Legal
LICENSE AGREEMENT FOR THE USE OF GOLFYAPP
INTRODUCTION
Thank you for choosing GOLFYAPP. GOLFY APP, S.L. offers, through its software application, the recording of golf video for an expert evaluation of your golf practice. By using any of these GOLFYAPP services, including all its features and associated functionalities, the user is entering into a license agreement for the use of the GOLFYAPP application with GOLFY APP, S.L. (hereinafter, the LICENSOR), located at Calle Peña Santa, 18, in Madrid (28034 - Madrid), and bearing tax identification number B-44.828.671. The user's license agreement with the LICENSOR includes the terms and clauses described below. These terms and conditions will also apply to future updates of the software application. The user confirms having read and agrees to comply with the established terms and conditions. If the user does not agree with the terms and conditions set forth in this license agreement, or cannot comply with them, it is requested that the user refrain from using GOLFYAPP services or any functionality of the application. To use GOLFYAPP, the user must meet the following conditions: 1) Fulfill the necessary requirements to enter into this binding license agreement, 2) Comply with the provisions set forth below,
CLAUSES
FIRST. - DEFINITIONS For the exclusive purposes of this contract, the following shall be understood as:
1.1. COMPUTER PROGRAM / SOFTWARE APPLICATION / COMPUTER PLATFORM / SOFTWARE: "Software application" / "computer platform" / "computer program": Any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or task or to obtain a specific result, regardless of its form of expression and fixation, as well as what is established in Article 96 of Royal Legislative Decree 1/1996, of April 12, approving the revised text of the Intellectual Property Law, regularizing, clarifying, and harmonizing the current legal provisions on the matter. Specifically, GOLFYAPP allows the recording of video for an expert evaluation of your golf practice, and its use license constitutes the object of this contract.
1.2. LICENSOR: GOLFY APP, S.L., holder of all existing intellectual property rights over the application and industrial property rights over the distinctive signs that identify it in the market.
1.3. LICENSEE: natural or legal person benefiting from the license to use and/or authorized to use the application, who assumes the obligations of this contract.
1.4. PARTIES: LICENSOR and LICENSEE.
1.5. APPLICATION HOLDER: the company GOLFY APP, S.L.
1.6. THIRD PARTY: natural or legal person who is not part of this contractual relationship.
1.7. PROGRAM: sequence of instructions intended for interpretation and execution within a computer system, necessary for the proper functioning of the software application, whose use license constitutes the object of this contract.
1.8. HARDWARE: electronic devices necessary for the proper functioning of the application and complementary to it, which must be acquired by the LICENSEE.
1.9. HOSTING/CLOUD COMPANY: company that provides logical space on a server to the LICENSOR.
1.10. BUSINESS HOURS: Business hours shall be understood as those included within the following schedule:
1.10.1. Digital platform incidents: Monday to Thursday, from 9:00 to 18:00, and Friday from 9:00 to 14:00.
SECOND. - OBJECT OF THE CONTRACT
2.1. The purpose of this contract is to regulate the license of the non-exclusive, revocable, and non-sublicensable right of use existing over the SOFTWARE APPLICATION, granted by the LICENSOR solely for the benefit of the LICENSEE; all subject to the limits, terms, and conditions established in this contract. Any other right other than the authorized right of use mentioned above shall be deemed excluded. This document constitutes a complete contract between the LICENSEE and the LICENSOR regarding the use of the software and replaces any prior existing agreement between the parties.
2.2. The SOFTWARE APPLICATION shall be used through a cloud system or by installing the application on the LICENSEE's own devices. It is the responsibility of the LICENSEE to comply with the technical conditions of its computer systems that allow access to the internet network, as well as to comply with the technical conditions required by the licensed system in this contract.
2.3. The LICENSEE agrees to use the SOFTWARE APPLICATION in accordance with the law, this contract, as well as with morals and good customs generally accepted and public order, not giving totally or in part, to the obtained information, any use other than that provided for in the technical specifications of the SOFTWARE APPLICATION.
THIRD - CONDITIONS OF USE OF THE SOFTWARE APPLICATION
3.1. The LICENSOR provides the LICENSEE with a registration mechanism in the SOFTWARE APPLICATION consisting of entering an identification name (username) and password. The LICENSEE is informed that the password must be secret, personal, and non-transferable.
3.2. While this contract is in force, the LICENSOR may modify the identification numbers and passwords of the LICENSEE when fraudulent use thereof is detected, when circumstances advise for effective and proper use of the SOFTWARE APPLICATION, or for any other reason deemed appropriate, immediately communicating such changes to the LICENSEE.
