Visualfy App User License Agreement

User Responsibility

Welcome to VISUALFY, a mobile application from FUSIÓ D’ARTS TECHNOLOGY, S.L. (“VISUALFY”). Below, we detail the license agreement that governs the terms in which you, as a user, may use this mobile application:

License Grant

By clicking “I accept” below, you acknowledge that you have read, understood and agreed to be bound by this agreement and to comply with it. If you do not agree to the agreement, you will not have access to or be able to use the accessible VISUALFY services. If you have any questions, inquiries or concerns regarding this agreement, please contact VISUALFY by writing to dpd@visualfy.com. Once the terms of use have been accepted, you are subject to full compliance with all the terms and conditions of this Agreement, the Privacy Policy as well as the Terms and Conditions of use published on the website visualfy.acceseo.dev.

Availability

VISUALFY may not be available for users of all existing applications on the market or for all operating systems, so you must take into account the technical characteristics of your device.

Property Rights

The Intellectual Property of the application belongs exclusively to FUSIÓ D’ARTS TECHNOLOGY, S.L. This intellectual property covers the computer application, its source code and the structure of its database.

Restrictions

The user may not: (i) perform reverse engineering, disassemble or decompile the computer application, or attempt in any other way to obtain the source or modifiable code; nor (ii) create any alteration, adaptation, modification, translation, improvement or derivative work from the computer application; (iv) perform any act that may be considered a violation of any intellectual or industrial property rights belonging to VISUALFY.

Collection, Use and Disclosure of Personal Information

We inform you that in VISUALFY there are mechanisms that guarantee the security, confidentiality and integrity of all information stored by the use of the application. You can find the VISUALFY privacy policy at the following link https://www.visualfy.com/privacy-policy. In VISUALFY, these terms and conditions also apply to the collection, use, processing, transmission and disclosure of personal information in connection with the VISUALFY application: (i) your use of VISUALFY will include the processing of personal information to evolve the application and improve the user experience. Therefore, at the moment you accept this agreement, you grant consent for VISUALFY to transmit and access all the data and information described in the privacy policy for the proper development of the application. In compliance with current legislation, VISUALFY reserves the right to investigate alleged breaches of this agreement as well as the actions carried out by users of the application that constitute an illegal act under current laws.

Modifications and Updates

VISUALFY reserves the right to modify this Agreement, the Terms and Uses of the application as well as the Privacy Policy published on the VISUALFY website, at any time, by publishing a notice. The user is obliged to review these modifications. On the other hand, an update of the latest version of the Software may be required periodically in order to stop access and correctly use the VISUALFY service.

Exclusion of Guarantees and Liability

VISUALFY will not be liable in the event of interruptions in the Service, delays, errors, malfunctions thereof and, in general, other inconveniences that originate in causes beyond the control of VISUALFY, and/or due to a malicious or negligent action by the user and/or originate in causes of fortuitous event or force majeure and all those events occurring outside the control of VISUALFY, such as: failure of third parties, operators or service companies.

Duration and Termination

The right to use the VISUALFY application will begin at the time of installation on your mobile device and will remain in effect until you stop using it or uninstall it on your device. On the other hand, the user must take into account what refers to the “Premium” version published on the website www.visualfy.com. Any user who purchases the “Premium” version assures VISUALFY that they have the necessary legal capacity to carry out the electronic contracting of the service.

Applicable Law and Jurisdiction

For the resolution of all disputes or questions related to this agreement or the activities carried out by the use of the VISUALFY software, Spanish legislation will apply, to which the parties expressly submit, the Courts and Tribunals of Valencia capital being competent for the resolution of all conflicts derived from or related to its use.

Date of publication 07/26/2019

Version 3