END-USER LICENSE APP “BADI”
READ THE TERMS AND CONDITIONS OF USE OF THE APPLICATION BELOW BEFORE DOWNLOADING, INSTALLING, COPYING OR USING IT. DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE IMPLIES ITS FULL, EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “REJECT” OPTION, AND CANCEL THE INSTALLATION AND/OR DOWNLOAD.
PARTIES. This document (hereinafter referred to as the “Agreement”) constitutes a legally binding contract between BADI APP, S.L., a company registered in Spain under the number of Tax ID No. B66542960 (the “Provider”) and You, a natural or legal person (“You” or the “End User”).
LICENSE. The Supplier grants to the End User a personal, limited, non-transferable, non-exclusive and revocable personal, non-commercial use of the “BADI” Software Application (the “APP” or “Software”) solely and exclusively in the field of the functionalities that at all times allows the same.
FUNCTIONALITIES. The APP allows the End User to publish offers for the lease of apartments or rooms for which Users have the rights (and/or have the faculties) legally necessary (the “SERVICES”) and which consist of a textual description, photographs or other elements (the “Digital Contents”). Digital Content may be archived by the Provider on third party servers. In some cases they could be archived in a random and encrypted way, making it difficult to trace the Supplier. You will absolutely refrain from providing Digital Content that contravenes the provisions of the Provider’s privacy and Data Protection Policy.
INTERNET CONNECTION. The APP needs internet connection in order to function properly, and must periodically connect to the Provider’s servers or third parties. Internet connection is required for the following software features:
- Updates of the APP. The Supplier may occasionally publish software updates (“updates”), although it is not obliged to do so. This feature is enabled in the standard configuration section of the software and updates are automatically installed unless the end user has disabled automatic installation of updates.
- Synchronization. The access to the Digital Contents accessible through the SERVICES requires synchronization with the Servers of the Provider and reception of the information linked to the Account of the End Users.
RESTRICTIONS ON THE LICENSE. You may not distribute, extract components or create derivative works of the Software. The use of the APP is subject to the following restrictions:
- You may not use, modify, translate or reproduce the software, or transfer the rights to use the software or copies thereof in any way that is not expressly set forth in this agreement.
- You may not convey, sell, license, rent, lease or lend the software, or use it to provide commercial services.
- You may not reverse engineer, decompile or disassemble the software, or otherwise attempt to obtain its source code, unless the law expressly prohibits this restriction.
- You may not perform duplication, modification, adaptation, correction of errors, transcription, translation into other languages or other computer languages of any of the elements contained in the Software, regardless of the form or means used.
- You may not use, delete or change any marks, symbols, distinctive signs or other marks of protection.
- You cannot circumvent any technology used by the Supplier or its licensors to protect the contents accessible through the App or the SERVICES.
- You agree that the use of the software will be carried out in accordance with the applicable law in the jurisdiction where it is used, and will respect the restrictions applicable to Copyright or other intellectual property rights.
MODIFICATIONS. The Supplier may make modifications and improvements to the Software subject to this license, at any time and without prior notice. Such modifications and/or improvements shall be the exclusive property of the Supplier.
INTELLECTUAL PROPERTY. The software and all rights, including but not limited to intellectual property and/or industrial property, and any “proprietary” rights are owned by BADI APP. S.L., and/or its licensors. Owners are protected by international treaty provisions and by all other applicable laws of this country in which the software is used. The structure, organization and code of the software are trade secrets and confidential information and know-how of the Supplier and/or its licensors.
LOCAL FILES. The Software automatically generates local files stored on your device to allow, if necessary, offline access to the Digital Contents that you can access.
In addition, the APP has certain functionalities of reading and/or access to local files that are in your device. The APP will allow you, in that case, to import or copy local files stored on your device. You may only import or copy files that you have legally acquired, and in respect of which you have the right to import or copy them.
THIRD PARTY APPLICATIONS. In the event that the use of applications, websites, social networks and/or any other services of third parties is permitted through the APP, the End User will be asked to read and accept the conditions applied by said third parties. Without the Supplier having, in any case, control over the content of such services, nor any responsibility for the use, consequences or contents thereof.
RESPONSIBILITY. You acknowledge that the software is provided “as is”, without express or implied warranty of any kind and to the maximum extent permitted by applicable law.
Neither the supplier nor any other party warrants that the functions contained in the software satisfy its requirements or that the software will operate without interruption or error, including by way of example, (i) its ability to function properly or without defects whether original or intermediate, (ii) their use by the user, (iii) the correction of errors that may arise in the future, (iv) their sustainability for a particular purpose, or (v) their marketability.
In this sense, the Supplier shall not be liable for any damages or losses of any nature suffered directly or indirectly by the User or third parties, including, merely as identification, loss of profits, interruption of operations, loss of information, records or databases, third party claims, loss of profits or other pecuniary damages, damages arising from the use or inability to use the Software or its uninstallation, including those that may occur in the devices, as well as the derivatives of defects originated or surpassed even in those cases in which the Supplier had knowledge on the possibility that they occurred.
The User assumes full responsibility and risk for the selection of the software to achieve the desired results and for the installation, use and results achieved with the software.
None of the provisions of this document are established to the detriment of the rights recognized by the legislation applicable to the End User as a consumer against what is provided herein.
TECHNICAL SUPPORT. The Supplier and third parties contracted by the Supplier will provide technical support, at their discretion, without any warranty or declaration. The end user must backup all data stored on their devices before receiving technical support. The Supplier and/or third parties, if any, contracted by the Supplier shall not be liable for damages, loss of data, items in property, software or hardware or loss of income due to the provision of the technical support service.
The Supplier and/or third parties contracted by this Supplier reserve the right to determine that the solution to a problem does not fall within the scope of technical support. The Supplier reserves the right to refuse, void or terminate, at its discretion, the provision of technical service.
DURATION. The license granted shall remain in effect (i) until the User freely decides to uninstall the Software from its device(s); (ii) for as long as the Supplier or its successor entities continue to provide the SERVICES.
The Provider shall have the power to revoke this license, as long as it communicates the resolution in advance through its website, by sending notifications or through any other valid means of communication. Notwithstanding the foregoing, the Supplier may terminate the contract without prior notification in case of non-compliance by the End User of any of its conditions.
DATA PROTECTION. The terms and conditions contained in the Provider’s Privacy and Data Protection Policy are fully applicable to this license.
APPLICABLE LAW AND JURISDICTION. The applicable law in case of dispute or conflict of interpretation of the terms that conform these Conditions shall be Spanish law, unless the rules of protection of consumers and users establish the applicability of a different legislation.
In order to resolve any dispute that may arise, Supplier and User agree to submit to the Judges and Home Courts of BADI APP, S.L., or the User, at the choice of the latter, provided that the same is located in Spanish territory or any other jurisdiction whose applicability is imposed by the rules of protection of consumers and users.