GENERAL TERMS AND CONDITIONS OF USE
1. LEGAL CONDITIONS AND THEIR ACCEPTANCE
These general terms and conditions (the “Conditions”) regulate the access to and use of the WELOVROI, S.L. (“WELOVROI”) website by its users, as well as the products and services offered in the websites that belong to WELOVROI. These websites are Welovroi.com; help.welovroi.com; app.welovroi.com and roilovers.com (hereinafter together referred to as “Website”).
The use of the Website confers the status of User (the “User”) and expresses the User's full and unreserved consent to each of the Conditions, with the User being bound by the version that is published at the time of access. In addition to what is stated above, WELOVROI reserves the right to unilaterally modify, at any time and without prior notice, the appearance and configuration of the Website, and it also reserves the right to modify or eliminate, at any time and without prior notice, the conditions required for accessing and/or using the Website as well as the product and/or services. These modifications will be understood to be accepted by the User through the continued use of the Website as well as the product and/or services.
As a result, the User is strongly recommended to carefully read the contents of these Conditions whenever he/she uses the Website or its products and/or services.
2. DEFINITIONS
“Product” refers to each of the products that WELOVROI offers at any time via the Website.
“Services” refers to the services that WELOVROI provides at any time via the Website.
“User(s)” refers to any person or entity, physical or legal, that accesses the Website in order to use the Product and/or Services offered by WELOVROI.
“Contents” refers to, in an unlimited sense, the information, texts, graphics, blogs, forums and any other material or interactive service included in the Website by WELOVROI, third party vendors or service providers or Users.
“Account” refers to each User's account in order to access the use of the Product and/or Services.
3. PURPOSE
Via the Website, WELOVROI provides Users with access and use of the Product, the Services and the Contents made available by WELOVROI or by third party users of the Website and/or third party vendors.
4. CONDITIONS FOR ACCESSING AND USING THE WEBSITE
4.1. Compliance with the Legal Notice included in the Website
When the User accepts the Conditions, this implies the acceptance of the Legal Notice included by WELOVROI in the Website, primarily in terms of the industrial and intellectual property rights as well as the privacy policy.
4.2. Links to third party websites
The Website makes available to Users technical link devices (such as links, banners, buttons, etc.), directories and search tools that make it possible for Users to access websites that belong to third parties. The installation of these links, directories and search tools in the Website has the single aim of providing Users with the search for and access to information available in the Internet, and this does not assume that there is any type of connection or association between WELOVROI and the third parties that have been linked.
WELOVROI does not control beforehand, approve or assume as its own the services, information, data, files, products and any type of material that exists in the linked websites. Therefore, the User must use extreme caution when assessing and using the services, information, data, files products and any type of material that exists in the linked websites.
WELOVROI is fully exempt from any responsibility for all types of damages that derive or may be derived from the (i) operation, availability, accessibility of linked third party services and (ii) the maintenance of the information, services, data, files or any materials that exist in third party websites.
4.3. Correct use of Contents on behalf of Users
The User must abstain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recording, software and, in general, any type of material that is accessible via the Website and its Contents, using means or procedures that, depending on the situation, differ from what has been made available or are indicated for this purpose in the Website or, in general, from what is commonly used in the Internet with this purpose as long as there is no risk of damaging the Website, Product, Services and/or Contents or making them unavailable.
The User promises to use the Contents diligently, correctly and legally, and specifically promises to abstain from:
(a) Using the Contents in such a way, with aims or means that are against the law, generally accepted good customs and uses or public order;
(b) Reproducing or copying, distributing, allowing public access through any means of public communication, transforming or modifying the Contents, unless authorisation from the owner of the corresponding rights has been obtained or it is legally permitted;
(c) Infringing the intellectual or industrial property rights of WELOVROI or of another owner, as well as the other identification data or rights of WELOVROI or any of its owners that appear in the Contents, as well as the technical protection devices, digital fingerprints or any protection mechanisms that may be included in the Contents.
(d) Using the Contents and, specifically, the information of any type obtained from the Website for sending advertising, direct sales communications or with any other commercial purpose, unsolicited messages aimed at multiple people, regardless of their purpose, as well as abstaining from commercialising or disclosing this information in any way;
(e) Performing any other action that goes against the norms that regulate personal data protection, the market and consumers.
In addition, the User is required to immediately notify WELOVROI of any incident and/or anomaly detected in the Contents, primarily related to security, quality, information leaks, etc.
If the user does not comply with any of these obligations, WELOVROI may lodge the corresponding legal action(s).
