditions of such third parties or, in their absence, from applicable laws.<\/p>\n
This Application and the Service may only be used within the scope for which they are provided, in accordance with these Terms and applicable law. Users are solely responsible for ensuring that their use of this Application and\/or the Service does not infringe any law or regulation or violate third-party rights. Accordingly, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Application or the Service, terminating contracts, and reporting inappropriate conduct carried out through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users carry out or are suspected of having carried out any of the following activities:
\n– Breaches of laws, regulations and\/or these Terms;
\n– Violation of third-party rights;
\n– Causing significant harm to the Owner\u2019s legitimate interests;
\n– Offending the Owner or any third party.<\/p>\n
Users may access their data relating to this Application through the Application Programming Interface (API). Any use of the API, including use of the API through a third-party product\/service that accesses this Application, will be governed by these Terms and, additionally, by the following specific conditions:
\n– The User expressly understands and agrees that the Owner will have no liability and will not be held responsible for any damages or losses arising from the User\u2019s use of the API or from the User\u2019s use of any third-party products\/services that access data through the API.<\/p>\n
To access or receive some of the Products provided through this Application as part of the Service, Users may be required to provide their personal data as indicated in this Application.<\/p>\n
The fees, duration and conditions applicable to the purchase of the services are described in the specific sections of this Application.<\/p>\n
Prices, descriptions or availability of Products are detailed in the corresponding sections of this Application and may change without
\nprior notice.<\/p>\n
Although the Products in this Application are presented as faithfully as technically possible, their representation in this
\nApplication through any means (including, where applicable, graphic materials, images, colors or sounds) is intended solely as a reference and does not imply any warranty regarding the characteristics of the Product purchased.<\/p>\n
The characteristics of the chosen Product will be described during the purchase process.<\/p>\n
All steps taken from selecting a Service to submitting the order form part of the purchase process.<\/p>\n
The purchase process includes the following steps:
\n– Users must choose the Service they want and check their purchase selection.
\n– After reviewing the information shown in the purchase selection, Users may place the order by submitting it.<\/p>\n
When Users place an order, the following clauses apply:
\n– Placing an order determines the conclusion of the contract and therefore obliges the User to pay the price, taxes and all possible additional fees and expenses, as indicated on the order page.
\n– If the purchased Product requires action by the User, such as providing information or personal data, specifications or special wishes, placing the order will oblige the User to cooperate in this regard.
\n– Once the order has been placed, Users will receive a receipt confirming receipt of the order.<\/p>\n
All notifications relating to the purchase process described will be sent to the email address provided by the User for this purpose.<\/p>\n
Users will be informed, during the purchase process and before submitting the order, of all commissions, fees and costs (including, where applicable, shipping costs) that must be paid.<\/p>\n
Prices in this Application are shown:
\n– either including or excluding all applicable commissions, fees and costs, depending on the section the User is viewing.<\/p>\n
The Owner may offer discounts or special offers for the purchase of Products. All such offers or discounts will in any case be subject to the eligibility criteria and terms and conditions established in the corresponding section of this Application.<\/p>\n
Offers and discounts are always granted at the sole discretion of the Owner.<\/p>\n
Repeated or recurring offers or discounts will not create any action or right that Users may exercise in the future.<\/p>\n
Depending on each case, discounts or offers will only be valid for a limited time or while stocks last. If an offer or discount is time-limited, the time parameters will refer to the Owner\u2019s time zone, as indicated in the Owner\u2019s location details in this document, unless otherwise stated.<\/p>\n
Offers or discounts may be based on Coupons.<\/p>\n
If the conditions applicable to Coupons are breached, the Owner may legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.<\/p>\n
Without prejudice to the provisions set out below, any additional or differing rules applicable to the use of the Coupon that appear on the relevant information page or on the Coupon itself will prevail in all cases.<\/p>\n
Unless otherwise stated, the following rules will apply to the use of Coupons:
\n– Each Coupon will be valid only when used in the manner and within the period specified on the website and\/or on the Coupon;
\n– Only one Coupon may be applied, in full, at the time of purchase – partial use is not permitted;
\n– Unless otherwise stated, single-use Coupons may only be used once per purchase and, therefore, may only be applied on one occasion even in cases involving purchases based on installment payments;
\n– Coupons may not be applied cumulatively;
\n– Coupons may be redeemed exclusively within the period specified in the offer. After this period, the Coupon will expire automatically, preventing any possibility for the User to claim the corresponding rights, including redemption for cash;
\n– Users will not be entitled to any credit\/refund\/compensation in the event of a difference between the value of the Coupon and the value redeemed;
\n– Coupons are intended solely for non-commercial use. Any reproduction, falsification and commercialization of Coupons is strictly prohibited, together with any illegal activity related to the purchase and\/or use of Coupons.<\/p>\n
Information regarding accepted payment methods will be provided during the purchase process.<\/p>\n
Some payment methods will only be available subject to additional conditions or fees. In such cases, information about them may be found in the specific section of this Application.<\/p>\n
All payments are processed independently through third-party services. Accordingly, this Application does not collect any payment information – such as credit card details – but only receives a notification once payment has been successfully completed. Users may read this Application\u2019s privacy policy for more information about data processing and Users\u2019 rights over their data.<\/p>\n
If payment through the available methods fails or is declined by the payment service provider, the Owner will have no obligation to execute the purchase order.
