WILD NETWORKS, SL (hereinafter THE OWNER) with address for notification purposes at C / Amor de Diós 11 3º D with CIF B-86645702 registered in the Madrid Mercantile Registry Volume 30685 Folio 10 Diary 12 Seat 389 Registration 1 Sheet M- 552147 makes available in its Xtudr application certain informative content about its activities. These general conditions govern solely and exclusively the use of the Xtudr application by the USERS who access it. These general conditions are exposed to the USER in the application and in each and every one of the pages, so that they can read, print, archive and accept them through the internet and be fully informed.
Access to the OWNER's app implies unreserved acceptance of these general conditions of use that the USER claims to fully understand. The USER undertakes not to use the application and the services offered in it to carry out activities contrary to the law and to respect these general conditions at all times.
We recommend that you keep a copy of this agreement for your records. You may receive a copy of this agreement by writing by email to the address: firstname.lastname@example.org , Subject: Terms of Service Agreement.
TERMS AND CONDITIONS
Every time you access and log in to Xtudr you are accepting the terms and conditions of use listed here.
FIRST.- CONDITIONS OF ACCESS AND USE
1.1.- The use of the application by underage users is totally prohibited. Persons under the age of 18, or under the age of 21 in places where the age of eighteen does not constitute the age of majority, may not view, have, or otherwise use Xtudr services, either directly or hint.
1.1.1.- Through this document, you affirm that you are of legal age by virtue of current legislation.
1.2.- The use of the application of THE OWNER, entails the obligation of registration of the USER. The conditions of access and use of this application are strictly governed by current legislation and by the principle of good faith, the USER committing to make good use of the application. All acts that violate the legality, rights or interests of third parties are prohibited: right to privacy, data protection, intellectual property, etc. The OWNER expressly prohibits the following:
1.2.1.- Carry out actions that may produce in the application or through it by any means any type of damage to THE OWNER's systems or to third parties.
1.2.2.- Carry out without due authorization any type of advertising or commercial information directly or covertly, sending mass emails ("spamming") or sending large messages in order to block network servers ("mail bombing ").
1.3.- THE OWNER may, at any time, interrupt access to the application if it detects a use contrary to law, good faith or these general conditions - see clause five.
2.1.- THE OWNER using internal and external sources in such a way that THE OWNER is only responsible for the content prepared internally.
2.2.- THE OWNER reserves the right to modify the content in its application at any time. THE OWNER does not guarantee or take responsibility for the correct functioning of the links to third party websites that appear in Xtudr.
In addition, through the OWNER's application, free and paid services offered by third parties are made available to the user and that will be governed by the particular conditions of each of them. THE OWNER does not guarantee the veracity, accuracy or timeliness of the content and services offered by third parties and is expressly exempt from all liability for damages that may arise from the lack of accuracy of these content and services.
3.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions so that it is not guaranteed that the application services are constantly operational.
3.1.2.- Of the production of any type of damage that the USERS or third parties may cause in the application.
3.1.3.- On the reliability and veracity of the information entered by third parties in the application, either directly or through links. Likewise, WILD NETWORKS, SL will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity.
3.2.- THE OWNER reserves the right to suspend access without prior notice in a discretionary manner and with a definitive or temporary nature until the assurance of effective responsibility for any damages that may occur. Likewise, THE OWNER will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity.
FOURTH.- COPYRIGHT AND TRADEMARK RIGHTS
Xtudr.com is a registered trademark. The use by others of the WILD NETWORKS, SL brand, which includes both the name and the logo, is prohibited, except with the express consent of the owner. All rights reserved.
In addition, the application of WILD NETWORKS, SL, its own contents, programming and design are fully protected by copyright, with any reproduction, communication, distribution and transformation of the aforementioned protected elements being expressly prohibited except with the express consent of WILD NETWORKS , SL
FIFTH.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. The Courts of Madrid are competent to resolve any controversy or conflict arising from these general conditions, the USER expressly waiving any other jurisdiction that may correspond.
SIXTH.- WARNING: RESPONSIBILITY FOR LOCATION DATA
Xtudr services are intended for individual use as personal location-based services and should not be used or expected to serve as an emergency location system, or while driving a vehicle. They must also not be used in hazardous environments or environments where failure could result in death, personal injury, or serious physical and material damage. Xtudr is not suitable or intended for the purposes of locating friends or family, or for any other personal or commercial use.