4.4. Forums
The User is required to make use of those Services that, due to their nature, allow Users to insert Contents into the Website and make them accessible to other Users, such as chat services, forums, e-mail, shared interests and products, personal pages, etc., in accordance with the law, these Conditions, morality and generally accepted good customs and public order.
Illicit, vulgar, harmful, xenophobic, pornographic or discriminatory content, or any type of violence or discrimination related to ideology, race, religion or gender are expressly prohibited.
The User promises to not transfer, distribute or make available to third parties via the Forums any contents or information that:
(a) In any way breach, belittle or threaten the fundamental rights and public liberties that are constitutionally recognised by international treaties and other legal regulations.
(b) Induce, incite or promote actions that are criminal, derogatory, defamatory, degrading, violent, or, in general, against the law, morality and generally accepted good customs or public order.
(c) Induce, incite or promote actions, attitudes or ideas that are discriminatory in terms of gender, race, religion, beliefs, age or condition.
(d) Include, make available or allow access to products, elements, messages and/or services that are criminal, violent, pornographic, degrading or, in general, against the law, morality and generally accepted good customs or public order.
(e) Induce or may induce an unacceptable state of anxiety or fear.
(f) Induce or incite involvement in practices that are dangerous, risky or harmful to physical or mental health.
(g) Are false, ambiguous, inexact, exaggerated or extemporaneous, in such a way that they may lead to errors about their purpose or the intentions or aims of the sender.
(h) Are protected by intellectual or industrial property rights that belong to third parties, without the User having first obtained the necessary authorisation from the corresponding owners for the use he/she carries out or aims to carry out.
(i) Violate the corporate secrets of third parties.
(j) Do not coincide with the right to honour, personal or family privacy or the image of people.
(k) Infringe regulations for secret communications.
(l) Comprise illicit, deceptive or false advertising, and in general, that comprise unfair competition that damages WELOVROI and/or third parties.
(m) Include a virus or other physical or electronic elements that may damage or interfere with normal operation of the network, the system or computer equipment (hardware and software) belonging to third parties or that may damage electronic documents and files stored in the aforementioned computer equipment.
Despite this, WELOVROI reserves the right to review, at any time and without advance notice, through its own initiative or at the request of a third party, contents that are transferred, distributed or made available to third parties by Users through the Forums and to interfere with their transmission, distribution or availability to third parties if, in its opinion, they do not abide by these Conditions. The User expressly agrees to this control by WELOVROI.
4.5. Links and Hyperlinks
The User and, in general, those individuals who want to establish a hyperlink between their website and the WELOVROI website, must comply with the following conditions:
1. The Hyperlink must only provide access to the Website and the Product, Services and Contents, but it may not reproduce them in any way.
2. False, inexact or incorrect statements or indications must not be made about the Website and the Product, Services and Contents and, specifically, it must not be stated or inferred that WELOVROI has authorised the Hyperlink or that it has supervised or assumed in any way the contents or services offered or made available by the webpage in which the Hyperlink is established.
3. Except for the symbols that form part of the link itself, the webpage where the link is established must not contain any brands, commercial names, establishment banners, names, logos, slogans or other distinguishing symbols that belong to WELOVROI.
4. The webpage where the link is established must not contain content or information that is illicit or goes against generally accepted good customs and public order, and it must also not include content that violates any third party rights or regulations in effect.
5. Establishing a link does not involve in any case the existence of relations between WELOVROI and the owner of the webpage where the link is established, or the acceptance and approval on behalf of WELOVROI of its contents or services offered and made available to the public.
4.6. Treatment and use of data from Google services
WELOVROI requests data from the Google APIs by prior authorization of the user and stores that information in databases for later consultation by the user.
WELOVROI will not have access to the data of any specific service provided by Google from the user's account unless the user has explicitly authorized the application to do so. This data, once stored, is accessible by the user in a friendly format in the application itself through dashboards or reports in document format.
WELOVROI does not share data from Google with third parties and is only available to the user who connects his account and members from her/his team that she/he decides.
The following lines specify the data processed by WELOVROI in each of the services from Google available on the platform:
1. Google Analytics: Relevant data related to Google Analytics profiles on a website and their breakdowns in different segments (Countries or Gender, for example) and data from Goals.
2. Google Adwords: Ads statistics and performance data at Account or individual Campaign level.
3. Google My Business: Statistical data from the Locations installed by the user and data related to them, such as reviews, questions or interactions with the card shown in Google Search.
4. Youtube: Statistical data of channels and their videos. Non-statistical data from videos (title, description or thumbnail image) are also stored for a better presentation of the data to the user.
Using the Youtube API services through Welovroi implies that the user agrees to be bound by the Youtube Term of Services (link).