\nIf a payment fails or is declined, the Owner reserves the right to claim from the User all related expenses or damages.<\/p>\n
If Users authorize the PayPal functionality that allows future payments, this Application will store an identification code linked to the User\u2019s PayPal account. This will authorize this Application to process payments automatically for future purchases or for periodic installment payments for past purchases.<\/p>\n
This authorization may be revoked at any time, either by contacting the Owner or by modifying the user settings provided by PayPal.<\/p>\n
Users will not acquire any right to use the purchased Product until the Owner has received the purchase price in full.<\/p>\n
The contracted service will be provided or made available within the period specified in this Application or as communicated before the order is submitted.<\/p>\n
Users will have the option to try this Application or selected Products during a limited and non-renewable trial period, free of charge. Some features or functionalities of this Application may not be available to Users during the trial period.<\/p>\n
The other conditions applicable to the trial period, including its duration, will be specified in this Application.<\/p>\n
The trial period will end automatically and will not become any paid Product unless the User actively purchases such paid Product.<\/p>\n
Subscriptions allow Users to receive the service continuously over time. Details depending on the type of subscription and cancellation are described below.<\/p>\n
Paid fixed-term subscriptions begin on the day the Owner receives payment and remain in force for the subscription period chosen by the User or otherwise specified during the purchase process.<\/p>\n
Once the subscription period expires, the Product will no longer be accessible.<\/p>\n
Subscriptions renew automatically through the payment method chosen by the User during purchase.<\/p>\n
The renewed subscription will have the same duration as the original term.<\/p>\n
Users will receive a reminder of the upcoming renewal with reasonable advance notice, detailing the procedure to follow to cancel automatic renewal.<\/p>\n
Cancellation<\/b><\/p>\n
Users may cancel their subscription at any time using the controls available on the Relisten website or by contacting the Owner directly using the contact details indicated in this document.<\/p>\n
Cancellation will be effective at the end of the current subscription period, provided that the cancellation process is completed before the subscription renewal date. If cancellation is not made in time, the subscription will automatically renew for the next period. procedure to follow to prevent extension or to cancel the subscription subsequently.<\/p>\n
Cancellation<\/b><\/p>\n
Extended subscriptions may be cancelled at any time by sending the Owner a clear and unequivocal cancellation notice
\nusing the contact details indicated in this document, or \u2014 where applicable \u2014 using the corresponding options within this Application.<\/p>\n
If the Owner receives the cancellation notice before the end of the current month, the subscription will expire at the end of that month.<\/p>\n
The Owner grants the User a license to use the Solution consisting of a right to use the Solution in accordance with its purpose and scope described in the Subscription Package in the Application.
\nThe User\u2019s right to use the Application is limited to personal use.
\nThis right is a general, non-exclusive, personal, non-transferable and non-assignable right to use all the Modules of the Solution specified in the Subscription Package.<\/p>\n
This right is reserved for the exclusive use of the User, excluding any other entity, third party or affiliate or sister company or partner of the User.
\nThis right is granted only during the term of this Agreement.
\nThe User may not, directly or indirectly, make the Application available to or grant rights over the Application to any third party, affiliate, sister company or partner that is not a party to the Agreement, whether free of charge or for consideration, without the prior written consent of the Owner on specific financial conditions.