3.3. The LICENSOR informs that the SOFTWARE APPLICATION has not been created or developed to meet its specific specifications or under its instructions, but has been created by the LICENSOR on a generic basis and for a generality of users. In the event of the development of a new functionality or any other similar circumstance, at the request or not of the LICENSEE, this will be incorporated into GOLFYAPP for the general benefit of clients that the LICENSOR may have, without the LICENSEE being able to claim any monetary amount for this concept.
3.4. The LICENSEE agrees to use the SOFTWARE APPLICATION:
3.4.1. Without engaging in illegal, unlawful, or contrary actions to what is established in this contract.
3.4.2. Without causing any harm, disabling, overloading, or deteriorating the SOFTWARE APPLICATION in any way, or preventing its normal use or enjoyment.
3.4.3. Without violating morality, good customs, or the interests of the LICENSOR or third parties.
3.4.4. With full respect and compliance with the TERMS OF USE established in this document.
3.5. Access and use of the SOFTWARE APPLICATION are also subject to all notices, usage regulations, and instructions that the LICENSOR makes known to the LICENSEE and which shall complement what is provided in this contract.
3.6. The LICENSEE also agrees not to make any attempt to violate access levels, improperly manipulate data, duplicate and export data or information protected by intellectual property or other legal rights, attempt to access restricted areas of the LICENSOR's or third parties' computer systems, introduce programs, viruses, or any other device that may cause modifications to the LICENSOR's or third parties' computer system.
3.7. The LICENSEE may not assign or transfer to third parties in any form the rights licensed under this contract, nor allow the use of its username and passwords by third parties, or in any other way, ultimately prohibiting the use of the SOFTWARE APPLICATION for any purpose other than the exclusive satisfaction of its own usage needs, or any use not described in the SOFTWARE APPLICATION itself; including, but not limited to, renting, lending, selling, sublicensing, or in any other way obtaining economic benefit from the SOFTWARE APPLICATION or performing any act that implies harm to the property of the LICENSOR.
3.8. The LICENSEE shall provide the necessary means to ensure that passwords and access keys to the application remain under its control and are not disclosed, copied, or reproduced by unauthorized third parties, and shall safeguard them through physical and logical means.
3.9. All rights not expressly included in this contract as part of the usage license in favor of the LICENSEE are reserved by the LICENSOR.
3.10. The LICENSEE undertakes to defend, indemnify, and in any case, keep the LICENSOR indemnified against actions and claims of any kind, as well as any expenses and costs arising from the violation by the LICENSEE of these terms of use.
In this regard, if a third party raises a claim against the LICENSOR for violation of these terms of use, the LICENSEE, at its own expense, will defend the LICENSOR against the claim made by the third party and indemnify the LICENSOR for damages, liabilities, costs, attorney's fees and court costs determined by the Court in favor of the third party, or the Party alleging the infringement or by the resolution agreed by the LICENSEE.
3.11. The use of the SOFTWARE APPLICATION does not imply acceptance, approval, and/or acknowledgment by the LICENSOR of the improper use made of the software application, since the LICENSOR only provides the LICENSEE with the license to make proper use thereof, in accordance with this contract. The LICENSEE is solely responsible for the proper use of the SOFTWARE APPLICATION.
3.12. The user accepts that the service of the SOFTWARE APPLICATION is provided "as is" and "as available".
FOURTH - CONDITIONS OF USE BY THIRD PARTIES
4.1. The LICENSEE undertakes not to provide access or any information related to the SOFTWARE APPLICATION to a THIRD PARTY, except with the express authorization of the LICENSOR and prior identification of the natural or legal person and the reasons for which access will be granted.
4.2. The third party authorized in accordance with the previous section shall fully comply with the conditions and obligations stipulated in this contract.
FIFTH - DURATION OF THE CONTRACT
This license of use, or its subsequent modifications, shall remain in effect until terminated by the LICENSEE or the LICENSOR, or until the period of time for which the license of use was contracted has elapsed, as established in the general contracting conditions. The LICENSOR may terminate this license agreement at any time or suspend access to the service of the COMPUTER PLATFORM, including in the event of unauthorized use by you, whether actual or alleged, or if the services offered through it are withdrawn, in which case reasonable advance notice will be provided before proceeding. For information on how to cancel your account on the COMPUTER PLATFORM, please contact the LICENSOR using the contact details provided in clause ELEVENTH.