Using the API services from Google through Welovroi implies that the user agrees to the Google Privacy Policy (link).
Users from Welovroi, if they desire, can view and revoke any of the permissions granted to Welovroi for the use of Google services through the Google Securty Settings available here.
5. PURCHASING THE PRODUCT AND SERVICES
The User may have access to the Product and the associated Services by subscribing to them through the creation of an Account, in which case the User will be registered and subscribed to the Product and the Services. By creating an Account, the User indicates his/her acceptance and link to these Conditions, as well as to the terms established in the Legal Notice included in the Website.
The aforementioned access to the Product and the Services may be carried out by the User's own initiative, without having received an invitation beforehand from WELOVROI, or upon receiving an invitation from WELOVROI, which the entity sent to potential Users so they may test the Product and the Services offered by WELOVROI via its Website. In both cases, the User will have a certain period of time to test the Product and the Services for free, and after this period, if the User has not stated his/her intention to continue using the Product and the Services, the User will not be able to access his/her Account. WELOVROI will store the imported data for a period of time determined by WELOVROI and, if the User decides to not purchase the Product and the Services within the time limit by signing the corresponding general purchase conditions and any specific conditions that may be established, the data will be deleted and the Account will be cancelled definitively.
However, if the User notifies WELOVROI of his/her desire to have the imported data deleted immediately from the servers used by WELOVROI, the company will delete the data immediately. In addition, during the trial period, the User may cancel his/her Account, in which case WELOVROI will also delete the information and the data that was imported by the User immediately.
If the User states his/her intention to continue using the Product and the Services, the price and the rates for using the Product and the Services, the duration and other condition of use will be regulated in the corresponding general purchase conditions and in the specific conditions that, in each case, may be established by mutual agreement with the User.
Once the User has purchased the Product and/or the Services, he/she expressly authorises WELOVROI to insert the User's name and logo (when applicable) in the Website for advertising purposes, requiring WELOVROI to not carry out any actions that may harm the User's image and to not use the corresponding name and logo for any other purpose aside from simply inserting it in the Website. An exception is made in granting this authorisation for Users that, due to commercial or group policies, expressly do not allow inserting the logo in the WELOVROI Website.
If the User does not renew his/her subscription once it has expired, this will be sufficient for ending the User's access to the Product and the Services. The cancellation will be in effect the day after the last day of the subscription that was purchased.
6. STORAGE OF THE DATA IMPORTED BY USERS
The data imported by Users within the framework of using the Product and the Services will be stored by WELOVROI in third party servers that are rented for this purpose by WELOVROI, with daily back-ups of the data in question in order to process the data for the correct use of the Product and the Services.
WELOVROI will not be responsible for any possible losses of the data imported by Users and stored by WELOVROI in its servers if these losses are not due to a cause that may be attributed to WELOVROI. In addition, WELOVROI will not assume responsibility in the case of data espionage or actions carried out by hackers or third parties that access the data and manipulate and delete it.
The period during which WELOVROI will store in its servers the data and the information imported by the User will be specified in the corresponding general purchase conditions (or in the specific conditions, when applicable) that are established with each User.
However, WELOVROI reserves the right to confirm and verify the data imported by the User, who in turn expressly consents to having WELOVROI access this data in order to perform these confirmations and verifications.
If WELOVROI detects improper use of the Product and the Services, it may, upon notifying the User, delete the imported data it considers necessary in order to ensure appropriate use.
7. WELOVROI ACCESS TO USER DATA
By installing the corresponding applications and granting the pertinent permissions, the User may grant WELOVROI permissions to access the various Services Associated to the Product, which are being tested by the User, so that WELOVROI may store them for processing and to display them to the User.
8. EXEMPTION OF LIABILITY
8.1. Exemption of guarantees and of liability due to modifications or improvements to the Website, Product, Services and/or Contents
WELOVROI reserves the right to unilaterally modify, at any time and without prior notice, the appearance and configuration of the Website, and it also reserves the right to modify or eliminate, at any time and without prior notice, the conditions required for accessing and/or using the Website as well as the Product and/or Services.
In addition, WELOVROI reserves the right to temporarily and unilaterally interrupt at any time the operation of the Product and the Services in order to update them with new functionalities or improvements, as well as to modify them.
8.2. Exemption of guarantees and of liability due to the operation of the Website, Product, Services and/or Contents
WELOVROI develops the Product and the Services based on existing software development (software engineering) knowledge.
In this regard, WELOVROI does not guarantee that the Product or the Services will never have errors, which may result in the User receiving incorrect information that may lead him/her to make incorrect decisions.