\nNotwithstanding the foregoing, the User may temporarily make the Solution available to the competent public authorities, to the extent that such availability is necessary to comply with the User\u2019s legal obligations, and this shall be under the User\u2019s sole responsibility.
\nThe User and the Users will not acquire any rights over the Solution, whether intellectual property rights or otherwise, other than those conferred by the Agreement.
\nThe User undertakes to adopt all legal, contractual, logical or technical measures to ensure that the terms of the Agreement, and in particular the limits of this license, are enforceable and respected by the Users.
\nThis grant of rights does not imply the transfer of any intellectual property rights to the User, since the Owner retains full and complete ownership of all aspects of the Application.<\/p>\n
The Owner will use all necessary technical means to ensure the proper functioning of the Solution, allowing access to and use of it 24 hours a day, 7 days a week, except in cases of force majeure or an event outside the Owner\u2019s control, and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Solution.
\nThe Owner may interrupt the provision of the Solution, without incurring any liability and without fault on its part, for scheduled maintenance purposes, provided that it informs the User in advance by email or any other means of its choice.
\nScheduled maintenance refers to maintenance operations carried out, as far as possible, during periods of reduced use of the Solution.
\nIn the event of unavailability of the Solution, outside scheduled maintenance, the Owner undertakes to restore it as soon as possible after the unavailability has been detected.
\nGiven the complexity of the Internet, the unequal capacities of the different subnetworks, the influx of users at certain times and the various bottlenecks over which the Owner has no control, the Owner may not be held liable under any circumstances for:
\n– access speeds from the User\u2019s Configuration,
\n– external slowdowns,
\n– poor transmissions due to a failure or malfunction of these networks.
\nGiven the nature and complexity of the technologies implemented for the performance of the Agreement, each Party:
\n– undertakes to exercise all reasonable care in the performance of the Agreement,
\n– acknowledges that the Solution cannot be free of Incidents, failures, interruptions and unavailability.
\nIn the event of Incidents resulting from elements for which one of the Parties is responsible, the other Party undertakes to inform the former, which undertakes to use its best efforts to remedy the situation.
\nIf necessary, the Parties will consult each other to decide by mutual agreement on the best solution to implement under an additional clause, if such solution would require an additional financial burden for the Owner.<\/p>\n
The solution makes use of artificial intelligence algorithms, among other things, for the transcription of conversations and the drafting of notes. The models used may produce hallucinations or inaccurate information. It is the User\u2019s responsibility to review the results provided by the solution.<\/p>\n
Unless expressly established or agreed otherwise with Users, the Owner\u2019s liability for damages relating to the performance of the Agreement is excluded, limited and\/or reduced to the maximum extent permitted by applicable law.<\/p>\n
Users undertake to use the Solution responsibly and professionally, in particular: (i) to verify the accuracy of AI-generated notes before including them in the official medical record, (ii) to maintain the confidentiality of their access credentials and immediately notify any unauthorized access, (iii) to ensure that they have the appropriate legal basis for recording their conversations with patients under the GDPR, (iv) to use the Solution solely as a support tool and not as a substitute for professional clinical judgment, (v) to comply with all applicable regulations on the protection of health data and professional secrecy, (vi) to keep their access devices and systems updated and protected with appropriate security measures, (vii) to report any error, inaccuracy or malfunction detected in the Solution, and (viii) not to attempt to access, modify, decompile or reverse engineer the software. Breach of these responsibilities may result in suspension or termination of access to the Solution.<\/p>\n
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliated companies, officers, directors, agents, co-brand owners, partners, suppliers and employees from any claim or demand – including, but not limited to, attorneys\u2019 fees and costs – made by any third party due to or in connection with a negligent breach of these Terms, third-party rights or statutory provisions related to the User\u2019s or its affiliated companies\u2019, officers\u2019, directors\u2019, agents\u2019, co-brand owners\u2019, partners\u2019 and employees\u2019 use of the Service to the fullest extent permitted by applicable law.<\/p>\n
The foregoing also applies to any claim brought by third parties (including, but not limited to, the Owner\u2019s customers or consumers) against the Owner relating to Digital Products supplied by the User, such as claims relating to conformity.<\/p>\n
Unless expressly stated otherwise and without prejudice to applicable law, the User may not claim damages against the Owner (or against any natural or legal person acting on its behalf).<\/p>\n