In the event that any clause in this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. THE OWNER may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly acknowledged by THE OWNER.
EIGHTH.- PREMIUM SERVICES - PURCHASES
Certain Services, such as Xtudr Pro, may only be available through the creation of a User Account and the payment of a fee (“Premium Services”). Through these accounts, you will have access to premium services for a fixed term, which will be automatically renewed. The term, renewal period and total cost of each premium service offering will be provided within the framework of Xtudr services or where premium services are offered.
Premium services are automatically renewed. Premium services are automatically renewed continuously at the end of your subscription period, and the current renewal price (plus applicable taxes) will be automatically charged to your payment method, without any further action on your part. You acknowledge and agree that premium services are automatically renewed unless you cancel them or we suspend or terminate compliance with this agreement.
You can cancel the premium services at any time, subject to the terms of this agreement. To make the cancellation, you must follow the instructions indicated in the Xtudr services. There are no cancellation fees. Instructions for canceling premium services can be obtained by email upon request at email@example.com
Trial versions of Premium Services. Access to Xtudr's Premium Services may be available, from time to time, as a free trial version and available for a limited time (the “Trial Version” or the “Premium Services Trials”). Please note that this agreement also applies to any trial version. If you sign up for a trial version, you may be asked for your credit or debit card information. In such a case, a certain amount will be charged to your credit or debit card only if you do not cancel the trial version before the trial period ends. If we request your credit or debit card information and you do not affirmatively cancel before the end of the trial period, the trial version can be converted to a paid subscription, so that the subscription fee can be charged to your credit or debit card from the moment the first trial version started. Trial versions of premium services are not available to users who have already used these types of services or to those who have previously received a free trial version and canceled it before paying for premium services.
Purchases. We reserve the right to correct errors (either by modifying the information on the Xtudr Services or informing you that an error exists and providing you with the opportunity to cancel your order) or to update the information at any time without prior notice. We may grant or deny individual order cancellation requests in our sole discretion. All the sells are definitives.
Promotion codes. From time to time and at its sole discretion, Xtudr may offer certain promo codes to provide discounts. Promo codes are non-transferable and cannot be redeemed for cash or credit, and do not apply to previous purchases. There is no cash alternative. Additionally, promo codes cannot be used in conjunction with any other promotional offers or discounts, and must be redeemed prior to the published date, if provided. Promo codes that have been lost cannot be replaced. There is a limit of one promo code per customer.
Promotion codes will not be valid in cases where they are prohibited. Xtudr may end or modify any promotional program at any time, at our sole discretion.
Payments are non-refundable, unless expressly provided otherwise in this Agreement. Each and every payment made to Xtudr is final and no charge is refundable. Cancellations are effective in the next billing period in which payment is due, unless expressly stated otherwise in this Agreement.
Taxes. Unless otherwise specified at the time of purchase, no payment made to Xtudr includes any taxes, levies, or duties imposed by the tax authorities, and you are responsible for paying such taxes, levies, or duties.
Microtransactions. From time to time, you may purchase a limited, personal, non-transferable, sublicensable, or revocable third party license of certain additional features for exclusive use on the Xtudr Services (collectively, “Microtransactions”). Xtudr reserves the right to charge, at its sole discretion, the right to access or use additional functions, or it may distribute additional functions with or without charge. Xtudr can manage, regulate, control, modify or eliminate Microtransactions or additional functions at any time. Any additional feature balance that appears in Your user account does not constitute an actual balance or reflect any stored value, but rather is a measure of the scope of Your license. Additional features do not incur charges when not in use; however, the license granted to You from Microtransactions will terminate under the terms of this Agreement when We cease to provide the Xtudr Services or your User Account is closed or terminated in some other way. Xtudr will not assume any responsibility to you or any third party in the event that Xtudr makes use of such rights. Access to the use of additional functions in the Xtudr Services is a service that starts immediately after accepting these Microtransactions. Xtudr will not assume any responsibility to you or any third party in the event that Xtudr makes use of such rights. Access to the use of additional functions in the Xtudr Services is a service that starts immediately after accepting these Microtransactions. Xtudr will not assume any responsibility to you or any third party in the event that Xtudr makes use of such rights. Access to the use of additional functions in the Xtudr Services is a service that starts immediately after accepting these Microtransactions.