8.3. Exemption of guarantees and of liability due to the use of the Website, Product, Services and/or Contents by Users
WELOVROI does not control User access or use of the Website, Product, Services and Contents. Specifically, WELOVROI does not guarantee that Users will use the Website, Product, Services and Contents in accordance with the law, these Conditions and, when applicable, the general and additional specific conditions that may be applicable, morality and generally accepted good customs and public order, or in a diligent and prudent manner.
The data imported by the User within the framework of using the Product and the Services belongs exclusively to each User, which will be responsible for the data in question.
8.4. Identify and information about Users provided by Users themselves
WELOVROI does not control or offer any type of guarantee regarding the identity of Users or the veracity, effectiveness, exhaustiveness and/or authenticity of the data Users provide about themselves and provide or make accessible to other Users.
WELOVROI is exempt from any liability for damages of any type that are or may be due to the incorrect identity of Users and a lack of veracity, effectiveness, exhaustiveness and authenticity of the information provided about Users or accessible to other Users, and specifically, if not exclusively, for any type of damages that may be due to phishing done by a User in any type of transaction or communication.
9. NO LICENCE
WELOVROI authorises User access to the materials only for using the Website, Product, Services and/or Contents, in accordance with what is established in these Conditions. WELOVROI does not grant any other licence or authorisation for use of any type for its industrial and intellectual property rights or any other property or right related to the Website and its Products, Services and/or Contents.
10. CONFIDENTIALITY
WELOVROI promises to maintain the appropriate secrecy and professional discretion with all the imported data and knowledge it has access to about the User throughout the validity of the contract with the User, as well as during the trial period referred to in the fifth clause.
Specifically, WELOVROI ensures the confidentiality of all the information it may receive or hold about the User, whether it may be technical, commercial, strategic, statistical, accounting or administrative information, or any other type of information that the User may import in order to use the Product and the Services and that may be processed by WELOVROI.
WELOVROI promises to not use or exploit the data and the information imported by the User for any other use aside from the needs and purposes tied to using the Product or complying with the conditions agreed upon in this document and/or the general conditions and/or the specific conditions that the User and WELOVROI establish, when applicable. However, WELOVROI may prepare and publish reports or summaries in its Website containing the metrics that are most used by Users in general, as well as other purely statistical data, without mentioning the name or logo of any Users at any time.
11. REFUSAL AND WITHDRAWAL OF ACCESS TO THE WEBSITE AND/OR PRODUCT, SERVICES AND/OR CONTENTS
WELOVROI reserves the right to refuse or withdraw access to the Website and/or Product and Services at any time and without prior notice, through its own initiative or at the request of a third party, to any Users who do not comply with these Conditions or the general conditions or the specific conditions that apply.
12. PROCEDURE IN THE EVENT OF INTELLECTUAL PROPERTY RIGHT VIOLATIONS
If any User or third party believes that any of the Contents have been added to the Website in violation of a third party's intellectual property rights, he/she must send a notification to WELOVROI containing the following: (a) personal information: name, address, phone number and e-mail address of the claimant; (b) authenticated signature (or equivalent) with the personal information of the owner of the intellectual property rights that have supposedly been infringed or of the person authorised to act on behalf of the owner of the intellectual property rights that have supposedly been infringed; (c) precise and complete indication of the Contents protected by the intellectual property rights that have supposedly been infringed, as well as their location in the Website; (d) express and clear statement that the indicated Contents have been inserted without the consent of the owner of the intellectual property rights that have supposedly been infringed; (e) express and clear statement, of the claimant's responsibility, that the information provided in the notification is precise and that the inserted Contents represent a violation of the claimant's intellectual property rights.
These notifications must be sent to WELOVROI, S.L., at the following e-mail address: [email protected].
13. LIABILITY FOR DAMAGES
The User will address any damages (present, probable and presumable) of any nature that WELOVROI may experience as a result of not complying with any of the obligations indicated in these Conditions.
WELOVROI reserves the right to initiate any legal actions that may correspond to it.
However, if WELOVROI must pay an administrative fine or the compensation of any type as a result of an administrative decision or a criminal sentence or a transaction for not complying with any of the commitments that User assumes in the Conditions, the User must reimburse WELOVROI the corresponding amount paid within thirty (30) days, starting from the date written notification is received from WELOVROI.
14. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Spanish laws.
WELOVROI and the User expressly renounce any other jurisdiction and agree to the Courts of the city of Madrid (Spain) for any controversy that may arise from providing the services described in these Conditions, unless the conflict in question is tied to a certain jurisdiction.