SIXTH – RESPONSIBILITY
6.1. The LICENSOR shall not be liable for interruptions of the SOFTWARE APPLICATION caused by force majeure, server crashes not attributable to it, or circumstances beyond its control.
6.2. The LICENSOR may carry out maintenance tasks, introduce improvements or security measures, update or restructure computer resources, or install new features or functionalities in GOLFYAPP. In any case, efforts will be made to minimize inconvenience to the LICENSEE.
6.3. The LICENSEE shall be responsible for the costs necessary to ensure the compatibility of the SOFTWARE APPLICATION with its own computer system and the interconnection of both, both at the hardware and software level, as well as peripherals.
6.4. The LICENSOR shall not be liable for any damages or harm arising from the loss or disclosure of information that may occur due to the misuse of the application by the LICENSEE or failure to comply with the security and custody measures of the username and password access as required in this contract.
6.5. However, the LICENSEE expressly agrees to use GOLFYAPP diligently and correctly, respecting the rules of conduct and proper use as listed below:
The LICENSEE agrees not to use GOLFYAPP to carry out activities contrary to the law, good customs, established moral order, or for unlawful, prohibited, or potentially damaging purposes to the rights and interests of third parties.
The LICENSEE agrees not to harass or bother other users or third parties, not to collect or store information from other users or third parties without complying with current legislation on data protection.
It is strictly prohibited to include messages or comments containing personal data or any information revealing the identity of natural or legal persons, especially minors.
The LICENSEE agrees not to insert, reproduce, disseminate, or make available to other users, texts, graphics, images, databases, data, documents, computer programs, logos, trademarks, or distinctive signs of which they are not the owner or do not have the necessary rights to reproduce, communicate, or make them available to the public.
The LICENSEE shall refrain from using the content to harm, disable, overload, or deteriorate GOLFYAPP, or prevent its normal use by users.
The dissemination, storage, and management of contents that may infringe the rights of third parties or any of the regulations governing rights of a civil, criminal, administrative, or any other nature is prohibited.
In particular, the LICENSOR does not allow:
Content aimed at harassing third parties or participating in harassment of third parties, inciting hatred, discrimination, racism, fanaticism, and physical violence by individuals or groups of individuals;
Facilitating or posting scenes of pornography, pedophilia, or any other offensive topic or containing a link to an adult-only website;
Representing or advocating illegal activities or defamatory, abusive, obscene, threatening, or libelous behavior, as well as false or misleading information;
Provoke or facilitate the transmission of emails, chain emails, unsolicited bulk emails, instant messages, unwanted advertising messages (SPAM), or unsolicited emails;
Encouraging any criminal activity or providing indications or instructions on how to promote illegal activities, invade privacy, spread and create computer viruses;
Soliciting passwords or personal information from other users for purposes contrary to current legislation or this contract;
Engaging in commercial activities and/or sales such as contests, sweepstakes, exchanges, and advertisements without the written consent of the LICENSOR;
Similarly, the LICENSEE shall refrain from posting internet links on the website referring to pages hosting and/or reproducing content contrary to the provisions of this document.
The LICENSOR reserves the right to terminate this license of use or not to approve or delete, at any time, any comment, opinion, or content if it constitutes a violation of current legislation or breaches these terms of use or the rights of third parties.
SEVENTH - INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1. The LICENSOR is the owner of the intellectual and industrial property of the SOFTWARE APPLICATION being marketed, or has the authorizations and licenses for the products, technology, documentation, and materials used in the provision of the services subject to this contract. The LICENSOR holds the exploitation rights of the SOFTWARE APPLICATION to the fullest extent possible and worldwide, as well as the industrial property rights over the distinctive signs identifying it in the market.
Likewise, the LICENSOR holds the intellectual property rights over the integration developments made on the platform, or has obtained exploitation rights from third parties respecting the current legislation specialized in the matter, in order to comply with what is established in this document.
7.2. The intellectual property rights protect both the SOFTWARE APPLICATION owned by the LICENSOR and all the data, programming, usabilities, improvements, integrations, new functionalities or utilities added, lists, diagrams, and schemes developed in the analysis phase, the instruction manual or other support materials, identification symbols, or any partial or total copies made by the LICENSOR itself or by any other person, copyright, patents, trademarks, trade secrets, and any other rights that may arise from this license of use.