All microtransactions made through Xtudr services are final and non-refundable. You acknowledge that Xtudr is not obligated to provide a refund for any reason, and that you will not receive money or other compensation for additional unused features when an account is closed, whether it is a voluntary or involuntary closure.
NINTH.- CODE OF CONDUCT
Xtudr may delete what you send us and block or delete your account. Xtudr may request that you remove, or Xtudr itself may remove, any User Content (as defined below), at any time and for any reason or even no reason at all. Any violation of such Guidelines or this Agreement due to your User Content, as determined by Xtudr, may cause us to ban your User Account and result in the termination of your access to the Xtudr Services.
You understand, and hereby acknowledge and agree to the following terms regarding prohibited conduct and uses listed below:
You may not use the Xtudr Services or any other information displayed on the Xtudr Services to "harass", harass, abuse, defame, threaten or defraud other users; violate the privacy or other rights of users, or collect, attempt to collect, store or disclose without permission the location or personal information of other users.
You will not include offensive or pornographic material or materials that are harmful on your personal profile page of the Xtudr Services.
You will not use the Xtudr Services for any commercial or non-private use, such as the sale or advertising of products or services, and you understand that the Xtudr Services are intended only for personal, non-commercial use, in the manner and for the purposes that we propose.
You will not use the Xtudr Services to commit or promote any illegal purpose, or any action that violates any local, state, national or international legislation, which includes the laws that govern criminal acts, prohibited or controlled substances, property rights and intellectual property, data protection and privacy, and import or export controls.
You will not include on your personal profile page any material that contains video, audio, photos or images of anyone under the age of eighteen (18). In addition, you will not include such material on your personal profile page if it relates to a person over eighteen (18) years of age who has not given your explicit permission.
You will not make unsolicited offers, advertisements or proposals or send spam to other Users of the Xtudr Services. This includes advertising, promotional or other solicitation material, mass commercial advertising emails, chain emails, informational announcements, requests for charitable contributions and requests to gather signatures or conduct surveys, or requests to participate in surveys or studies that do not have been requested.
It will not impersonate any natural or legal person or falsely claim to have any kind of relationship with any natural or legal person, nor will it access the User Accounts of other Xtudr Users.
You will not misrepresent the source, identity or content of the information that is transmitted through the Xtudr services.
It will not display the Xtudr application or Xtudr profile data on any external monitor or screen or in any public place.
It will not remove, evade, disable, damage or otherwise interfere with the security-related functions of the Xtudr services, the functions that prevent or restrict the use or copy of any content accessible through the Xtudr services, or the functions that impose limitations on the use of Xtudr services.
You will not intentionally cause damage or interference with the operation of the Xtudr services or the enjoyment of the Xtudr services by any user, in any way, including uploading or otherwise spreading viruses, worms or other malicious code.
You will not publish, store, send, transmit or disseminate any type of information or material that a reasonable person could consider questionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, embarrassing, vulgar, hateful, offensive from the racial, ethnic or other point of view for any group or individual, intentionally misleading, false or, in any other way, inappropriate, regardless of whether such material or its dissemination is illegal.
It will not publish, store, send, transmit or disseminate any type of information or material that infringes any patent, trademark, trade secret, copyright or any other right of any person.
You will not use the Xtudr services with any product, system or application installed or that is connected or in any other way in communication with vehicles, or that in any other way has functions of vehicle navigation, positioning, shipping, route guidance in time. real, fleet management or similar applications.
You may not use the Xtudr services in connection with hazardous environments that require failsafe performance or for any other application where a failure or inaccuracy of that application or Xtudr services could directly result in death. , personal injury or physical or material damage.
You will not attempt to gain unauthorized access to the Xtudr services or any part of them, nor will you attempt to gain unauthorized access to other accounts, other computer systems or networks connected to the Xtudr services or any part of these through hacking techniques. , illegally obtaining passwords or any other means, and it will not interfere or attempt to interfere with the proper functioning of the Xtudr services or any activity carried out in the Xtudr service.
You will not perform any of these actions: investigate, scan or test the vulnerability of the Services or any Xtudr system or network; use a robot, spider, scraper or other automated means to access the Xtudr Services for any purpose, unless you have Our explicit written permission; evade Our robot exclusion headers or other measures that We may use to prevent or restrict access to the Xtudr Services; modify the Xtudr Services in any way or form; use or develop any application that interacts with the Xtudr Services or provide access to content or information of other Users without Our written authorization, or use modified versions of the Xtudr Services,
You will not interfere with anyone's ability to use or enjoy Xtudr services, and you will not encourage any activities prohibited by this agreement or assist your commission.