The foregoing will not apply to damages affecting life, health or physical integrity, damages resulting from breach of substantive contractual obligations, such as any obligation that is strictly necessary to achieve the purpose of the contract, and\/or damages resulting from willful misconduct or gross negligence, provided that the User has used this Application appropriately and correctly.<\/p>\n
Unless the damages were caused by willful misconduct or gross negligence, or affect life, health or physical integrity, the Owner will only be liable to the extent of damages that were typical and foreseeable at the time the contract was concluded.<\/p>\n
.<\/p>\n
To the fullest extent permitted by applicable law, in no event will the Owner or its subsidiaries, affiliated companies, officers, directors, agents, co-brand owners, partners, suppliers and employees be liable for:
\n– any indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising from the use of or inability to use the Service, or related to such use or inability to use it; and
\n– any damages, losses or injuries resulting from hacking, tampering or any other unauthorized access to or use of the Service or the User account or the information contained therein;
\n– any errors, mistakes or inaccuracies in the content;
\n– personal injury or property damage of any nature resulting from the User\u2019s access to or use of the Service;
\n– any unauthorized access to or use of the Owner\u2019s secure servers and\/or any personal information stored therein;
\n– any interruption or cessation of transmission to or from the Service;
\n– any programming errors, viruses, trojans or similar elements that may be transmitted to or through the Service;
\n– any errors or omissions in any content or for any loss or damages incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and
\n– the defamatory, offensive or illegal conduct of any User or third party.<\/p>\n
In no event will the Owner or its subsidiaries, affiliated companies, officers, directors, agents, co-brand owners, partners, suppliers or employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner under these Terms in the previous 12 months, or during the term of this Agreement between the Owner and the User, whichever of the two periods is shorter.<\/p>\n
This limitation of liability section will apply to the fullest extent permitted by law in the relevant jurisdiction, regardless of whether the alleged liability is contractual, tortious, based on negligence, strict liability or any other basis, even if the User has been advised of the possibility of such damages.<\/p>\n
Some jurisdictions do not allow the exclusion or limitation of certain incidental or consequential damages and, therefore, the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may also have other rights, which will vary due to jurisdiction. The disclaimers, exclusions and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.<\/p>\n<\/div>\n
The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliated companies, officers, directors, agents, co-brand owners, partners, suppliers and employees in connection with any demand or claim, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal expenses and costs, arising from:<\/p>\n
– the User\u2019s use of or access to the Service, including any data or content transmitted or received by the User;
\n– the User\u2019s breach of these Terms, including, but not limited to, the User\u2019s breach of any of the representations and warranties established in these Terms;
\n– the User\u2019s violation of any third-party rights, including, but not limited to, any privacy right or intellectual property rights; – the User\u2019s breach of any law, rule or regulation;
\n– any content posted from the User\u2019s account, including access by third parties using the User\u2019s unique name, password or other unique security measures, where applicable, including, but not limited to, misleading, false or inaccurate information;
\n– the User\u2019s willful misconduct; or
\n– the breach of any legal provision by the User or by its affiliated companies, officers, directors, agents, co-brand owners, partners, suppliers and employees to the fullest extent permitted by applicable law.<\/p>\n<\/div>\n
Failure to exercise any right or failure to invoke a provision under these Terms will not constitute a waiver of such right or provision. No waiver will be deemed to constitute a further or continuing waiver of such term or any other term.<\/p>\n
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance work, system updates or any other changes, informing Users appropriately.<\/p>\n
Within the limits of the law, the Owner may also decide to suspend or completely discontinue the Service. If the service is discontinued, the Owner will cooperate with Users to enable them to retrieve personal data or information and will respect Users\u2019 rights relating to continued use\/continuation of use of the product and\/or compensation, as established by applicable law.<\/p>\n
The Service may also be unavailable for reasons beyond the Owner\u2019s reasonable control, such as \u201cforce majeure\u201d (e.g., infrastructure failures or power outages, etc.).<\/p>\n<\/div>\n
Users will not reproduce, duplicate, copy, sell, resell or exploit any part of this Application and its Service without the Owner\u2019s prior, express and written authorization, granted either directly or through a legitimate resale program.<\/p>\n
For more information about the use of their personal data, Users may refer to the privacy policy of this Application.<\/p>\n