7.3. The LICENSEE shall refrain from copying, with or without profit, the SOFTWARE APPLICATION.
It is absolutely prohibited, including but not limited to, reverse engineering, decompiling, disassembling, reproducing, copying, redistributing, ripping, recording, modifying, or creating derivative works, transferring, communicating, translating, modifying, versioning, commercializing, duplicating, transforming, or transmitting to third parties, in whole or in part, the SOFTWARE APPLICATION, including new usabilities, improvements, integrations, updates, new functionalities, or utilities added, as well as removing, manipulating, or altering in any way any physical or logical notice or label including the LICENSOR's ownership rights over the application.
Likewise, it is prohibited to neutralize any technology used by the LICENSOR or its licensors. Similarly, crawling GOLFYAPP's service or using any means to view, access, or collect information from GOLFYAPP or its users through automated or non-automated methods, including bots, scrapers, and spiders, is prohibited.
7.4. The LICENSEE is expressly prohibited from reproducing, transmitting the software program for purposes other than those provided for in this contract, modifying, adapting, maintaining, error correcting, assigning, selling, renting, lending, transferring partial or total use rights or any other analogous method of transmission, disclosure, publication, etc., of the licensed SOFTWARE PROGRAM, with the logical exception of use by the direct employees of the LICENSEE. 7.5. This license of use does not constitute the sale of the SOFTWARE PROGRAM or any of the rights that the LICENSOR holds over it, so the LICENSEE may not resell or transfer it to third parties, nor may it lease, rent, or lend the product provided.
7.6. In all matters not expressly regulated in this contract, the parties shall be governed by the legislation on intellectual property.
EIGHTH - TERMINATION OF THE LICENSE AGREEMENT
8.1. This contract may be terminated by either party immediately in the event of a material breach of the obligations arising from this contract.
8.2. This contract may be terminated for the reasons provided for in Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law, regulating, clarifying, and harmonizing the current legal provisions on the matter.
8.3. This contract may be terminated by the dissolution or cessation of activity of the LICENSOR.
8.4. This contract may be terminated by mutual agreement between the Parties.
8.5. This contract shall be terminated upon the expiration of the term established herein or in its renewals.
8.6. This contract may be terminated for the established legal causes.
NINTH - EFFECTS COMMON TO THE TERMINATION OF THE CONTRACT
The common effects of the termination of the contract for any reason are:
• The LICENSOR shall disable the license of use, access user, and key. Likewise, the services indicated in this contract shall cease to be provided. • It is worth noting that the termination of this license of use does not exempt the LICENSEE from the obligations regarding intellectual and industrial property set forth in this document, as well as any obligations that may persist after the termination of this relationship.
TENTH - DATA PROTECTION
The LICENSOR informs that the personal data provided for the hiring of the SOFTWARE APPLICATION will be processed for the purpose of developing the contractual relationship, as well as for its accounting, fiscal, or administrative management. Personal data will be kept until they are no longer necessary or relevant for the purposes for which they were collected or recorded in our files. Subsequently, personal data that meet this condition will be deleted unless there is a legal provision enabling their retention. It is worth noting that personal data will be deleted when the user has exercised the right to erasure unless there is a legal provision enabling their retention, in which case the data will be duly blocked and kept to prevent further processing. It is informed that the legal basis for the processing of your personal data is the contractual relationship and legitimate interest. The personal data contained in this document will also be processed to comply with the relevant legal obligations. At any time, the rights of access, rectification, erasure, portability, limitation, or opposition to their processing may be exercised by sending a request, and proving your identity, to the email address privacidad@golfyapp.com. It is informed about the right of the parties to lodge a complaint with the Spanish Data Protection Agency if they believe that the rights set forth in this privacy policy are being violated or if they consider that the processing of personal data concerning them infringes Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, and the Organic Law on Data Protection of a Personal Nature.
ELEVENTH - CUSTOMER SERVICE
If you have any questions, you can email us at administracion@golfyapp.com or call us at (+34) 691 226 747. The LICENSOR will make every reasonable effort to respond to all inquiries raised in the Customer Service within a reasonable time frame.
TWELFTH - INTEGRITY AND SAFEGUARD OF THE CONTRACT
Each of the provisions of this agreement shall be interpreted separately and independently of the others. In the event that any clause is found to be invalid or unenforceable under any legal provision or is declared null and void by any court, legal provision, or administrative authority, the nullity shall only affect that clause and not the integrity and existence of the contract, with the rest of the agreements remaining in full force and validity.
THIRTEENTH - LEGISLATION AND JURISDICTION
The parties expressly agree that this contract shall be governed and interpreted, in all its terms and conditions, in accordance with the current Spanish legislation. The parties expressly submit, for any questions or disagreements that may arise regarding the interpretation, compliance, and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the consumer or user or to those of the place of performance of the contractual obligation.