You will have full legal responsibility for all content you post on Xtudr.
TENTH.- CANCELLATION OR DENIAL OF YOUR SERVICE
You can cancel your account at any time for any reason, following the instructions of the Xtudr services. Once you cancel your account, this agreement will terminate immediately.
If you have a recurring billing user account for a premium service, you can cancel your user account at any time. However, you will still have the same access for any billing period or periods for which you have paid.
Xtudr may suspend or cancel any user account that you have on the Xtudr Services or your access or use of the Xtudr Services or any part thereof, if Xtudr considers that the content of your profile or your conduct on the Xtudr Services violates our Terms of Service or has breached this Agreement, or for any other reason, at your sole discretion. Xtudr may also delete and dispose of all or any part of your user account, or any user content (as defined below), at any time. You agree that any termination of your access to the Xtudr Services or any User Account that you may have or part of it may be done without prior notice, and you agree that Xtudr will not be liable to you or any third party for such termination and that refunds will only be made when expressly provided in this Agreement. For example, we may disable your user account due to an extended period of inactivity. Without prejudice to our other rights, we reserve the right to remove all your user content from the Xtudr services upon any termination or cancellation of your user account. Any alleged fraudulent, abusive or illegal activity that may be grounds for terminating your use of Xtudr services may be referred to the corresponding public order authorities. These resources are added to any other resource that could correspond to Xtudr in law or equity.
If you have paid for a premium service, Xtudr will notify you at least 30 days in advance of the termination of your access to the Xtudr Services or any User Account, unless the content of your profile or your conduct within the Xtudr services violate our Terms of Service or have otherwise breached this agreement, in which case Xtudr may suspend or terminate your access to the Xtudr Services or any User Account immediately.
If you have paid for a premium service and Xtudr cancels your access to the Xtudr Services or any User Account, Xtudr will reimburse you proportionally the amounts paid in advance but not used for such premium services; provided that if Xtudr cancels your access to the Xtudr Services or any User Account because you have violated our Terms of Service, Xtudr will be entitled to withhold the amounts you have paid for the Xtudr Services. But where required by law (as in the UK), Xtudr will only retain an amount to cover all costs and other losses it incurs as a result of the breach or non-compliance, which may mean that no refund is paid. .
You acknowledge and agree that Google, Apple, or another third-party platform provider (as applicable, depending on the device and operating system you use) may be the merchant of record for transactions related to the Xtudr Services. As such, you may have to request any refund to which you are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as applicable).
If You believe that Xtudr has suspended or terminated your User Account in error, You may contact Us at the email address firstname.lastname@example.org at any time.
ELEVENTH.- USER CONTENT
The Xtudr Services allow you and other users to send content and materials (such as images, ideas, notes, concepts or creative suggestions) to Xtudr and other users ("User Content"), as well as to host, share or publish such User Content with Xtudr and other users.
You are solely responsible for your own user content and the consequences of posting it. In relation to User Content, you declare and guarantee that: (i) you are the owner of the necessary rights, consents and permits for use, or have the licenses, and authorize Xtudr to use all intellectual property and any other rights proprietary over all User Content to allow User Content to be included and used in the manner provided for by the Xtudr Services and this Agreement, and (ii) you have consent, the written release or permission of each of the individually identifiable persons in the User Content to use the name or image of each of those persons and to allow the User Content to be included and used in the manner as contemplated by the Xtudr Services and this Agreement. For the sake of clarity, you will fully retain your ownership rights to your User Content.
You understand that by using the Xtudr Services, you will be exposed to User Content from a variety of sources, and that Xtudr will not be responsible for the accuracy, usefulness, security or intellectual property rights of that User Content. or related to it. Additionally, you understand and acknowledge that you may be exposed to user content that is inaccurate, offensive, indecent, or questionable.
Xtudr assumes no responsibility in relation to user content or arising from such content. Furthermore, Xtudr assumes no responsibility to actively monitor user content for inappropriate content. If, at any time, Xtudr chooses, in its sole discretion, to monitor user content, Xtudr still assumes no responsibility for what is included in user content. Xtudr will also have no obligation to modify or remove any user content that is inappropriate and will not assume any responsibility for the conduct of the user who submitted such content. Additionally, Xtudr does not endorse and has no control over what is included in user content submitted by other users. Xtudr does not provide any warranty, either explicit or implicit, as to what the user content includes or in relation to the accuracy and reliability of any user content. However, Xtudr reserves the right to prevent you from submitting user content and to modify, limit or remove user content for any reason and at any time.