The Parties agree that the services offered by the Application concern Personal Data and, in particular, Health Data.<\/p>\n
In this regard, it is expressly stipulated between the Parties that the User retains the status of data controller or representative of the data controller and retains full control over the Personal Data it collects and processes, with the Owner acting solely as processor within the meaning of the legal provisions relating to the protection of personal data defined in the GDPR.<\/p>\n
In the context of their contractual relationship, the Parties undertake to comply with the applicable Regulations in force concerning the processing of personal data implemented in the performance of this Agreement.<\/p>\n
The provisions of the Data Protection Agreement define the conditions under which the Owner, as processor, undertakes to carry out personal data processing activities on behalf of the User, the data controller or the controller\u2019s processor, in the performance of the Agreement.<\/p>\n<\/div>\n
Without prejudice to any more specific provisions of these Terms, intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to this Application, are the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.<\/p>\n
All trademarks – whether word marks or figurative marks – and any other marks, trade names, service marks, word signs, illustrations, images or logos appearing in connection with this Application are and will remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.<\/p>\n<\/div>\n
The Owner reserves the right to change or otherwise modify these Terms at any time. In such cases, the Owner will properly inform Users of these changes.<\/p>\n
Such changes will only affect the relationship with Users from the date communicated to Users.<\/p>\n
Continued use of the Service will indicate the Users\u2019 acceptance of the amended Terms. If Users do not wish to be bound by these changes, they must stop using the Service and may terminate the Agreement.<\/p>\n
The previous applicable version will govern the relationship before the User\u2019s acceptance. Users may obtain any previous version from the Owner.<\/p>\n
If required by law, the Owner will notify Users in advance of the date on which the amended Terms will become effective.<\/p>\n
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract any of the rights or obligations established under these Terms, taking into account the legitimate interests of Users.<\/p>\n
The provisions relating to changes to these Terms will apply mutatis mutandis.<\/p>\n
Users may not assign or transfer their rights or obligations under these Terms in any way, except with the Owner\u2019s written permission.<\/p>\n
All communications relating to the use of this Application must be sent using the contact details stated in this document.<\/p>\n
If any provision of these Terms is declared wholly or partially null, invalid or unenforceable by any competent court or authority, such nullity, invalidity or unenforceability will not affect the remaining provisions, which will remain fully valid and effective.<\/p>\n
If any provision of these Terms is null, invalid or unenforceable, the parties will act with the utmost diligence to amicably agree on valid and enforceable provisions to replace the null, invalid or unenforceable parts.<\/p>\n
If no such agreement can be reached, the null, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, if the applicable regulations permit or provide for this.<\/p>\n
Without prejudice to the foregoing, the nullity, invalidity or inability to enforce a specific provision of these Terms will not annul the Agreement as a whole, unless the severed provisions are essential to the Agreement, or are of such importance that the parties would not have entered into the contract if they had known that those provisions would not be valid, or in cases where the remaining provisions would give rise to unacceptable difficulties for either of the parties.<\/p>\n<\/div>\n
These Terms are governed by the laws of Spain, as stated in the corresponding section of this document, without regard to conflict-of-law principles.<\/p>\n
However, without prejudice to the foregoing, if the law of the country in which the User is located establishes higher applicable consumer protection standards, such higher standards will prevail.<\/p>\n
If the User may be considered a Consumer located in Switzerland, Swiss law will apply.<\/p>\n
If the User qualifies as a Brazilian Consumer and the product and\/or service is marketed in Brazil, Brazilian law will apply.<\/p>\n
Exclusive jurisdiction to resolve any dispute resulting from or related to these Terms lies with the courts of Madrid.<\/p>\n
Users may raise any dispute with the Owner, who will attempt to resolve it amicably.<\/p>\n
Although Users\u2019 right to take legal action will not be affected at any time, in the event of a dispute relating to the use of this Application or the Service, Users are asked to contact the Owner using the contact details indicated in this document.<\/p>\n
The User may submit their complaint including a brief description and, if relevant, the order, purchase or account details to which it refers, sending them to the Owner\u2019s email address specified in this document.<\/p>\n
The Owner will process the complaint without undue delay and within 5 days of receipt.<\/p>\n
The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court method for resolving disputes related to online sales and service contracts, or arising from them.<\/p>\n