User Content is owned by the user who submitted it, subject to Xtudr's license to such User Content under this Agreement. You may not share, display, or replicate any other party's user content, except as provided in this agreement.
If you provide Xtudr with any comments or suggestions regarding the Xtudr Services (“Comments”), you hereby assign to Xtudr universal, irrevocable and perpetual rights (with the right to sublicense) to use such Comments and related information from Any way you see fit. Xtudr will treat any comment that you give us in a non-confidential way and without considering that it belongs to you. Additionally, Xtudr will have no obligation, under any circumstances, to reward you for any feedback you provide. You agree that you will not send Xtudr any information or ideas that you consider confidential or proprietary, or for which you would expect to be rewarded.
TWELFTH.- ADDITIONAL TERMS AND CONDITIONS OF THE APPLE APPLICATION STORE.
The following additional terms and conditions apply to you if you use the Xtudr software in the Apple app store. To the extent that the other terms and conditions of this agreement are less restrictive than the terms and conditions of this section, or in the event that the other terms and conditions of this agreement contradict those set forth in this section, the terms and conditions will apply. More restrictive and contradictory terms of the section, but only in relation to the Xtudr software from the Apple app store:
Recognition. Xtudr and you acknowledge that this agreement is between you and Xtudr only, not with Apple, and that Xtudr, not Apple, is solely responsible for the Xtudr software and its content. To the extent that this agreement defines rules for the use of Xtudr software that are less restrictive than those established for Xtudr software in the Terms of Service of the Apple application store, or in case the former contradict in any The latter way, Apple's terms that are more restrictive or contradictory will apply.
Scope of the license. The license granted to you in connection with the Xtudr Software constitutes only a non-transferable license to use the Xtudr software on an iOS product that you own or control, in accordance with the rules of use. set forth in the Apple App Store Terms of Service.
Maintenance and support. Xtudr is solely responsible for providing any maintenance and support services in connection with the Xtudr software, as specified in this agreement (if applicable), or as required by applicable law. Xtudr and you acknowledge that Apple has no obligation to provide maintenance and support services in connection with the Xtudr software.
Warranty. Xtudr is solely responsible for any product warranties, whether express or implied by law, to the extent that it has not been effectively denied. In the event that the Xtudr software fails to comply with any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Xtudr software. In addition, to the extent permitted by law, Apple will have no other warranty obligations with respect to the Xtudr software, and any other claims, as well as any loss, liability, damage, cost or expense attributable to any failure to Complying with any warranty will be the sole responsibility of Xtudr.
Complaints related to the product. Xtudr and you acknowledge that Xtudr, not Apple, is responsible for handling any claims made by you or a third party related to the Xtudr software or your possession or use of the Xtudr software, including: (i) liability claims of the product; (ii) any claim that Xtudr Software does not comply with any applicable legal or regulatory requirement; and (iii) claims that arise under consumer protection or similar legislation. This agreement does not limit Xtudr's liability to you beyond what is permitted under applicable law.
Intellectual Property Rights. Xtudr and you acknowledge that, in the event of any third party claim that Xtudr software or the way you use or have it infringes the rights of said third party in terms of intellectual property, Xtudr, not Apple, will be solely responsible. to investigate, defend, resolve and suspend said infringement, if any, of intellectual property rights in relation to that claim.
Legal compliance. You represent and warrant that (i) you are not in a country that is subject to an embargo by the United States government or that has been designated by the United States government as a country that “supports terrorists” and (ii) you are not on any United States government list of prohibited or restricted persons.
Address and name of the developer. Xtudr's contact information for any questions, complaints, or claims an end user may have in relation to Xtudr's software is listed at the beginning of this agreement.
Third Party Terms of the Agreement. You must comply with the applicable third party agreement terms when using the Xtudr software.
Third beneficiary. Xtudr and you acknowledge and agree that Apple and Apple subsidiaries are third party beneficiaries of this Agreement and that by accepting the terms and conditions of this Agreement, Apple will be entitled (and deemed to have accepted the right) to enforce this Agreement. Agreement against you as a third party beneficiary of said document.